WHEREAS, the Sterling Municipal Light
Department (SMLD) located in Sterling, Massachusetts has been the SMLD
Integrated Resource Planner (Power Supply) and Distribution Company since
1910 for all of its customers; and
WHEREAS, the SMLD has full and exclusive
charge of the operations, distribution, purchase and sale of electric
supply and resources within the municipal boundaries of Sterling,
Massachusetts; and
WHEREAS, real time demand response and demand
side management are an integral component of the operations of the SMLD,
maintained and managed by the SMLD, for the benefit of all its customers;
and
WHEREAS, it is a violation of the SMLD
original charter, under Massachusetts General Law Chapter 164 (voted by
the residents of the town on November 26, 1910), and Massachusetts
Restructuring Acts of 1997, to distribute or sell electricity within the
service territory of the SMLD, without the SMLD’s agreement; and
WHEREAS, the capacity, energy and demand
response resources of the SMLD are managed and maintained by the SMLD as
an asset of the SMLD for the benefit of all of its customers.
NOW THEREFORE, The Sterling Municipal Light Board and the SMLD Manager
finds:
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that the capacity, energy and demand response
resources of the SMLD are managed
and maintained by the SMLD as an asset of the SMLD for the benefit of
all of the SMLD’s customers;
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that any transfer of any capacity, energy or
demand response resource by a customer or third party is detrimental
to the operations of the SMLD and its customers;
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that any wholesale or retail sale of electric
capacity, energy or demand response resources by a third party is
prohibited by the laws of the Commonwealth of Massachusetts, the rules
and regulations of the SMLD and this Proclamation;
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that any activity, which sells, transfers, or
conveys any load or capability responsibility of a customer to a
third-party is a sale prohibited by the Commonwealth of Massachusetts,
the rules and regulations of the SMLD and this Proclamation; and
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that any retail or wholesale competition by a
third party with any SMLD customer located within the municipal
boundaries of the Town of Sterling, Massachusetts for any purpose is
prohibited by this Proclamation and has been since 1910. |