Tesla Virtual Power Plant Powered by ELRP Group A.5 (Vehicle-Grid Integrations)

You will be asked to provide the utility information that matches your utility account, which includes the name on the account and service address. Check your utility bill to find the correct information.

You are always in control. Your Powershare Limit ensures you always have the energy you need in your vehicle. Additionally, if you expect you’ll need more energy in your vehicle than normal, you can either opt out of an individual event at any time before or during the event or adjust your Powershare Limit.

If you want to disenroll from the program, email vppsupport@tesla.com.

Note: Adjusting your vehicle settings can manage unwanted use without disenrollment.

Southern California Edison and San Diego Gas and Electric (collectively, “the Utility”) created a virtual power plant (“VPP”) program called Emergency Load Reduction Program (the “Program”) to help reduce stress on the electrical grid, supported by Tesla, Inc. (“Tesla”). This Program compensates eligible customers for program participation. Tesla, Inc. (“Tesla”) supports this Program, which is open to customers with one or more eligible Tesla Powershare devices (each, a “Device”) that Tesla will control during demand response events (each, an “Event”). Your participation is subject to your agreement to be bound by these terms and conditions with Tesla (“Terms”). By clicking “Accept Enrollment” you (“You” or “Participant”) acknowledge that You have read these Terms and agree to be legally bound by them.

1. Eligibility and Enrollment
   Upon completing the necessary information and agreeing to the Terms, Tesla will submit Your application to Your Utility. Your Utility in its sole discretion shall accept or reject Your participation in the Program. Eligibility criteria includes, at a minimum, that you:
   a. Are at least 18 years of age
   b. End-user must have an residential electric account in good standing with the Utility
   c. End-User must have a complete interconnection application for applicable device with the Utility and remain compliant with interconnection requirements
   d. Have authority to control the Device as set out in Section 2
2. Authority
   You should not participate in the Program unless You have the authority to control the Device(s) and are the customer of record for the utility account associated with the address at which the Device is installed (“Customer of Record”). By accepting these Terms, You confirm that You have the authority to control the Device and are the Customer of Record, and that Tesla and the Utility can rely on those confirmations in connection with the Program.
3. Grant Of Control Over Your Device
   By accepting these Terms, You grant Tesla remote access to control the enrolled Device to automatically charge and/or discharge the Device, during an Event. Tesla may charge or discharge Your Device at any time and to any level but will make efforts to respect Your preferences as configured in the Tesla App, like Powershare Limit During Events and Event opt-out, as applicable.
4. Term
   This Agreement will commence upon the date that You accept these terms and conditions and will continue for 1 year (the “Term”). Thereafter, the Term shall automatically be extended for additional renewal terms of one (1) year each, each anniversary thereof, until either You or Tesla terminates this Agreement as allowed under these Terms.
5. Program Events
   Events will be called subject to the “Program Rules,” which you will be required to review and accept in accordance with this Agreement and a copy of which may be found by clicking the link at the bottom of this page with link title: “Program Terms”. Tesla will control the Device to respond during Events and will make reasonable efforts to maximize performance within Your preferences as configured in the Tesla App.
6. Compensation
   The Program provides compensation for your participation as detailed on the program website. You acknowledge and agree that Tesla does not guarantee any specific level of compensation from Your participation. The calculation of the performance and compensation is defined by the Utility in the Program Rules published on their website. You agree that the Utility will provide payment to You (“Compensation”) for Your Device’s contribution to the VPP. The Compensation payments referenced herein, if any, are the only compensation that You will receive from Tesla or the Utility for participating in the Program. You are responsible for all other costs of participating in the Program, including, but not limited to Your cost of electricity to charge Your Device as well as for the general use of Your Device.
7. Your Device Data and Other Information
   Participation in the Program means that the Utility and Tesla will have access to certain types of Your personal identifiable information and energy use data, including, but not limited to, Your name, address, energy usage, utility account number, Device information, data generated from the Program, data generated from Your Powerwall, Gateway, EVSE, Powershare system and/or Solar devices You may have, Your Tesla vehicle’s Vehicle Identification Number (VIN), and other personal information, collectively referred to as Confidential Information. You authorize the Utility and Tesla, and their respective employees and representatives, to use and exchange the Confidential Information to administer the Program in accordance with Tesla’s Customer Privacy Policy, as applicable. (Even though this policy is a separate document from these Terms, it is considered part of these Terms). You further authorize Tesla and the Utility to provide Your Confidential Information to relevant regulatory bodies upon their valid, legal request or as otherwise required by law. You also authorize Tesla or the Utility to use or share Confidential Information that is anonymized without further need for Your consent provided that it does not contain any of Your personal identifiable information
8. Program Communications
   By accepting these terms and conditions, you consent to Tesla, Your Utility and other Program agents communicating with you for the purpose of enrolling you and managing your participation in the Program by email, SMS or telephone, including without limitation placing calls to wireless and other phone numbers using automatic dialing systems and recorded voice technology, notwithstanding any registration pursuant to federal, state or local Do-Not-Call lists or similar registries.”
9. Enrollment
   Into Other VPP Programs You agree that Your enrollment into the Program means that You are interested in participating in Virtual Power Plant programs. You grant Tesla the right to apply on Your behalf, unenroll You from programs and enroll you in alternative or follow-on VPP programs that are, in Tesla’s sole discretion, similar to the Program. If this occurs, Tesla will notify You of the change, and provide You with an option to unenroll.
10. No Warranty; Disclaimer
    Tesla expressly disclaims all warranties of any kind relating to this Program, whether express, implied or statutory including but not limited to any implied warranties for conditions, merchantability, fitness for a particular purpose, title, non-infringement or misappropriation of intellectual property rights.
11. Limitation of Liability
    In no event will Tesla be liable for any direct, indirect, incidental, special or consequential damages arising in connection with the Program, including but not limited to, Your Device’s reduced charge during a power outage causing a loss of power or any other loss of power. If You are dissatisfied with the Program, any of these Terms, or believe Tesla has breached these Terms, Your sole and exclusive remedy is to discontinue participation in the Program.
12. Termination
    You agree that either of us may choose to terminate Your participation in the Program, at any time and for any reason. If Tesla elects to terminate Your participation in the Program, Tesla will provide You with [5] days' written notice to the email address You maintain with Tesla in Your Tesla app. If You elect to terminate Your enrollment in the Program, you may do so by contacting vppsupport@tesla.com and termination will be effective within [5] days of processing Your request.
13. General
    i. Entire Agreement. Except as otherwise stated herein, these terms and the Program Rules constitute the entire Agreement between You and Tesla concerning the Program.
    ii. No Assignment. You may not assign this Agreement without Tesla’s prior written consent.
    iii. Severability and Waiver. If any provision herein is invalid or unenforceable, the remaining provisions will remain in full force and effect.
    iv. Survival. Termination of the Program will not affect any obligations and rights under this Agreement, including Sections 7, 8, 10, 12 and 13, which are intended to survive such termination.
    v. Governing Law. This Agreement is governed by California law.
    vi. Amendments. This Agreement may be amended by Tesla from time to time upon 5 days’ written notice to the email address You maintain with Tesla in the Tesla app with reference on the program support page which can be accessed through the Tesla app.

Tesla Arbitration Requirement

Agreement to Arbitrate

Read this part carefully because it means you are agreeing that any unresolved dispute between you and Tesla will not be decided by a judge or jury in a public courtroom, but instead by a single arbitrator in a private arbitration.

If you have a dispute arising out of or relating to any aspect of this Agreement and the relationship between you and Tesla, Inc. or its affiliates (which we call “Tesla”), send us an email to resolutions@tesla.com, describing your dispute and how you would like it resolved. If it is not resolved within 60 days from the date of your email, you agree that your dispute can only be resolved by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before you ordered your System (such as claims related to statements Tesla made about our products). We will pay all AAA fees for any arbitration, which will be held in the city or county of your legal residence. To learn more about the Rules and how to begin an arbitration, you can call any AAA office or go to www.adr.org. The arbitrator can only resolve disputes between you and Tesla, and cannot consolidate claims from others without consent from you, Tesla, and the others. You can only bring claims in arbitration against Tesla in your individual capacity and not as a plaintiff or class member in any class or representative action (and the same is true for Tesla). If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a specific claim for relief or remedy (such as what lawyers call “injunctive” or “declaratory” relief), then that claim or remedy (and only that claim or remedy) will be carved out of the arbitration and can be filed in court; all other claims must be arbitrated. If you prefer, you can take your individual dispute to a small claims court instead. If you don’t want to agree to arbitration, you can "opt out” of arbitration by sending us a letter within 30 days after placing your initial order for your System. Send the letter to Tesla, Inc.; P.O. Box 15430; Fremont, CA 94539-7970 and include your name, your order number, the name of the product you ordered and a statement explaining your desire to opt out of arbitration. If you do not opt out, your agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract.

The ELRP A.5 is open to PG&E customers who have one or more Tesla Powershare devices (each, a “Device”) that Tesla can remotely control during Demand Response (DR) events (Event). Participation is subject to your agreement to be bound by these terms and conditions with PG&E and Tesla (Terms). 

By clicking “Accept Enrollment” or “Accept Updated Terms”, you (“Participant”) acknowledge that you have read these Terms and agree to be legally bound by them. 

1. Eligibility 
   PG&E in its sole discretion shall determine Participant’s eligibility to participate in the ELRP A.5 which includes: 
   a. Participant must receive electric service on a residential rate schedule. 
   b. Participant must be located in PG&E’s service territory. 
   c. Participant has a PG&E electric SmartMeter. 
   d. Participant is not simultaneously enrolled in another supply-side demand response program or any other ELRP sub-group offered by PG&E, third-party DR provider or Community Choice Aggregator. 
   e. Participant has an active and valid PG&E Rule 21 interconnection permit. 

2. Authority 
   Participant should not participate in the ELRP Sub-Group A.5 unless Participant has the authority to control the Device and is the Customer of Record for the PG&E utility account associated with the address at which the Device is installed. By accepting these Terms, Participant confirms that Participant has authority to control the Device and is the Customer of Record in that manner, and that Tesla and PG&E can rely on those confirmations in connection with the ELRP A.5. 

3. Participant Device Control Requirements 
   By accepting these Terms, Participant grants PG&E and Tesla remote access to control the enrolled Device to automatically charge and/or discharge the Device during a DR Event. Other than Participant’s own operation of the Device, PG&E and Tesla will have exclusive access to the Device. Participant will have the ability to set a minimum level of charge as a backup reserve (“Backup Reserve”). Tesla will not draw Participant Device’s state of charge below Participant’s designated Backup Reserve and will not discharge Participant’s Device when the state of charge is below the Backup Reserve. Except for honoring Participant’s Backup Reserve, Tesla may charge or discharge the Participant’s Device at any time and to any level. 

4. ELRP Term 
   The ELRP A.5 begins upon the Participant’s acceptance of these Terms and shall continue until at least December 31, 2027, unless expressly extended by PG&E or terminated sooner.  

5. ELRP Customer Events 
   Events will be triggered the day-ahead or day-of based on Flex Alerts or CAISO Energy Emergency Alerts between May 1st and October 31st and the Event hours can be between 4:00 PM and 9:00 PM. 

6. Payment 
   The ELRP A.5 will compensate the Participant $2 for every incremental kilowatt-hour that PG&E and/or Tesla discharges from Participant’s Device in response to an Event. Tesla will directly pay the Participant any compensation earned on an annual basis, or on a more frequent basis as determined by Tesla. Those payments, if any, are the only compensation that Participant will receive from Tesla and PG&E for their participation in the ELRP A.5. Participant is responsible for all other costs that may involve participating in the ELRP A.5, including but not limited to, the cost of electricity to charge Participant’s Device and the general use of Participant’s Device. 

7. Participant Device Data and Other Information 
   Participation in the ELRP A.5 involves PG&E and Tesla having access to certain Participant personal identifiable information and energy use data, including but not limited to, their name, address, energy usage, utility account number, Device information, data generated from the ELRP A.5, and other personal information, collectively referred to as Confidential Information. Participant authorizes PG&E and Tesla, and their affiliates, employees and representatives, to use and exchange the Confidential Information to administer the ELRP A.5 and in accordance with Tesla’s Customer Privacy Policy (https://www.tesla.com/legal) and PG&E’s Customer Privacy Policy (http://www.pge.com/privacy). (Even though those policies are separate documents from these Terms, they are considered part of these Terms.) Participant further authorizes PG&E and Tesla to provide any Confidential Information to the California Public Utilities Commission upon its request or as otherwise required by law. Provided the Confidential Information is anonymized and does not contain any Participant personal identifiable information, such anonymized information may be used or disclosed by PG&E and Tesla without the need for the Participant’s consent. 

8. Program Communications 
   By accepting these terms and conditions, you consent to Tesla, PG&E and other Program agents communicating with you for the purpose of enrolling you and managing your participation in the Program by email, SMS or telephone, including without limitation placing calls to wireless and other phone numbers using automatic dialing systems and recorded voice technology, notwithstanding any registration pursuant to federal, state or local Do-Not-Call lists or similar registries.” 

9. Enrollment Into Other VPP Programs 
   You agree that Your enrollment into the Program means that You are interested in participating in Virtual Power Plant programs. You grant Tesla the right to apply on Your behalf, unenroll You from programs and enroll you in alternative or follow-on VPP programs that are, in Tesla’s sole discretion, similar to the Program. If this occurs, Tesla will notify You of the change, and provide You with an option to unenroll. 

10. No Warranty; Disclaimer 
    PG&E and Tesla expressly disclaim all warranties of any kind relating to the ELRP A.5, whether express, implied or statutory including but not limited to any implied warranties for conditions, merchantability, fitness for a particular purpose, title, non-infringement or misappropriation of intellectual property rights. 

11. Limitation of Liability 
    In no event will Tesla or PG&E be liable for any direct, indirect, incidental, special, or consequential damages, arising in connection with the ELRP A.5, including but not limited to Participant’s Device reduced charge during a power outage causing a loss of power or any other loss of power for whatever reason. If Participant is dissatisfied with the ELRP A.5, any of these Terms, or believes Tesla or PG&E has breached these Terms in any way, Participant’s sole and exclusive remedy is to discontinue participation in the ELRP. 

12. Termination 
    Termination By PG&E. PG&E has the sole discretion to terminate a Participant’s participation in the ELRP A.5, at any time without cause by providing Participant written notice. 
    Termination by Participant. Participant may terminate their enrollment in the ELRP A.5 at any time for any reason by contacting Powerwall Customer Support at 877-961-7652 or VPPSupport@tesla.com. 
    Participant will receive compensation owed under Section 6 of the Terms for participation in the ELRP A.5 up until the date of termination. 

13. General 
    i. Entire Agreement. These Terms are the entire agreement between PG&E, Tesla and Participant concerning the ELRP A.5’s eligibility and participation requirements. 
    ii. No Assignment. These Terms may not be assigned by Participant without PG&E’s prior written consent. 
    iii. Severability and Waiver. If any provision herein is invalid or unenforceable, the remaining provisions will remain in full force and effect. 
    iv. Survival. Termination in the ELRP A.5 will not affect the obligations and rights under these Terms which are intended to survive such termination. 
    v. CPUC Jurisdiction. These terms shall be subject to all legal and regulatory requirements applicable to the ELRP (including, without limitation, any decisions, orders or rules of the CPUC). 
    vi. Governing Law. This Agreement is governed by California law. 
    vii. Amendments. These Terms may be changed by PG&E and Tesla from time to time upon 5 days notice to Participant, which will be sent to Participant. Any changes will also be published on the pilot support page which can be accessed through the Tesla mobile application. 

Tesla Arbitration Requirement 

Agreement to Arbitrate 

Please read this part carefully because it means you are agreeing that any unresolved dispute between you and Tesla will not be decided by a judge or jury in a public courtroom, but instead by a single arbitrator in a private arbitration. 

If you have a dispute arising out of or relating to any aspect of the relationship between you and Tesla, Inc. or its affiliates (which we call “Tesla”), please send us an email to resolutions@tesla.com, describing your dispute and how you would like it resolved. If it is not resolved within 60 days from the date of your email, you agree that your dispute can only be resolved by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before you ordered your System (such as claims related to statements Tesla made about our products). We will pay all AAA fees for any arbitration, which will be held in the city or county of your legal residence. To learn more about the Rules and how to begin an arbitration, you can call any AAA office or go to www.adr.org. The arbitrator can only resolve disputes between you and Tesla, and cannot consolidate claims from others without consent from you, Tesla, and the others. You can only bring claims in arbitration against Tesla in your individual capacity and not as a plaintiff or class member in any class or representative action (and the same is true for Tesla). If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a specific claim for relief or remedy (such as what lawyers call “injunctive” or “declaratory” relief), then that claim or remedy (and only that claim or remedy) will be carved out of the arbitration and can be filed in court; all other claims must be arbitrated. If you prefer, you can take your individual dispute to a small claims court instead. If you don’t want to agree to arbitration, you can "opt out” of arbitration by sending us a letter within 30 days after placing your initial order for your System. Please send the letter to Tesla, Inc.; P.O. Box 15430; Fremont, CA 94539-7970 and include your name, your order number, the name of the product you ordered, and a statement explaining your desire to opt out of arbitration. If you do not opt out, your agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract.