Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1229351
`08/16/2022
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`ESTTA Tracking number:
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`Filing date:
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`Proceeding no.
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`Party
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`Correspondence
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`Attachments
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91276676
`
`Plaintiff
`Central Coast Community Energy
`
`HAZEL MAE B. PANGAN
`GORDON REES SCULLY MANSUKHANI LLP
`101 WEST BROADWAY, SUITE 2000
`SAN DIEGO, CA 92101
`UNITED STATES
`Primary email: ipdocket@grsm.com
`Secondary email(s): hpangan@grsm.com, cmariam@grsm.com, sco-
`bau@grsm.com, klaw@grsm.com
`619-696-6700
`Motion to Suspend for Civil Action
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`Hazel Mae B. Pangan
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`ipdocket@grsm.com, hpangan@grsm.com, cmariam@grsm.com, sco-
`bau@grsm.com, klaw@grsm.com
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`/Hazel Mae B. Pangan/
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`08/16/2022
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`2022-08-16 Motion to Suspend Pending Resolution of Civil Action.pdf(3680927
`bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Central Coast Community Energy,
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`v.
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`3C Engineering, Inc.,
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` In the Matter of Trademark Application
`Application No. 90684647
`Filed: 04/30/2021
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`For the Trademark: 3C ENGINEERING
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`Opposition No. 91276676
`Filing Date: 6/08/2022
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`Opposer,
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`Applicant.
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`MOTION FOR SUSPENSION OF PROCEEDINGS
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`Opposer Central Coast Community Energy (“CCCE”) hereby moves, pursuant to
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`Trademark Rule, Section 2.117(a), for suspension of the above-styled opposition proceeding
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`pending final disposition of a civil action filed by Applicant, 3C Engineering, Inc.
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`(“Applicant”), against CCCE. See 37 C.F.R. § 2.117(a).
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`As grounds for support of this Motion, CCCE asserts that, on or around March 1, 2022,
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`Applicant filed a civil action in the U.S District Court, Central District of California, against
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`CCCE, entitled 3C Engineering, Inc. v. Central Coast Community Energy (Case No. 2:22-cv-
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`01395) (the “Civil Action”). (See Exhibit A, a copy of Applicant’s Complaint in the
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`aforementioned civil action.) In its Complaint in the Civil Action, Applicant puts forth a claim
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`for false designation of origin under Section 43(a) of the Lanham Act, in addition to state law
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`claims, through which Applicant seeks a judicial determination of whether CCCE has violated
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`trademark rights, if any, owned by Applicant. With respect to the Lanham Act claim,
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`Applicant contends that it is the owner of certain rights in the 3C ENGINEERING mark.
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`These issues are likewise raised by the above-styled Opposition, and the Civil Action therefore
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`may be dispositive of this proceeding. Therefore, CCCE respectfully requests that the Board
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`suspend this Opposition proceeding pending termination of the Civil Action.
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`Date: August 16, 2022
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`Respectfully submitted,
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`/s/Hazel Mae B. Pangan
`Hazel Mae B. Pangan
`Attorneys for Opposer,
`Central Coast Community Energy
`
`
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`GORDON REES SCULLY MANSUKHANI,
`LLP
`101 W. Broadway, Suite 1600
`San Diego, CA 92101
`Tel: (619) 696-6700
`Fax: (619) 696-7124
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`

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`Certificate of Service
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`I hereby certify that a true and complete copy of the foregoing Motion For Suspension Of
`Proceedings has been served on the individual(s) identified below by forwarding said copy on
`August 16, 2022, via email to:
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`Michael N. Cohen
`Cohen IP Law Group, PC
`9025 Wilshire Boulevard, Suite 301
`Beverly Hills, CA 90211
`mcohen@cohenip.com
`Phone: 310-246-9980
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`Date: August 16, 2022
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`/s/ Kelsey Law
` Kelsey Law
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`EXHIBIT A
`EXHIBIT A
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`Case 2:22-cv-01395-PLA Document 1 Filed 03/01/22 Page 1 of 11 Page ID #:1
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`COHEN IP LAW GROUP, PC
`Michael N. Cohen (Cal. Bar. No. 225348)
`mcohen@cohenip.com
`9025 Wilshire Blvd., Suite 301
`Beverly Hills, California 90211
`Tel: 310-288-4500
`Fax: 310-246-9980
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`Attorneys for Plaintiff
`3C Engineering, Inc.
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`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
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`3C ENGINEERING, INC., a California
`corporation,
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`CASE NO.:
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`COMPLAINT FOR:
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`Plaintiff,
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`VS.
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`CENTRAL COAST COMMUNITY
`ENERGY, a business entity form
`unknown, and DOES 1 through 10,
`inclusive,
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`Defendant.
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`(1 FALSE DESIGNATION OF
`ORIGIN [15 U.S.C.
` 43(a)]
`1125(c)ILanham Act
`(2) STATUTORY U FAIR
`COMPETITION
`[CALIFORNIA BUSINESS &
`PROFESSIONS CODE §
`17200]
`(3) STATE COMMON LAW
`TRADEMARK
`INFRINGEMENT AND
`UNFAIR COMPETITION
`
`Demand for Jury Trial
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`Plaintiff, 3C ENGINEERING, INC. ("Plaintiff"), alleges on personal
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`knowledge as to all facts known, and on information and belief as to all other facts,
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`as follows for its Complaint against Defendants CENTRAL COAST COMMUNITY
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`ENERGY ("Defendant") and DOES 1 through 10, inclusive (Collectively
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`"Defendants"):
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`1
`COMPLAINT
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`

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`Case 2:22-cv-01395-PLA Document 1 Filed 03/01/22 Page 2 of 11 Page ID #:2
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`1
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`2
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`1.
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`Plaintiff is 3C ENGINEERING, INC., a California corporation having
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`PARTIES
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`3
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`its principal place of business at 1500 Palm St., San Luis Obispo, California 93401.
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`4
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`2.
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`On
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`information and belief, Defendant, CENTRAL COAST
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`5
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`COMMUNITY ENERGY, is a business entity form unknown having its principal
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`place of business at 70 Garden Court, Suite 300, Monterey, CA 93940.
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`3.
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`On
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`infomiation and belief, Defendant CENTRAL COAST
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`COMMUNITY ENERGY's agent for service of process is Robert M. Shaw, Chief
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`Operating Office and General Counsel for Defendant. Mr. Shaw is located at 70
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`Garden Court, Suite 300, Monterey, CA 93940.
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`11
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`4.
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`Plaintiff is infomied and believes, and thereon alleges, that Defendants
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`12
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`DOES 1 through 10, inclusive, are individually and/or jointly liable to Plaintiff for
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`the conduct alleged herein. The true names and capacities, whether individual,
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`14
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`corporate, associate or otherwise, of Defendants DOES 1 through 10, inclusive, are
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`15
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`unknown to Plaintiff at this time. Accordingly, Plaintiff sues Defendants 1 through
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`16
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`10, inclusive, by fictitious names and will amend this complaint to allege their true
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`17
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`names and capacities after they are ascertained.
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`18
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`5.
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`Plaintiff is informed and believes, and thereon alleges, that except as
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`19
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`otherwise alleged herein, each of the Defendants is, and at all times relevant to the
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`Complaint was, the employee, agent, employer, partner, joint venture, affiliate,
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`and/or co-conspirator of the Defendants and, in doing the acts alleged herein, was
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`acting within the course and scope of such positions at the direction of, and/or with
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`the permission, knowledge, consent and/or ratification of the other Defendants. In
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`the alternative, Plaintiff is informed and believes, and thereon alleges, that each
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`Defendant, through its acts and omissions, is responsible for the wrongdoing alleged
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`herein and for the damages suffered by Plaintiff.
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`2
`COMPLAINT
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`Cace 2:22-cv-01395-PLA Document 1 Filed 03/01/22 Page 3 of 11 Page ID #:3
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`3
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`JURISDICTION AND VENUE
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`6.
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`This Compliant arises under the federal trademark laws of the United
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`States and subject matter jurisdiction is proper under 28 U.S.C. §§ 1331, 1338, 2201,
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`4
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`and 2202. This Court has supplemental jurisdiction over the state court claims
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`asserted herein pursuant to 28 U.S.C. § 1367(a).
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`7.
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`Venue is proper in the Central District of California pursuant to 28
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`U.S.C. §§ 1391(b) and (c) because a substantial part of the events giving rise to the
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`claims alleged herein occurred and are likely to continue to occur in this district.
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`FACTUAL BACKGROUND
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`10
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`Plaintiff and Defendant's Businesses
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`8.
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`Plaintiff business 3C Engineering Inc. is an energy management
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`corporation based in San Luis Obispo that was incorporated on August 11, 2009.
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`Plaintiff has used 3C as the name of its business and a source indicator of its services
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`continuously since August 20, 2009. Plaintiffs services include, but are not limited
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`to, designing and implementing energy management, control, and perfoiinance
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`systems. Clients from a vast array of different industries such as wineries,
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`hospitality buildings, schools, cannabis facilities, fire stations, and more have hired
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`Plaintiff for various energy management projects.
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`9.
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`On infoiination and belief, Defendant business Central Coast
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`Community Energy is a clean energy utility company that provides clean and
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`renewable energy in San Luis Obispo, Monterey, San Benito, Santa Cruz, Santa
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`Barbara counties. Previously, Defendant was known as Monterey Bay Community
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`Power but rebranded as Central Coast Community Energy or 3CE starting on
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`September 4, 2020. In addition to providing clean electrical energy services to
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`residential, commercial, and agricultural clients, Defendant is a Community Choice
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`Energy agency and deals in trading energy credits.
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`3
`COMPLAINT
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`

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`Case 2:22-cv-01395-PLA Document 1 Filed 03/01/22 Page 4 of 11 Page ID #:4
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`Plaintiff's Trademark and Defendant's Infringing Use
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`10. Plaintiff has established Common Law Trademark rights in 3C (the "3C
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`Mark") through continuous use of "3C Engineering," the term "Engineering" being
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`disclaimed, as a standard character text as well as in design and stylized form and in
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`connection with its energy related services starting in 2009. Additionally, Plaintiff
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`has taken steps to protect the 3C Mark by applying for U.S. Federal Trademark
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`Registration in "3C Engineering." USPTO Serial No. 90684647. Application was
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`filed on April 30, 2021 and was recently published for opposition on February 8,
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`2022.
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`11. On information and belief, after Defendant's rebrand to Central Coast
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`Community Energy in 2020, Defendant began using the mark 3CE ("Infringing
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`Mark") as a shorthand. Outside publications have referred to Defendant as 3CE.
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`See Ex. A, Article from the San Luis Obispo Tribune. Additionally, Defendant
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`refers to themselves as 3CE throughout their website and have adopted 3C in logos
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`and services such as "3Cprime" and "3Cchoice" as seen below.
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`Plaintiffs 3C Mark
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`Defendant's Infringing Marks
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`ENGINEERING
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`let's talk about your next project.
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`Clean and Renewable Energy.
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`12. On information and belief, Defendant's use of 3C in its name and
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`4
`COMPLAINT
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`

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`Case 2:22-cv-01395-PLA Document 1 Filed 03/01/22 Page 5 of 11 Page ID #:5
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`services have caused actual confusion in the marketplace. Plaintiff has received
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`numerous communications from clients asking if and why it is working with
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`Defendant.
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`13. The confusion caused by Defendant's use of the Infringing Mark has
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`damaged Plaintiff's business reputation. On information and belief, Defendant has
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`largely generated a substantial amount of hostility within the energy management
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`community in San Luis Obispo. As evidenced by exhibit B, Defendant has made a
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`negative impact on the community and caused concern among residents, businesses,
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`and contractors of the county. See Ex. B, Mass Email Regarding Concerns About
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`Defendant. Due to Defendant's use of the Infringing Mark, Plaintiff goodwill within
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`the community has been damaged and diminished from confusion. If Defendant is
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`not enjoined from use of the Infringing Mark, Plaintiff will continue to be damaged
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`through a loss of business opportunities and goodwill.
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`FIRST CAUSE OF ACTION
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`False Designation of Origin (15 U.S.C. § 1125(c)/Lanham Act § 43(a))
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`14. Plaintiffs reallege and incorporate by reference all allegations contained
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`17
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`in this Complaint above as though fully set forth herein.
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`18
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`15. The 3C Mark is distinctive of goods and services originating with
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`Plaintiff as established by Plaintiff's continuous use of the Mark starting in 2009.
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`Defendant's unauthorized use of the Infringing Mark is likely to cause and, on
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`information and belief, has actually caused confusion in the marketplace by creating
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`the false and mistaken impression that Defendant's services are affiliated, connected
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`or associated with Plaintiff, or that they originate with, or are sponsored or approved
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`by Plaintiff.
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`16. Defendant's use of the Infringing Mark has caused and, if not enjoined,
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`will continue to cause, irreparable and continuing harm to Plaintiff in the diminution
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`5
`COMPLAINT
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`

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`Case 2:22-cv-01395-PLA Document 1 Filed 03/01/22 Page 6 of 11 Page ID #:6
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`of their value and goodwill as trademarks, and in their impairment to serve as a
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`trademark, for which Plaintiff has no adequate legal remedy. Accordingly, Plaintiff
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`is entitled to provisional, preliminary, and permanent injunctive relief to compel
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`cessation of all infringing and otherwise harmful conduct.
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`17. As a direct and proximate result of Defendant's wrongful conduct,
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`Plaintiff has been and will continue to be damaged by, without limitation, lost sales
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`and diminution in the value of the 3C Mark and in its reputation and goodwill, in an
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`amount to be proven at trial.
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`18. Defendant's wrongful use of the Infringing Mark is knowing,
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`deliberate, willful, fraudulent, and without extenuating circumstances. Pursuant to
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`15 U.S.C. § 1117, Plaintiff is therefore entitled to recover three times the amount of
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`their actual damages, statutory damages, and attorney's fees and costs incurred in
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`this action, and Defendant's profits from the sale of infringing goods.
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`SECOND CAUSE OF ACTION
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`Statutory Unfair Competition (California Business & Professions Code §
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`19. Plaintiffs reallege and incorporate by reference all allegations contained
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`17200 et seq.)
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`in this Complaint above as though fully set forth herein.
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`20. Defendant's misconduct, as alleged above, constitutes unlawful, unfair,
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`or fraudulent business acts or practices within the meaning of California Business &
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`Professions Code § 17200.
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`21. Defendant's wrongful conduct has caused and, if not enjoined, will
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`continue to cause irreparable and continuing harm to Plaintiff, for which it has no
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`adequate legal remedy.
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`6
`COMPLAINT
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`Case 2:22-cv-01395-PLA Document 1 Filed 03/01/22 Page 7 of 11 Page ID #:7
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`THIRD CAUSE OF ACTION
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`State Common Law Trademark Infringement and Unfair Competition
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`22. Plaintiffs reallege and incorporate by reference all allegations contained
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`in this Complaint above as though fully set forth herein.
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`23. This claim arises under the common law of this state relating to
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`trademark infringement, unfair competition, and "palming off."
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`24. Plaintiff is the owner of all rights, title, and interest in and to the 3C
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`Mark by virtue of its long standing use of the Mark starting in 2009 as set forth in
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`the preceding paragraphs of this complaint.
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`25. The Infringing Mark of Defendant is an unauthorized use of Plaintiff's
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`Common Law Trademarks. Such use constitutes trademark infringement and unfair
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`competition. It is likely to cause and, on information and belief, has actually caused
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`confusion in the marketplace as to the source of the infringing products and services,
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`and to cause the public to believe Defendant's infringing products and services are
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`authentic products of Plaintiff
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`26. Plaintiff is informed and believes, and thereon alleges, that Defendant
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`has intentionally appropriated the Common Law 3C Trademark with the intent of
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`causing confusion, mistake, and deception as to the source of Defendant's services
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`and products and with the intent to palm off their services and products as those of
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`Plaintiffs. As such, Defendant has committed trademark infringement, unfair
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`competition, and palming off under California common law.
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`27. By such actions in infringing the Plaintiff's Common Law Trademark,
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`Defendant is improperly trading upon Plaintiff's reputation and goodwill and are
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`impairing Plaintiff's valuable rights in and to such trademark.
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`28. Plaintiff is informed and believes, and thereon alleges, that the activities
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`of Defendant complained of herein constitutes unfair competition and willful and
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`7
`COMPLAINT
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`Case 2:22-cv-01395-PLA Document 1 Filed 03/01/22 Page 8 of 11 Page ID #:8
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`intentional acts of infringement of the Plaintiffs Common Law Trademark.
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`29. Plaintiff has no adequate remedy at law. The conduct of Defendant has
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`caused, and if not enjoined, will continue to cause, irreparable damage to the rights
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`of Plaintiff in its Common Law Trademark and to Plaintiff's business reputation and
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`goodwill.
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`30. As a result of the aforesaid acts of Defendant, Plaintiff has suffered loss
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`of profits and other damage, and Defendant has earned profits in an amount to be
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`proven at trial.
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`PRAYER FOR RELIEF
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`WHEREFORE Plaintiffs prays for judgment against Defendants as follows:
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`1.
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`That Defendant be held liable for infringement of the 3C mark and
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`unfair competition in violation of the Lanham Act, 15 U.S.C. § 1051 et seq. as
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`alleged herein.
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`2.
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`That Defendant be held in violation of Sections 17200 et seq. of the
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`California Business and Professions Code.
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`3.
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`That Defendants, and their officers, employees, agents, servants,
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`attorneys, and representatives, and all other persons, firms, or corporations in active
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`concert or participation with them, be preliminarily and thereafter permanently
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`enjoined and restrained, pursuant to the Court's inherent equitable powers and
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`pursuant to 15 U.S.C. § 1116 from:
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`(a) promoting, distributing, or selling any goods or services under
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`the 3C mark and/or any other mark that is likely to cause confusion with the 3C
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`mark;
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`(b) using in commerce, or facilitating the use in commerce of, the
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`3C mark, or any colorable imitations thereof, or any mark, trade name, logo or design
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`that falsely represents that, or is likely to confuse, mislead, or deceive purchasers or
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`8
`COMPLAINT
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`

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`Case 2:22-cv-01395-PLA Document 1 Filed 03/01/22 Page 9 of 11 Page ID #:9
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`members of the public that goods manufactured, distributed, advertised, sold and/or
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`offered for sale by Defendants originates from 3C, or that such goods have been
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`sponsored, approved, or licensed by or associated with 3C or are in some way
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`connected or affiliated with 3C;
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`(c) doing or allowing any act or thing with dilutes or is likely to
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`dilute the distinctive quality of the 3C mark, or to otherwise injure 3C's business
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`reputation or goodwill;
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`(d) engaging in any acts of federal, state, or common law trademark
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`infringement, trademark dilution, or unfair competition that would damage or injure
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`3C; and
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`(e) participating or assisting in any of the above activities.
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`4.
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`For a declaration that Plaintiff has superior rights to the 3C mark and
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`that Defendant's future use of the Trademark will constitute infringement and
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`dilution of the 3C mark and unfair competition under federal statutory and common
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`law.
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`5.
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`That Defendant, its agents, servants, employees, officers and all
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`persons and entities in active concert and participation with them be ordered to
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`transfer to Plaintiff the Infringing Domain Names and any other infringing domain
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`names, including by not limited to 3cenergy.org, facebook.com/3CEnergy,
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`instagram.com/3CEnergy, and twitter.com/3CEnergy.
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`That an accounting be ordered of all the profits realized by Defendant,
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`or others acting in concert or participation with them, from Defendant's
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`unauthorized use, infringement, and dilution of the 3C mark.
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`That Defendant be required to account for and pay to Plaintiffs all gains,
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`profits, and advantages derived from their acts of infringement and other unlawful
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`conduct, as alleged herein.
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`9
`COMPLAINT
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`

`

`Case 2:22-cv-01395-PLA Document 1 Filed 03/01/22 Page 10 of 11 Page ID #:10
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`8.
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`That judgment be entered against Defendant for Plaintiffs' actual
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`damages as a result of Defendant's act of infringement and other unlawful conduct
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`alleged herein, and for any additional profits attributable to Defendant's wrongful
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`conduct, according to proof.
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`9.
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`That Defendant's unlawful conduct as alleged herein be deemed a will
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`violation of Plaintiffs' intellectual property rights.
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`10. That Plaintiffs actual damages be trebled pursuant to 15 U.S.C. §
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`1117(a).
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`11. That Plaintiffs recover its reasonable attorneys' fees pursuant to 15
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`U.S.C. § 1117(a) and 15 U.S.C. § 505.
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`12. That Plaintiffs be awarded punitive and exemplary damages pursuant
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`to California common law.
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`13. That Plaintiffs recover the costs of this suit.
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`14. That Plaintiffs be granted pre judgment and post-judgment interest on
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`the damages caused by Defendant.
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`15. That Plaintiffs be granted such other and further relief as the Court
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`deems just and proper.
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`Dated: March 1, 2022
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`Respectfully submitted,
`COHEN IP LAW GROUP, PC
`9025 Wilshire Blvd., Suite 301
`Beverly Hills, CA 90211
`
`By: /s/ Michael N. Cohen
`Michael N. Cohen
`Attorney for Plaintiff
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`10
`COMPLAINT
`
`

`

`Case 2:22-cv-01395-PLA Document 1 Filed 03/01/22 Page 11 of 11 Page ID #:11
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`JURY DEMAND
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`The Plaintiffs asserts their rights under the Seventh Amendment of the
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`United States Constitution and demands a trial by jury on all issues.
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`Dated: March 1, 2022
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`COHEN IP LAW GROUP, PC
`9025 Wilshire Blvd., Suite 301
`Beverly Hills, CA 90211
`
`By: /s/ Michael N Cohen
`Michael N. Cohen
`Attorney for Plaintiff
`
`11
`COMPLAINT
`
`

`

`Case 2:22-cv-01395-PLA Document 1-1 Filed 03/01/22 Pagelof8 Page ID #:12
`Case 2:22-cv-01395-PLA Document 1-1 Filed 03/01/22 Page 1 of 8 Page ID #:12
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`EXHIBIT A
`EXHIBIT A
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`
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`

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`Case 2:22-cv-01395-PLA Document 1-1 Filed 03/01/22 Page 2 of 8 Page ID #:13
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`rola111 THE TRIBUNE
`
`•
`IS
`
`ENVIRONMENT
`
`Last SLO County city joins community energy
`program. `It is important to have choice'
`
`BY SARA KASSABIAN
`
`UPDATED FEBRUARY 09, 2022 2:16 PM
`
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`Monterey Bay Community Power is now provided electricity to San Luis Obispo and Morro Bay from green sources and at lower prices than
`PG&E. BY DAVID MIDDLECAMP
`
`The City Council of Atascadero voted unanimously in favor of joining the Central
`Coast Community Energy program (3CE), a nonprofit organization that pools
`
`X
`
`

`

`Case 2:22-cv-01395-PLA Document 1-1 Filed 03/01/22 Page 3 of 8 Page ID #:14
`
`Atascadero was the last city in San Luis Obispo County to join the program,
`according to a presentation by City Clerk and Deputy City Manager Lara Christensen
`on Tuesday night.
`
`This leaves just the unincorporated parts of San Luis Obispo County out of the
`energy pool.
`
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`MEDERMA
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`Although the Board of Supervisors considered joining 3CE a number of times,
`they've opted against it, meaning the unincorporated communities of the county are
`not enrolled in 3CE or any other community choice energy aggregation program
`(CCA), according to a city staff report.
`
`"I think the fact that we are the only city in five counties that is not participating in a
`CCA is also telling," Atascadero City Council member Charles Bourbeau said during
`the Tuesday council meeting.
`
`$2 for 2 months
`Subscribe for unlimited access to our website, app, eEdition
`and more
`
`Ci
`
`"It either means we're the smartest city in five counties or we're behind the power
`
`

`

`Case 2:22-cv-01395-PLA Document 1-1 Filed 03/01/22 Page 4 of 8 Page ID #:15
`
`Although the Atascadero City Council passed the draft ordinance and resolution to
`join 3CE, it won't officially join until January 2024, Christensen said.
`
`Local
`Choice
`
`Clean
`Energy
`
`Economic
`Vitality
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`tete bay Corn in unity Power'
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`
`Morro Bay mayor John Headding and former San Luis Obispo mayor Heidi Harmon flip a symbolic switch signaling the start of a new
`community choice energy program in 2020. Atascadero was the final SLO County city to join the program. David Middlecamp
`DMIDDLECAMP@THETRIBUNENEWS.COM
`
`ENERGY USERS OF ATASCADERO WANT A CHOICE, COUNCIL SAYS
`
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`Policy and Terms of Service apply.
`
`The most compelling argument for Atascadero City Council members came down to
`providing local customers with a choice.
`
`The regional energy program give electricity users the option of purchasing
`electricity from 3CE, formerly called Monterey Bay Community Energy, or sticking
`
`

`

`Case 2:22-cv-01395-PLA Document 1-1 Filed 03/01/22 Page 5 of 8 Page ID #:16
`
`saying'you must stay with PG&E — you do not get a choice."
`
`Mayor Heather Moreno said she was in favor of joining 3CE but wanted the record
`to show she advances with trepidation.
`
`The mayor said with most of California moving toward adopting energy programs
`such as 3CE, the state is just moving from investor-run utility providers like PG&E
`toward government-run utilities.
`
`"Ultimately, we will be back to having no choice," Moreno warned.
`
`Atascadero Chamber of Commerce President Josh Cross said the chamber was in full
`support of the city joining forces with 3CE.
`
`"We know lower prices aren't guaranteed, but we feel it is important to have choice,"
`Cross said.
`
`3CE energy users have two options for electricity services: 3Cchoice and 3Cprime,
`according to the staff report.
`
`3Cchoice is the default service and comprises 34% eligible renewable energy from
`geothermal, solar, wind, biomass and biowaste sources, according to the report.
`
`3Cprime is a 100% renewable energy service and comprises 50% solar and 50% wind
`generation from California, the report said. It is also more expensive at $0.08 cent
`more per kilowatt hour.
`
`Customers will still be billed by PG&E, but instead of one line item on their bill there
`will be a new line item — "3CE Electric Generation Charges" and "Generation
`Credit," according to the staff report.
`
`Since Atascadero is not joining 3CE until 2024, the nonprofit cannot provide accurate
`cost comparison between their rates and PG&E's rates, because they are expected to
`fluctuate, officials said.
`
`Robert Shaw of 3CE said current projections show 3CE's rates will likely be cheaper
`
`

`

`Case 2:22-cv-01395-PLA Document 1-1 Filed 03/01/22 Page 6 of 8 Page ID #:17
`
`The Central Coast Community Energy Program is one of several California
`
`community choice aggregation energy programs.
`
`Energy users who opt in to 3CE will purchase their electricity from the nonprofit
`instead of PG&E. The nonprofit uses any surplus funds to provide cost savings to the
`customers and invests in clean energy programs that benefit the participating
`communities, according to the staff report.
`
`A community choice energy program such as 3CE becomes a nonprofit agency
`governed by a board that makes decisions about electricity purchasing, programs
`
`and rate-setting, the staff report said.
`
`The nonprofit governing board of 3CE is made up of eight full seats and nine shared
`seats, Christensen said.
`
`Atascadero will share a seat with the city of Paso Robles, she said.
`
`Enrolling in the 3CE program doesn't change the regional utility provider, which for
`the Central Coast is PG&E. The utility company still owns the grid and provides
`billing services for users, according to the staff report.
`
`"We're purchasing that power and PG&E is delivering that energy," Shaw said.
`
`ENVIRONMENTAL, COST-SAVINGS BENEFITS TO 3CE COMMUNITIES AND
`CUSTOMERS
`
`The two key benefits of Atascadero joining a program like 3CE are possible cost
`savings and investing in more clean energy programs.
`
`Sometimes enrolling in a program like 3CE can lead to cost savings for the energy
`customer, but it's not guaranteed. Electricity bills may creep higher than what it
`would have cost to purchase power directly from PG&E, according to the staff report.
`
`So far, 3CE has been able to provide about $17.2 million in cost savings to customers,
`according to the 3CE website.
`
`"We've been able to beat the market, but that will not always be true," Shaw said.
`
`Discussion among the Atascadero City Council members indicated some skepticism
`about the potential cost savings that come with enrolling in 3CE, but they said they
`feel the local energy programs could offer community benefits that may incentivize
`business development in the city.
`
`"You can be 100% green and be cheaper, and we've been able to prove that over
`time," Shaw said.
`
`Since 2018, 3CE allocated $26 million to local energy programs, according to the 3CE
`, ..
`
`x
`
`

`

`Case 2:22-cv-01395-PLA Document 1-1 Filed 03/01/22 Page 7 of 8 Page ID #:18
`
`resources, according to the staff report.
`
`Some of these programs include its Electrify Your Ride program, plus other
`initiatives aimed at school bus electrification, agricultural electrification, workforce
`
`development and more, according to the staff report.
`
`"We want to do those things because member agencies are uniquely positioned to
`
`have an economic and energy impact," Shaw said.
`
`During public comment, many community members called in to share their support
`
`for 3CE's investment in local clean energy programs.
`
`COUNCIL MEMBERS VOICE CONCERNS ABOUT THE OPT-OUT ENROLLMENT
`MODEL
`
`In January 2024, Atascadero energy users will be automatically enrolled in the 3CE
`program, Christensen said.
`
`Potential customers will receive four notifications in the mail about being enrolled
`in 3CE — two before the switch and two after — and be able to opt out without
`
`penalty at those times, Christensen said.
`
`Opting out after 120 days could lead to an administrative fee and potentially higher
`
`rates for PG&E bundled services for up to one year, she said.
`
`City Councilmember Heather Newsom said because Atascadero supports an older
`population and many people on fixed incomes, it's important to communicate the
`opt-out deadlines so nobody is blindsided by rate fluctuations.
`
`Enrollment in the San Luis Obispo County cities of Arroyo Grande, Grover Beach,
`Morro Bay, Paso Robles and Pismo Beach is around 94%, according to the staff
`report.
`
`The nonprofit did extensive outreach in Spanish and English to inform residents in
`other communities about the switch to 3CE, including webinars, commercials and
`visits to local businesses and senior centers, according to 3CE Manager of Energy
`Account Services Lina Williams.
`
`This story was originally published February 9, 2022 12:42 PM.
`
`RELATED STORIES FROM SAN LUIS OBISPO TRIBUNE
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`First court hearing on SLO County
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`here's what to expect
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`This Central Coast city is switching to
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`
`FEBRUARY 08, 2022 3:13 PM
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`MAY 13, 2021 12:47 PM
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`

`

`Case 2:22-cv-01395-PLA Document 1-1 Filed 03/01/22 Page 8 of 8 Page ID #:19
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`Case 2:22-cv