In order to avoid confusion between programs based on the Pay As You Save^® system and on-bill programs that may appear similar but are different, EEI applied for and secured trademarks for Pay As You Save^® and the acronym PAYS^® from the US Patent and Trademark Office. EEI also offers the following details of what constitutes a program based on this system:

A. A program based on PAYS^® has these essential elements:

1. A tariffed charge assigned to a meter location, not to an individual customer;

2. Billing and payment on the utility bill with disconnection for non-payment; and

3. Independent certification that products are appropriate and savings estimates exceed payments in both the near and long terms.

B. The offer to the customer will not be burdened with customer risk, which undermines the offer’s attractiveness, results in fewer projects being completed, and reduces the program’s effectiveness in achieving its goals.

C. The utility(ies) doing billing and collection of PAYS^® charges agrees to pay the capital provider(s) each month the amount billed to PAYS^® customers, regardless of the utilities’ collections, and to treat any bad debt for PAYS^® measures the same way that it treats all other bad debt.

D. PAYS^® offers will not be forced to compete with other rebate options. Any utility offering rebates and implementing a program using the PAYS^® system will offer the same rebates to all participants. Rebates available to all customers should be limited to the amount required to qualify a measure for the PAYS^® tariff.