Current through Register Vol. 30, No. 38, September 20, 2024
A. At the date
established under
R14-2-1602(A),
each Affected Utility shall make available at least 20% of its 1995 system
retail peak demand for competitive generation supply on a first-come,
first-served basis as further described in this rule. First-come, first-served,
for the purpose of this rule, shall be determined for nonresidential customers
by the date and time of an Electric Service Provider's filing of a Direct
Access Service Request with the Affected Utility or Utility Distribution
Company. The effective date of the Direct Access Service Request must be within
60 days of the filing date of the Direct Access Service Request. Residential
customer selection will be determined under approved residential phase-in
programs as specified in subsection (B)(4).
1. All Affected Utility customers with single
premise noncoincident peak demand load of 1 MW or greater will be eligible for
competitive electric services upon the commencement of competition. Customers
meeting this requirement shall be eligible for competitive services until at
least 20% of the Affected Utility's 1995 system peak demand is served by
competition.
2. Any class of
customer may aggregate into a minimum combined load of 1 MW or greater within
an Affected Utility's service territory and be eligible for competitive
electric services. From the commencement of competition under
R14-2-1602
through December 31, 2000, aggregation of new competitive customers will be
allowed until such time as at least 20% of the Affected Utility's 1995 peak
demand is served by competitors.
3.
Affected Utilities shall notify customers eligible under this subsection of the
terms of the subsection no later than 60 days prior to the start of competition
within its service territory.
4.
Effective January 1, 2001, all Affected Utility customers irrespective of size
will be eligible for Aggregation and Self-Aggregation. Aggregation and
Self-Aggregation customers purchasing their electricity and related services at
any time after the effective date of these rules must do so from a certificated
Electric Provider as provided for in these rules.
B. As part of the minimum 20% of 1995 system
peak demand set forth in subsection (A), each Affected Utility shall reserve a
residential phase-in program that provides an increasing minimum percentage of
residential customers with access to competitive electric services according to
the following schedule:
|
1.
|
January 1, 1999
|
1 1/4%
|
|
April 1, 1999
|
2 1/2%
|
|
July 1, 1999
|
3 3/4%
|
|
October 1, 1999
|
5%
|
|
January 1, 2000
|
6 1/4%
|
|
April 1, 2000
|
7 1/2%
|
|
July 1, 2000
|
8 3/4%
|
|
October 1, 2000
|
10%
|
2. Access to
the residential phase-in program will be on a first-come, first-served basis.
The Affected Utility shall create and maintain a waiting list to manage the
residential phase-in program, which list shall promptly be made available to
any certificated Load-Serving Electric Service Provider upon request.
3. Residential customers participating in the
residential phase-in program shall be permitted to use load profiling to
satisfy the requirements for hourly consumption data; however, they may choose
other metering options offered by their Electric Service Provider consistent
with the Commission's rules on metering.
4. If not already done, each Affected Utility
shall file a residential phase-in program proposal to the Commission, through
Docket Control, for approval by Director, Utilities Division, by September 15,
1999. Interested parties will have until September 30, 1999, to comment on any
proposal. At a minimum, the residential phase-in program proposal will include
specifics concerning the Affected Utility's proposed:
a. Process for customer notification of
residential phase-in program;
b.
Selection and tracking mechanism for customers based on first-come,
first-served method;
c. Customer
notification process and other education and information services to be
offered;
d. Load Profiling
methodology and actual load profiles, if available; and
e. Method for calculation of reserved
load.
5. After the
commencement of competition under
R14-2-1602,
each Affected Utility shall file quarterly residential phase-in program reports
with the Compliance Section, Utilities Division, within 45 days of the end of
each quarter. The first such report shall be due within 45 days of the first
quarter ending after the start of the phase-in of competition for that Affected
Utility. The final report due under this rule shall be due within 45 days of
the quarter ending December 31, 2002. As a minimum, these quarterly reports
shall include:
a. The number of customers and
the load currently enrolled in residential phase-in program by Energy Service
Provider,
b. The number of
customers currently on the waiting list,
c. A description and examples of all customer
education programs and other information services including the goals of the
education program and a discussion of the effectiveness of the programs,
and
d. An overview of comments and
survey results from participating residential customers.
6. Aggregation or Self-Aggregation of
residential customers is allowed subject to the limitations of the phase-in
percentages in this rule.
C. Each Affected Utility shall file a report
by November 1, 1999, detailing possible mechanisms to provide benefits,
including rate reductions of 3% - 5%, to all Standard Offer
customers.
D. All customers shall
be eligible to obtain competitive electric services no later than January 1,
2001.
E. Retail consumers served
under existing contracts are eligible to participate in the competitive market
prior to expiration of the existing contract only if the Affected Utility and
the consumer agree that the retail consumer may participate in the competitive
market.
F. Schedule Modifications
for Cooperatives
1. An electric cooperative
may request that the Commission modify the schedule described in subsections
(A) through (E) so as to preserve the tax-exempt status of the cooperative or
to allow time to modify contractual arrangements pertaining to delivery of
power supplies and associated loans.
2. As part of the request, the cooperative
shall propose methods to enhance consumer choice among generation
resources.
3. The Commission shall
consider whether the benefits of modifying the schedule exceed the costs of
modifying the schedule.
The Arizona
Corporation Commission has determined that the following Section is exempt from
the Attorney General approval provisions of the Arizona Administrative
Procedure Act (A.R.S. § 41-1041) by a court order (State ex. rel. Corbin
v. Arizona Corporation Commission, 174 Ariz. 216 848 P.2d 301 (App.
1992)).
