(g) Customer
choice during pilot projects. The following procedures shall be used for
customers to participate in the pilot projects within the designated time
periods for each applicable customer class.
(1) Administration. For all customer classes,
a REP shall submit requests to switch customers participating in the pilot
projects to the registration agent beginning on May 31, 2001, and power
delivery in conjunction with the pilot projects may begin on June 1, 2001. For
purposes of this section, any electronic submission to the utility shall be
executed using a standard electronic data interface (EDI) protocol (814) to be
included in the utility's compliance filing.
(A) Except where explicitly stated otherwise
in this section, a REP shall electronically submit switch requests to the
utility for counting and validation purposes prior to submitting such requests
to the registration agent. The utility shall maintain a weekly updated list of
non-matching, rejected ESIs on its pilot project Internet website.
(B) Except for the industrial demand-metered
class, there shall be no out-of-cycle meter reading requests submitted for
purposes of the pilot project before July 1, 2001.
(C) Members of the non-residential customer
classes may elect to waive the verification and recision process of the
registration agent.
(D) A
participating customer shall have the right to change from one REP to another
REP in accordance with the switching procedures adopted by the
commission.
(E) Beginning April 16,
2001, a REP shall electronically report to the utility any switch request for a
customer or an aggregation packet with a listing of the ESIs to be switched to
the REP as set forth in this paragraph. After the utility confirms that a
non-residential ESI or aggregation packet is on the associated participant
list, the utility shall submit the ESI to the registration agent. The
registration agent shall keep a record of all the ESIs identified by the
utility for participation in the pilot. The REP shall be responsible for
submitting to the registration agent the ESIs associated with the switch
request to serve. If the ESI identified by the REP matches an ESI identified by
the utility, then the registration agent shall allow the registration process
to continue.
(F) Because the
utility is assigned the responsibility to administer the pilot project, except
for complaints arising under §
25.272 of this title, which may be
made in accordance with procedures established under that section, a claim by
any party of unreasonableness associated with the administration of the pilot
project will first be addressed by the pilot implementation working group
established by subsection (j)(4) of this section. If the complaint is not
resolved within ten working days of initial notification to the pilot
implementation working group, the complaint may be filed with the
commission.
(2)
Residential customer class.
(A) Determination
of the 5.0% load available for customer choice. For residential customers, the
load available for customer choice shall be determined by calculating 5.0% of
the number of ESIs in this customer class as of December 31, 2000. No later
than January 31, 2001, the utility shall determine the amount of load available
for this customer class and shall make that information publicly available
through its pilot project Internet website. For this customer class, 20% of the
5.0% load available for customer choice shall be initially set aside for each
customer class (hereafter referred to as the 1.0% set-aside) for aggregated
loads.
(B) Initiating switching.
Beginning February 15, 2001, a REP may accept authorizations to switch
providers from residential customers. A REP shall notify the utility of such
authorizations for residential customers.
(C) Reaching the 5.0% load limit. For
purposes of this subparagraph the total number of ESIs eligible to switch
determined in subparagraph (A) of this paragraph, less the number of ESIs that
have already authorized a switch, shall be referred to as the amount of
available load.
(i) As each customer in this
class authorizes a switch to another provider, the amount of available load
shall be decremented by one.
(ii)
When the amount of available load reaches zero, no more switch authorizations
shall be accepted.
(3) Non-residential customer classes.
(A) Determination of the 5.0% load available
for customer choice. No later than January 31, 2001, the utility shall make the
results of the following calculations for each non-residential customer class
publicly available through its pilot project Internet website. For each
non-residential customer class, 20% of the 5.0% load available for customer
choice shall be initially set aside for each customer class (hereafter referred
to as the 1.0% set-aside) for aggregated loads.
(i) Non-residential, non-demand metered
customers. For non-residential, non-demand metered customers, the load
available for customer choice shall be determined by calculating 5.0% of the
number of ESIs in that customer class as of December 31, 2000.
(ii) Industrial demand-metered customers;
commercial and all other demand-metered customers. For each of the demand
metered customer classes, the load available for customer choice shall be
determined by calculating 5.0% of the sum of the kilowatts invoiced by the
utility to all ESIs in each customer class for meter reading dates during the
utility's peak demand month in the year 2000. In addition, the utility shall
determine the individual ESI load caps for each demand metered customer class
by calculating 20% of the load available for the pilot project in each
demand-metered customer class.
(iii) Other customers as defined in
subsection (d)(2)(E) of this section. For all other customers, the load
available for customer choice shall be determined by calculating 5.0% of the
sum of the kilowatt-hours for which all ESIs in this customer class were
invoiced by the utility during the twelve month period ending December 31,
2000. In addition, the utility shall determine the individual ESI load caps for
this customer class by calculating 20% of the kilowatt-hours available for the
pilot project in this customer class.
(B) Amount of available load. For purposes of
this paragraph, the total load available for customer choice determined in
subparagraph (A) of this paragraph, less the amount of the customer's ESI load
used for calculation in subparagraph (A) of this paragraph, shall be referred
to as the amount of available load for each non-residential customer class. For
an ESI that was not included in the calculation in subparagraph (A) of this
paragraph, hereinafter called a new ESI, the customer's ESI load shall be
determined as follows:
(i) For the
non-residential, non-demand metered class, a new ESI shall count as one ESI
against the total number of ESIs.
(ii) For the demand-metered classes, the
demand allocated to a new ESI shall be 95% of the utility-estimated demand for
the new ESI.
(iii) For the other
class as defined in subsection (d)(2)(E) of this section, the energy allocated
to a new ESI shall be 95% of the utility-estimated annual kilowatt-hours for
the new ESI.
(C) Open
interest period. Beginning February 15, 2001, and continuing through March 15,
2001, interested customers may request the opportunity to participate in a
utility's pilot project by submitting to the utility through its pilot project
Internet website the account number and zip code information necessary to
determine the customer's ESI. An eligible ESI is one that does not exceed the
individual ESI load cap established in subparagraph (A) of this paragraph. By
March 21, 2001, the utility shall determine if the non-residential customer
classes are either oversubscribed or undersubscribed, including the amount of
load oversubscribed or undersubscribed, and shall make such information
publicly available through its pilot project Internet website.
(i) Participant list. The utility shall
create a list of customers eligible to participate in the pilot project,
referred to as the participant list. The participant list shall include each
ESI and related service address, the name in which the customer is billed, and
customer class as defined in this section. No later than March 21, 2001, the
utility shall make available its integrated voice response (IVR) system or its
pilot project Internet website to allow a customer having an ESI in the lottery
to determine whether its ESI has been selected for the participant list. The
participant list for each customer class shall be provided to the commission no
later than March 21, 2001.
(ii)
Oversubscription. On March 21, 2001, if a non-residential customer class is
oversubscribed, the utility shall use a lottery to develop the participant
list. As each ESI is selected through the lottery, the ESI's load used for the
calculation in subparagraph (A) of this paragraph shall be subtracted from the
total amount of load available for customer choice as determined in
subparagraph (A) of this paragraph. The ESI that causes the 4.0% load limit
(i.e., the 5.0% load limit less the 1.0% set-aside) to be reached shall be the
final ESI selected through the lottery; the 4.0% limit may be exceeded only for
the purpose of accommodating the entire load associated with the final ESI
selected, except that such excess shall not cause the amount of load available
for customer choice to be greater than 4.1%. Once the 4.0% load limit is
reached, the selected ESIs shall be included on the participant list.
(iii) Undersubscription. If a non-residential
customer class is undersubscribed, all eligible ESIs submitted shall be
included on the participant list. Beginning March 21, 2001, any unsubscribed
load will be available for subscription by customers in that customer class on
a first come, first served basis.
(D) Negotiation period. Between March 21,
2001 and May 10, 2001, customers on the participant list may negotiate and
contract with REPs. A REP shall notify the utility of execution of a contract.
If a customer has not entered into a confirmed REP contract for a specific ESI
by May 10, 2001, that ESI shall be removed from the participant list, and the
load associated with that ESI shall be added to the amount of available load.
On May 11, 2001, the utility shall post, on its pilot project Internet website,
a list of submitted ESIs that do not match a customer on the participant list.
REPs shall have until May 14, 2001 to correct any ESI listed by the utility on
May 11, 2001. On May 17, 2001, the utility shall determine the amount of
available load for each non-residential customer class and shall make such
determination publicly available through its pilot project Internet
website.
(E) Monitoring and
adjusting the amount of available load. Following the negotiation period,
participation shall be allowed on a first come, first served basis.
(i) As each non-residential customer in a
class executes a contract, the amount of available load for that class shall be
decremented by the amount of the customer's ESI load used for the calculation
in subparagraph (A) of this paragraph.
(ii) The ESI that causes the amount of
available load to reach zero shall be the final ESI selected; the amount of
available load may drop below zero only for the purpose of accommodating the
entire load associated with the final ESI selected, subject to the limitations
described in subparagraph (C)(ii) of this paragraph.
(4) Aggregated load set-aside.
Customers participating in customer choice may use aggregation to the extent
they choose, and may participate by self aggregation or multiple customer
aggregation. For purposes of pilot project administration, aggregators must
submit to the utility their groupings of utility account numbers and associated
zip codes, or ESIs if available, for participation in the pilot project subject
to the 1.0% set-aside. Such groupings (hereafter referred to as aggregation
packets) shall be submitted by customer class as defined in subsection (d) of
this section with a listing of utility account numbers and associated zip
codes.
(A) Set-aside cap. No single
aggregation packet may contain an ESI or ESIs that represent more than 20% of
the 1.0% set-aside for that customer class, with the exception of the
residential class.
(B) Registration
dates. Aggregators may register non-residential customer class aggregation
packets, subject to the limitation in subparagraph (A) of this paragraph, with
the utility beginning February 15, 2001. Aggregators may register residential
aggregation packets beginning March 1, 2001.
(C) Undersubscription for all non-residential
customer classes. If an aggregation packet contains non-residential ESIs from a
class that is undersubscribed as of April 2, 2001, then that aggregation packet
shall have a reserved allotment of the 1.0% set-aside until May 21, 2001. If by
May 31, 2001, the 1.0% set-aside for aggregation in any non-residential class
is undersubscribed, then the utility shall determine the unused class capacity
and add it to the amount of available load for that class. No later than June
10, 2001, the utility shall make the updated amount of available load publicly
available through the utility's pilot project Internet website.
(D) Aggregation selection process for
customer classes. The eligibility for the 1.0% set-aside for each customer
class shall be determined as follows:
(i)
Residential customer class. Beginning on March 1, 2001, an aggregator may
accept authorizations from residential customers to switch providers as a part
of an aggregation packet. Aggregators shall submit aggregated utility account
numbers and associated service address zip codes to the utility for tracking
the 1.0% set-aside on a first come, first served basis. Aggregation packets
shall be accepted until either the 1.0% set-aside is reached or June 15, 2001,
whichever comes first. If the 1.0% set-aside is not fully subscribed by June
15, 2001, the utility shall determine the unused class capacity and add that
unused capacity to the total amount of available load for the residential
class.
(ii) Non-residential
customer classes. The initial set-aside for each of the non-residential
customer classes shall be 1.0% of the eligible load by customer class. To be
eligible for the aggregation participant list, an aggregator must provide
utility account number and service address zip code information, or ESIs if
available, to the utility by April 2, 2001.
(I) Oversubscription for the non-residential,
non-demand metered customer class. If the total number of ESIs in aggregation
packets submitted for the pilot for a non-residential, non-demand class as of
April 2, 2001 exceeds the 1.0% set-aside, then the utility shall use a lottery
to determine the aggregation participant list for this class. Aggregation
packets eligible for the aggregation participant list shall be selected by the
utility by April 5, 2001. As each aggregation packet is selected through the
lottery, the ESI count shall be subtracted from the total number of ESI
available for the 1.0% set-aside. Aggregation packets shall be selected until
none of the 1.0% set-aside is left. If the last aggregation packet selected
causes the 1.0% set-aside to be exceeded, the selection of the final
aggregation packet for this class shall be done in accordance with subparagraph
(E) of this paragraph. By April 6, 2001, the utility shall determine whether an
aggregation packet has been selected, and shall make such information publicly
available through its pilot project Internet website.
(II) Oversubscription for the industrial
demand-metered and commercial and all other demand-metered classes. If the
total combined load of all aggregation packets submitted for each of the
industrial demand-metered and commercial and all other demand-metered classes
exceeds the 1.0% set-aside as of April 2, 2001, then the utility shall use a
lottery to determine the aggregation participant list for each customer class.
Aggregation packets eligible for the aggregation participant list shall be
selected by the utility by April 5, 2001. As an aggregation packet is selected
through the lottery, the demand for that ESI used to determine the available
capacity for that customer class shall be subtracted from the total demand
amount available for the 1.0% set-aside. Aggregation packets shall be selected
until none of the 1.0% set-aside is left. If the last aggregation packet
selected causes the 1.0% set-aside to be exceeded, the selection of the final
aggregation packet for the class shall be done in accordance with subparagraph
(E) of this paragraph. No later than April 6, 2001, the utility shall make the
list of ESIs eligible for the pilot project publicly available through its
pilot project Internet website.
(III) Oversubscription for the other customer
class as defined in subsection (d)(2)(e) of this section. If the total combined
load of all aggregation packets submitted for the other class exceeds the 1.0%
set-aside as of April 2, 2001, then the utility shall use a lottery to
determine the aggregation participant list for this class. Aggregation packets
eligible for the aggregation participant list shall be selected by the utility
by April 5, 2001. As each aggregation packet is selected through the lottery,
the energy in kilowatt-hours for that ESI used to determine the size of the
customer class shall be subtracted from the total amount of energy available
for the 1.0% set-aside. Aggregation packets shall be selected until none of the
1.0% set-aside is left. If the last aggregation packet selected causes the 1.0%
set-aside to be exceeded, the selection of the final aggregation packet for the
class shall be done in accordance with subparagraph (E) of this paragraph. No
later than April 6, 2001, the utility shall make the list of ESIs eligible for
the pilot project for the class publicly available through its pilot project
Internet website.
(E) Non-residential customer classes
oversubscription lottery selection of last aggregation packet. If the final
aggregation packet chosen in a customer class lottery causes the 1.0% set-aside
for that customer class to be exceeded by more than 10%, that is, if that
aggregation packet increases the size of the customer class to greater than
1.1%, that aggregation packet shall be rejected and another aggregation packet
shall be chosen if available. If no other aggregation packet is available to
fill each non-residential customer class without exceeding the 10% overage
limit, that remaining increment of capacity set-aside will not be subscribed,
but will be added to the amount of available capacity for aggregation for that
non-residential customer class and will be available on a first come, first
served basis. An aggregation packet that does not exceed the 10% overage limit
will be allowed. When the results of the oversubscription lottery are posted by
the utility, the utility shall also make publicly available the information
concerning this available capacity through its pilot project Internet
website.
(F) Contract notification
due date for non-residential customer classes. By May 21, 2001, a REP must
submit verification of executed supply contracts with ESIs and associated zip
code to the utility. Any ESI that has not been validated by a REP by this date
will relinquish its reserved allotment on the aggregation participant list. The
relinquished allotment will then be available for aggregation in that customer
class on a first come, first served basis.
(G) Notification of executed contract for
non-residential customer classes. The REP shall document the existence of an
executed contract for service by electronically submitting a list of ESIs
representing executed contracts to the utility. The utility may rely on receipt
of this list as proof of the existence of an executed contract. The REP shall
file a signed affidavit with the commission attesting to the accuracy of the
ESIs on the list.
(H) Electronic
submissions by aggregators. All submittals required by this section by
aggregators to a utility shall be made in electronic format using a Microsoft
Excel spreadsheet using a spreadsheet template posted on the utility's pilot
project Internet website. A utility will post its templates by January 31,
2001.
(I) New ESIs. For an ESI that
was not included in the calculation in paragraph (3)(A) of this subsection,
hereinafter called a new ESI, the customer's ESI load shall be determined as
follows:
(i) For the non-residential
non-demand metered classes, a new ESI shall count as one ESI against the total
number of ESIs.
(ii) For the
demand-metered classes, the demand allocated to a new ESI shall be 95% of the
utility-estimated demand for the new ESI.
(iii) For the other class as defined in
subsection (d)(2)(E) of this section, the energy allocated to a new ESI shall
be 95% of the utility-estimated annual kilowatt-hours for the new
ESI.