(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.
(h) Transmission and distribution rates and tariffs.
(1) Utilities within ERCOT. In connection with a utility's
pilot project, the utility shall provide transmission service and
distribution service in accordance with the rates for non-bypassable
delivery charges approved by the commission, on an interim basis for
application during the utility's pilot project, in the utility's unbundled
cost of service case filed pursuant to PURA §39.201. Notwithstanding
the provisions of §22.125 of this title (relating to Interim
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