| Relief), such interim rates shall not be subject to surcharge or refund
if the rates ultimately established differ from the interim rates.
(2) Utilities outside of ERCOT.
(A) Jurisdiction of other regulatory bodies. Processes
utilized by non-ERCOT participants shall support the settlement of
traditional wholesale markets and shall conform to all Federal Energy
Regulatory Commission (FERC) rules and regulations.
(B) Transmission service. In connection with a utility's
pilot project, the utility shall provide transmission service in accordance
with the rates and delivery charges approved by the FERC. A utility
in transition to an independent transmission company (ITC) model shall
maintain on file with the commission a copy of its current FERC-approved
open access transmission tariff (OATT), as well as any proposed amendments
to the OATT submitted to FERC.
(C) Distribution service. In connection with a utility's
pilot project, the utility shall provide 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, such interim rates shall not be subject to surcharge
or refund if the rates ultimately established differ from the interim
rates.
(3) Approval of tariffs. Tariffs implementing pilot
project rates must be filed within ten days following the commission's
determination of those rates. The commission shall approve such tariffs
by May 31, 2001, and may do so administratively.
(i) Billing requirements.
(1) A utility shall bill a customer's REP for non-bypassable
delivery charges in accordance with the tariffs established pursuant
to subsection (h) of this section. The REP must pay these charges.
(2) A REP shall be responsible for ensuring that its
retail customers are billed for electric service provided. A utility
may bill retail customers at the request of a REP, provided that any
such billing service shall be offered by the utility on comparable
terms and conditions for any requesting REP.
(j) Evaluation of the pilot projects by the commission;
reporting. The commission shall evaluate the pilot projects and the
operational readiness of each power region, including its support
systems, for customer choice.
(1) Evaluation criteria.
(A) Criteria for determining the readiness of a power
region for customer choice may include the following:
(i) whether a power region's operational support systems
were tested, and any problems that surfaced during the pilot project
were adequately rectified;
(ii) whether electric system reliability was significantly
affected in an adverse way; and
(iii) any other criteria the commission determines
appropriate.
(B) Criteria for determining whether commission rules
may need modifications or whether certain aspects of retail competition
may require more detailed monitoring by the commission may include
the following:
(i) whether participants in the pilot projects represented
a broad base of customers of diverse demographic characteristics;
(ii) whether customers were aware of their rights and
responsibilities with respect to customer choice, and whether such
awareness increased for customers as a whole over the duration of
the pilot projects;
(iii) whether a broad range of electric services and
products were offered;
(iv) whether the quality of customer service with respect
to retail customers was affected; and
(v) any other criteria the commission determines appropriate.
(2) Information used for evaluation of pilot projects.
Evaluation of the pilot projects shall be based on information including,
but not limited to:
(A) reports filed in accordance with paragraph (3)
of this subsection;
(B) surveys of retail customers conducted in connection
with the commission's customer education program; and
(C) the quantity and nature of complaints or inquiries
regarding the pilot project received by the commission's Office of
Customer Protection.
(3) Reporting by market participants and independent
organizations. Each market participant and independent organization
shall file two status reports with the commission under a single project
number as designated by the commission's central records division.
The first status report shall be filed on November 15, 2001, and the
second no later than 30 days following the conclusion of the pilot
project. In addition, a utility subject to PURA Chapter 39, Subchapter
I, shall file semi-annual reports with the commission for the duration
of its pilot project to permit the commission to monitor whether proportional
representation is achieved in accordance with subsection (l)(3)(B)
of this section.
(A) Reporting by utilities. Each status report from
a utility shall include:
(i) The percent of load switched by month and cumulatively,
for each customer class as defined in this section, including supporting
data;
(ii) The number of customers that have withdrawn from
the pilot project, by customer class;
(iii) A summary of any technical problems encountered
during the reporting period, including resolutions or proposed resolutions,
as appropriate, and supporting data;
(iv) A summary of all complaints related to the pilot
project received by the utility during the reporting period, including
a description of the resolution of the complaints;
(v) For a utility in transition to an ITC model, a
progress report on the transition to the ITC, including any updates
to the initial compliance filing; and
(vi) Any other information the utility believes will
assist the commission in evaluating the pilot projects and the readiness
of a power region for implementation of full customer choice.
(B) Reporting by REPs. Each status report from a REP
shall include:
(i) A summary of any technical problems encountered
during the reporting period, including resolutions or proposed resolutions,
as appropriate, and supporting data;
(ii) A summary of all complaints related to the pilot
project received by the REP during the reporting period, including
a description of the resolution of the complaints; and
(iii) Any other information the REP believes will assist
the commission in evaluating the pilot projects and the readiness
of a power region for implementation of full customer choice.
(C) Reporting by an independent organization. Each
status report from an independent organization shall include:
(i) Data from the registration agent regarding the
average time elapsed between a switch request and the time the switch
became effective;
(ii) Data from the registration agent, categorized
by residential and non-residential customers, listing the total number
of switch requests for each month, as well as the average number of
switch requests per day for each month, and the total number of switch
requests by zip code;
(iii) Data from the registration agent regarding the
number of rejected switch requests resulting from the anti-slamming
verification process;
(iv) A summary of all complaints, categorized by REP
and by utility, related to the pilot project captured in the registration
agent's systems during the reporting period, including a description
of the resolution of the complaints;
(v) A summary from the registration agent and the independent
organization, as applicable, of any technical problems encountered
during the reporting period, including resolutions or proposed resolutions,
as appropriate, and supporting data; and
(vi) An analysis by the independent transmission organization
of system reliability during the pilot projects.
(D) Other reporting. At any time, a pilot project participant
who is neither a utility nor a REP may provide the commission with
any information the participant believes will assist the commission
in evaluating the pilot projects and the readiness of a power region
for implementation of full customer choice.
(4) Pilot implementation working group. The commission
will establish a pilot implementation working group to oversee the
pilot projects. The commission or its designee, based upon a recommendation
of the pilot implementation working group, may revise the operational
requirements of the pilot projects in order to resolve technical problems
encountered by market participants.
Cont'd... |
