| (ii) LSP customer charge must be $2,897.00 per month.
(iii) LSP demand charge must be $6.00 per kW, per month.
(iv) LSP energy charge must be the appropriate RTSPP,
determined on the basis of 15-minute intervals, for the customer multiplied
by 125%, multiplied by the level of kilowatt-hours used. The energy
charge must have a floor of $7.25 per MWh.
(3) If in response to a complaint or upon its own investigation,
the commission determines that an LSP failed to charge the appropriate
rate prescribed by paragraph (2) of this subsection, and as a result
overcharged its customers, the LSP must issue refunds to the specific
customers who were overcharged.
(4) On a showing of good cause by an affected person,
the commission may direct an LSP to adjust the rate prescribed by
paragraph (2) of this subsection, if necessary to ensure that the
rate is consistent with prevailing market conditions. Notwithstanding
any other commission rule to the contrary, such rates may be adjusted
on an interim basis for good cause shown and after at least 10 business
days' notice and an opportunity for hearing on the request for interim
relief. Any adjusted rate must be applicable to all LSPs charging
the rate prescribed by paragraph (2) of this subsection to the specific
customer class, within the POLR area that is subject to the adjustment.
(5) For transitioned customers, the customer and demand
charges associated with the rate prescribed by paragraph (3) of this
subsection must be pro-rated for partial month usage if a large non-residential
customer switches from the LSP to a REP of choice.
(n) Challenges to customer assignments. A POLR provider
is not obligated to serve a customer within a customer class or a
POLR area for which the REP is not designated as a POLR provider,
after a successful challenge of the customer assignment. A POLR provider
must use the ERCOT market variance resolution tool to challenge a
customer class assignment with the TDU. The TDU must make the final
determination based upon historical usage data and not premise type.
If the customer class assignment is changed and a different POLR provider
for the customer is determined appropriate, the customer must then
be served by the appropriate POLR provider. Back dated transactions
may be used to correct the POLR assignment.
(o) Limitation on liability. A POLR provider must make
reasonable provisions to provide service under this section to any
ESI IDs currently receiving the service and to ESI IDs obtained in
a future mass transition or served upon customer request; however,
liabilities not excused by reason of force majeure or otherwise must
be limited to direct, actual damages.
(1) Neither the customer nor the POLR provider must
be liable to the other for consequential, incidental, punitive, exemplary,
or indirect damages. These limitations apply without regard to the
cause of any liability or damage.
(2) In no event will ERCOT or a POLR provider be liable
for damages to any REP, whether under tort, contract or any other
theory of legal liability, for transitioning or attempting to transition
a customer from such REP to the POLR provider to carry out this section,
or for marketing, offering or providing competitive retail electric
service to a customer taking service under this section from the POLR
provider.
(p) REP obligations in a transition of customers to
POLR service.
(1) A customer may initiate service with an LSP by
requesting such service at the rate prescribed by subsection (m)(2)
of this section with any LSP that is designated to serve the requesting
customer's customer class within the requesting customer's service
area. An LSP cannot refuse a customer's request to make arrangements
for POLR service, except as otherwise permitted under this title.
(2) The POLR provider is responsible for obtaining
resources and services needed to serve a customer once it has been
notified that it is serving that customer. The customer is responsible
for charges for service under this section at the rate in effect at
that time.
(3) If a REP terminates service to a customer, or transitions
a customer to a POLR provider, the REP is financially responsible
for the resources and services used to serve the customer until it
notifies the independent organization of the termination or transition
of the service and the transfer to the POLR provider is complete.
(4) The POLR provider is financially responsible for
all costs of providing electricity to customers from the time the
transfer or initiation of service is complete until such time as the
customer ceases taking service under this section.
(5) A defaulting REP whose customers are subject to
a mass transition event must return the customers' deposits within
seven calendar days of the initiation of the transition.
(6) ERCOT must create a single standard file format
and a standard set of customer billing contact data elements that,
in the event of a mass transition, must be used by the exiting REP
and the POLRs to send and receive customer billing contact information.
The process, as developed by ERCOT must be tested on a periodic basis.
Each REP must submit timely, accurate, and complete files, as required
by ERCOT in a mass transition event, as well as for periodic testing.
The commission will establish a procedure for the verification of
customer information submitted by REPs to ERCOT. ERCOT must notify
the commission if any REP fails to comply with the reporting requirements
in this subsection.
(7) When customers are to be transitioned or assigned
to a POLR provider, the POLR provider may request usage and demand
data, and customer contact information including email, telephone
number, and address from the appropriate TDU and from ERCOT, once
the transition to the POLR provider has been initiated. Customer proprietary
information provided to a POLR provider in accordance with this section
must be treated as confidential and must only be used for mass transition
related purposes.
(8) Information from the TDU and ERCOT to the POLR
providers must be provided in Texas SET format when Texas SET transactions
are available. However, the TDU or ERCOT may supplement the information
to the POLR providers in other formats to expedite the transition.
The transfer of information in accordance with this section must not
constitute a violation of the customer protection rules that address
confidentiality.
(9) A POLR provider may require a deposit from a customer
that has been transitioned to the POLR provider to continue to serve
the customer. Despite the lack of a deposit, the POLR provider is
obligated to serve the customer transitioned or assigned to it, beginning
on the service initiation date of the transition or assignment, and
continuing until such time as any disconnection request is effectuated
by the TDU. A POLR provider may make the request for deposit before
it begins serving the customer, but the POLR provider must begin providing
service to the customer even if the service initiation date is before
it receives the deposit - if any deposit is required. A POLR provider
must not disconnect the customer until the appropriate time period
to submit the deposit has elapsed. For the large non-residential customer
class, a POLR provider may require a deposit to be provided in three
calendar days. For the residential customer class, the POLR provider
may require a deposit to be provided after 15 calendar days of service
if the customer received 10 days' notice that a deposit was required.
For all other customer classes, the POLR provider may require a deposit
to be provided in 10 calendar days. The POLR provider may waive the
deposit requirement at the customer's request if deposits are waived
in a non-discriminatory fashion. If the POLR provider obtains sufficient
data, it must determine whether a residential customer has satisfactory
credit based on the criteria the POLR provider routinely applies to
its other residential customers. If the customer has satisfactory
credit, the POLR provider must not request a deposit from the residential
customer.
(A) At the time of a mass transition, the executive
director or staff designated by the executive director will distribute
available proceeds from an irrevocable stand-by letter of credit in
accordance with the priorities established in §25.107(f)(6) of
this title. For a REP that has obtained a current list from the Low
Income List Administrator (LILA) that identifies low-income customers,
these funds must first be used to provide deposit payment assistance
for that REP's transitioned low-income customers. The Executive Director
or staff designee will, at the time of a transition event, determine
the reasonable deposit amount up to $400 per customer ESI ID, unless
good cause exists to increase the level of the reasonable deposit
amount above $400. Such reasonable deposit amount may take into account
factors such as typical residential usage and current retail residential
prices, and, if fully funded, must satisfy in full the customers'
initial deposit obligation to the VREP or LSP.
Cont'd... |
