| (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(ii) The number of customers that have withdrawn from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.
(5) Extension of pilot projects. Should the commission
determine that it is necessary to delay competition and extend the
pilot projects, it must make such determination by December 31, 2001,
except as otherwise authorized by PURA §39.405.
(k) Pilot project administration and recovery of associated
costs.
(1) Each utility shall be responsible for administering
the pilot project for its service area. Costs incurred by the utility
to administer the pilot project may include expenses for required
communications, third-party outsourcing for any or all administration
tasks, enrollment process, or lottery administration.
(2) The utility may request recovery from the commission
of pilot project administrative costs through:
(A) inclusion in the annual report filed pursuant to
PURA §39.257; or
(B) deferral to future retail transmission or distribution
rates.
(3) Parties do not waive the right to challenge the
utility's ability to seek cost recovery for costs associated with
the pilot projects at the time that such relief is sought. In addition,
nothing in this section shall be construed as resolving the legal
issue of whether utilities may recover costs associated with the pilot
projects.
(l) Compliance filings.
(1) Timing and review. Each utility shall file a pilot
project implementation plan with the commission under a project number
designated by the commission's central records division. An implementation
plan filed under this section shall be reviewed administratively to
determine whether it is consistent with the principles, instructions
and requirements set forth in this section.
(A) Each utility shall file its implementation plan
within 45 days of the commission's adoption of this section. Such
filings do not constitute contested case proceedings, but are designed
to describe the particular application of this section to the filing
utility for the purpose of providing information to the public and
the commission.
(B) No later than 15 days after filing, interested
parties may file comments on the implementation plan.
(C) No later than 25 days after filing, commission
staff may file a recommendation concerning the implementation plan.
(D) Unless the commission or presiding officer determines
otherwise, an implementation plan filed under this section shall be
deemed approved on the thirtieth day after filing. If the implementation
plan is not approved, the utility shall resubmit its plan following
consultation with commission staff under a deadline established by
the presiding officer.
(2) Content. The compliance filing shall address each
provision of this section with a brief narrative explaining how the
utility intends to implement that provision, including the utility's
pilot project Internet website address and other contact information,
as applicable. Numerical and formulaic data shall also be provided
where applicable. Specifically, the compliance filing shall detail
the calculation of the 5.0% load available for each customer class,
including the 1.0% set-aside, and demonstrate the calculation with
sample data. The final calculations containing actual data shall be
filed with the commission by January 31, 2001.
(3) Additional requirements for non-ERCOT utilities.
(A) A utility subject to PURA Chapter 39, Subchapter
I, shall include in its transition plan filed pursuant to PURA §39.402,
a plan for extending its pilot project beyond January 1, 2002. The
plan for extension of the pilot project shall contain:
(i) The utility's proposed increase(s) in pilot project
participation beyond 5.0%, and proposed timing for such increase(s),
including supporting data and workpapers; and
(ii) A report to the commission on market conditions
in the utility's power region, including an analysis of the level
of competition that the region can support and all relevant data and
workpapers.
(B) A utility subject to PURA Chapter 39, Subchapter
I, shall include in its compliance filing, a plan to ensure proportional
representation in its pilot project between customers receiving service
from the utility in an area that is certificated solely to the utility
and those customers of the utility located in multiply certificated
areas.
(C) A utility in transition to an ITC model shall include
in its compliance filing:
(i) a narrative of how its plan for transition to an
ITC is expected to affect the pilot project, including relevant supporting
data and workpapers; and
(ii) an explanation of any requirements of market participants
that are unique to its service area (e.g., registration with ITC,
data aggregation requirements).
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