| (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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