(A) Determination of the 5.0% load available for customer
choice. For residential customers, the load available for customer
choice shall be determined by calculating 5.0% of the number of ESIs
in this customer class as of December 31, 2000. No later than January
31, 2001, the utility shall determine the amount of load available
for this customer class and shall make that information publicly available
through its pilot project Internet website. For this customer class,
20% of the 5.0% load available for customer choice shall be initially
set aside for each customer class (hereafter referred to as the 1.0%
set-aside) for aggregated loads.
(B) Initiating switching. Beginning February 15, 2001,
a REP may accept authorizations to switch providers from residential
customers. A REP shall notify the utility of such authorizations for
residential customers.
(C) Reaching the 5.0% load limit. For purposes of this
subparagraph the total number of ESIs eligible to switch determined
in subparagraph (A) of this paragraph, less the number of ESIs that
have already authorized a switch, shall be referred to as the amount
of available load.
(i) As each customer in this class authorizes a switch
to another provider, the amount of available load shall be decremented
by one.
(ii) When the amount of available load reaches zero,
no more switch authorizations shall be accepted.
(3) Non-residential customer classes.
(A) Determination of the 5.0% load available for customer
choice. No later than January 31, 2001, the utility shall make the
results of the following calculations for each non-residential customer
class publicly available through its pilot project Internet website.
For each non-residential customer class, 20% of the 5.0% load available
for customer choice shall be initially set aside for each customer
class (hereafter referred to as the 1.0% set-aside) for aggregated
loads.
(i) Non-residential, non-demand metered customers.
For non-residential, non-demand metered customers, the load available
for customer choice shall be determined by calculating 5.0% of the
number of ESIs in that customer class as of December 31, 2000.
(ii) Industrial demand-metered customers; commercial
and all other demand-metered customers. For each of the demand metered
customer classes, the load available for customer choice shall be
determined by calculating 5.0% of the sum of the kilowatts invoiced
by the utility to all ESIs in each customer class for meter reading
dates during the utility's peak demand month in the year 2000. In
addition, the utility shall determine the individual ESI load caps
for each demand metered customer class by calculating 20% of the load
available for the pilot project in each demand-metered customer class.
(iii) Other customers as defined in subsection (d)(2)(E)
of this section. For all other customers, the load available for customer
choice shall be determined by calculating 5.0% of the sum of the kilowatt-hours
for which all ESIs in this customer class were invoiced by the utility
during the twelve month period ending December 31, 2000. In addition,
the utility shall determine the individual ESI load caps for this
customer class by calculating 20% of the kilowatt-hours available
for the pilot project in this customer class.
(B) Amount of available load. For purposes of this
paragraph, the total load available for customer choice determined
in subparagraph (A) of this paragraph, less the amount of the customer's
ESI load used for calculation in subparagraph (A) of this paragraph,
shall be referred to as the amount of available load for each non-residential
customer class. For an ESI that was not included in the calculation
in subparagraph (A) of this paragraph, hereinafter called a new ESI,
the customer's ESI load shall be determined as follows:
(i) For the non-residential, non-demand metered class,
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.
(C) Open interest period. Beginning February 15, 2001,
and continuing through March 15, 2001, interested customers may request
the opportunity to participate in a utility's pilot project by submitting
to the utility through its pilot project Internet website the account
number and zip code information necessary to determine the customer's
ESI. An eligible ESI is one that does not exceed the individual ESI
load cap established in subparagraph (A) of this paragraph. By March
21, 2001, the utility shall determine if the non-residential customer
classes are either oversubscribed or undersubscribed, including the
amount of load oversubscribed or undersubscribed, and shall make such
information publicly available through its pilot project Internet
website.
(i) Participant list. The utility shall create a list
of customers eligible to participate in the pilot project, referred
to as the participant list. The participant list shall include each
ESI and related service address, the name in which the customer is
billed, and customer class as defined in this section. No later than
March 21, 2001, the utility shall make available its integrated voice
response (IVR) system or its pilot project Internet website to allow
a customer having an ESI in the lottery to determine whether its ESI
has been selected for the participant list. The participant list for
each customer class shall be provided to the commission no later than
March 21, 2001.
(ii) Oversubscription. On March 21, 2001, if a non-residential
customer class is oversubscribed, the utility shall use a lottery
to develop the participant list. As each ESI is selected through the
lottery, the ESI's load used for the calculation in subparagraph (A)
of this paragraph shall be subtracted from the total amount of load
available for customer choice as determined in subparagraph (A) of
this paragraph. The ESI that causes the 4.0% load limit (i.e., the
5.0% load limit less the 1.0% set-aside) to be reached shall be the
final ESI selected through the lottery; the 4.0% limit may be exceeded
only for the purpose of accommodating the entire load associated with
the final ESI selected, except that such excess shall not cause the
amount of load available for customer choice to be greater than 4.1%.
Once the 4.0% load limit is reached, the selected ESIs shall be included
on the participant list.
(iii) Undersubscription. If a non-residential customer
class is undersubscribed, all eligible ESIs submitted shall be included
on the participant list. Beginning March 21, 2001, any unsubscribed
load will be available for subscription by customers in that customer
class on a first come, first served basis.
(D) Negotiation period. Between March 21, 2001 and
May 10, 2001, customers on the participant list may negotiate and
contract with REPs. A REP shall notify the utility of execution of
a contract. If a customer has not entered into a confirmed REP contract
for a specific ESI by May 10, 2001, that ESI shall be removed from
the participant list, and the load associated with that ESI shall
be added to the amount of available load. On May 11, 2001, the utility
shall post, on its pilot project Internet website, a list of submitted
ESIs that do not match a customer on the participant list. REPs shall
have until May 14, 2001 to correct any ESI listed by the utility on
May 11, 2001. On May 17, 2001, the utility shall determine the amount
of available load for each non-residential customer class and shall
make such determination publicly available through its pilot project
Internet website.
(E) Monitoring and adjusting the amount of available
load. Following the negotiation period, participation shall be allowed
on a first come, first served basis.
(i) As each non-residential customer in a class executes
a contract, the amount of available load for that class shall be decremented
by the amount of the customer's ESI load used for the calculation
in subparagraph (A) of this paragraph.
(ii) The ESI that causes the amount of available load
to reach zero shall be the final ESI selected; the amount of available
load may drop below zero only for the purpose of accommodating the
entire load associated with the final ESI selected, subject to the
limitations described in subparagraph (C)(ii) of this paragraph.
(4) Aggregated load set-aside. Customers participating
in customer choice may use aggregation to the extent they choose,
and may participate by self aggregation or multiple customer aggregation.
For purposes of pilot project administration, aggregators must submit
to the utility their groupings of utility account numbers and associated
zip codes, or ESIs if available, for participation in the pilot project
subject to the 1.0% set-aside. Such groupings (hereafter referred
to as aggregation packets) shall be submitted by customer class as
defined in subsection (d) of this section with a listing of utility
account numbers and associated zip codes.
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