| (ii) The average annual consumption shall be calculated
by dividing the total kWh consumed by residential customers during
the calendar year 2000 by the average number of residential customers
during the calendar year 2000. The average number of residential customers
during the calendar year 2000 shall be calculated by dividing the
sum of the total number of such customers for each month of the year
2000 by 12.
(B) Calculation of small commercial consumption. The
amount of electric power consumed by small commercial customers served
by nonaffiliated REPs shall be determined using the following criteria,
except that customers served by the POLR shall not count as load served
by a nonaffiliated REP:
(i) The amount of electric power of small commercial
customers with peak demand less than 20 kW consumed by nonaffiliated
REPs shall be equal to the number of small commercial customers with
peak demand less than 20 kW served by nonaffiliated REPs times the
average annual consumption of small commercial customers with peak
demand less than 20 kW served by the affiliated electric utility during
the calendar year 2000.
(I) The number of customers served by nonaffiliated
REPs shall be determined by summing the number of small commercial
customers with peak demands less than 20 kW served in the transmission
and distribution utility's certificated service area with a designated
REP other than the affiliated REP in the registration database maintained
by the registration agent.
(II) The average annual consumption shall be calculated
by dividing the total kWh consumed by small commercial customers with
peak demand of less than 20 kW during the calendar year 2000 by the
average number of small commercial customers with peak demand of less
than 20 kW during the calendar year 2000. The average number of small
commercial customers with peak demand of less than 20 kW shall be
calculated by dividing the total number of such customers for each
month of 2000 by 12.
(ii) The amount of electric power consumed by small
commercial customers with peak demand in excess of 20 kW shall be
the actual usage of those customers during the calendar year 2000.
(I) If less than 12 months of consumption history exists
for such a customer during the calendar year 2000, the available calendar
year 2000 usage history shall be supplemented with the most recent
prior history of service at that customer's location for the unavailable
months.
(II) For customers with service to a new location,
the annual consumption shall be deemed to be equal to the estimated
maximum annual demand used by the affiliated transmission and distribution
utility in sizing the facilities installed to serve that customer
multiplied by the product of 8,760 hours and the average annual load
factor for small commercial customers with peak demand greater than
20 kW for the year 2000.
(j) Prohibition on incentives to switch. An affiliated
REP may not provide an incentive to switch to a nonaffiliated REP,
promote any nonaffiliated REP, or exchange customers with any nonaffiliated
REP in order to meet the requirements of subsection (f) of this section.
Non-affiliated REPs may not provide an incentive to return to the
price to beat.
(k) Disclosure of price to beat rate. An affiliated
retail electric provider shall disclose to customers, the price to
beat in accordance with §25.471 (relating to General Provisions
of Customer Protection Rules). In addition, if an affiliated REP offers
a rate greater than the price to beat, the price to beat rate must
be disclosed along with a statement that the customer is eligible
for the price to beat. This disclosure must appear on all written
authorizations, Internet authorizations, the electricity facts label
and Terms of Service document. It must also be disclosed during telephone
solicitations before the customer authorizes service.
(l) Filing requirements.
(1) On determining that its affiliated retail electric
provider has met the requirements of subsection (i) of this section,
an electric utility or transmission and distribution utility shall
make a filing with the commission attesting under oath to the fact
that those requirements have been met and that the restrictions of
subsection (h) of this section as well as the true-up in PURA §39.262(e)
are no longer applicable.
(2) An electric utility or transmission and distribution
utility shall file a progress report with the commission after its
affiliated REP has met the requirements of subsection (i) of this
section using a 35% threshold target in lieu of a 40% threshold. Such
progress reports(s) shall be filed no later than 30 days after the
35% threshold has been met and shall contain the same information
required in this subsection.
(3) No later than December 31, 2001, each transmission
and distribution utility shall determine the power consumption threshold
targets under subsection (i) of this section for residential and small
commercial customers within its certificated service area and shall
file this information with the commission and shall also make this
information publicly available through its Internet website. Each
transmission and distribution utility, together with its affiliated
REP, shall update the small commercial power consumption threshold
as needed to reflect additional small commercial load that has met
the requirements of subsection (h)(3) of this section and therefore
is appropriately removed from the calculation of the threshold target.
Concurrent with this update, the transmission and distribution utility,
together with its affiliated REP, shall provide, for each group of
aggregated customers that have been removed from the calculation of
the threshold target, the customers' names, electric service identifiers,
size of the customers' loads (individually and in the aggregate),
and how the customers meet the requirements of subsection (h)(3) of
this section. Such information may be filed under confidential seal.
All certificated REPs shall be deemed to have standing to review such
filings.
(4) Any application filed pursuant to this subsection
shall contain the following information:
(A) a detailed explanation of how the relevant customer
group has met or exceeded the threshold consumption targets in subsection
(i) of this section;
(B) calculation of the power consumption threshold
target under subsection (i) of this section for the relevant customer
group and the date such target was met;
(C) verification of the meeting of the threshold target
in the following manner:
(i) for the residential customer class, independent
verification from the registration agent verifying the number of customers
in the residential customer class within the transmission and distribution
utility's certificated service area that are committed to be served
by non-affiliated REPs.
(ii) for the small commercial class, an affidavit detailing
the number of customers in the small commercial class with peak demand
below 20 kW within the transmission and distribution utility's certificated
service area committed to be served by non-affiliated REPs and the
customers with peak demand in excess of 20 kW with their actual usage
calculated in accordance with subsection (i)(2)(B)(ii) of this section
within the transmission and distribution utility's certificated service
area that are committed to be served by non-affiliated REPs.
(iii) For purposes of this subsection, a residential
and small commercial customer has committed to be served by a nonaffiliated
retail electric provider if the registration agent has received a
switch request for that customer and any mandated cancellation period
pursuant to applicable commission rule has expired.
(5) The commission staff shall review all applications
filed under this subsection and shall make a recommendation to the
commission within ten days after the application is filed to approve
or reject the application. If a filing has insufficient information
from which the commission can make a determination, the commission
may reject the filing without prejudice for refiling the application.
The commission shall issue an order approving or rejecting the application
within 30 days after the application is filed. An electric utility
or transmission and distribution utility filing an application under
this subsection shall not charge rates different from the price to
beat until the earlier of 36 months after the date customer choice
is introduced or the date such application has been approved by the
commission.
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| Source Note: The provisions of this §25.41 adopted to be effective April 10, 2001, 26 TexReg 2680; amended to be effective April 23, 2003, 28 TexReg 3249; amended to be effective May 13, 2018, 43 TexReg 3001 |
