| (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 |
