(I) The REP does not meet minimum financial, technical
and managerial qualifications established by the commission under §25.107
of this title.
(3) For each term, the commission shall publish the
names of all of the REPs eligible to serve as a POLR provider under
this section for each customer class in each POLR area and shall provide
notice to REPs determined to be eligible to serve as a POLR provider.
A REP may challenge its eligibility determination within five business
days of the notice of eligibility by filing with the commission additional
documentation that includes the specific data, the specific calculation,
and a specific explanation that clearly illustrate and prove the REP's
assertion. Commission staff shall verify the additional documentation
and, if accurate, reassess the REP's eligibility. Commission staff
shall notify the REP of any change in eligibility status within 10
business days of the receipt of the additional documentation. A REP
may then appeal to the commission through a contested case if the
REP does not agree with the staff determination of eligibility. The
contested status will not delay the designation of POLR providers.
(4) A standard form may be created by the commission
for REPs to use in filing information concerning their eligibility
to serve as a POLR provider.
(5) If ERCOT or a TDU has reason to believe that a
REP is no longer capable of performing POLR responsibilities, ERCOT
or the TDU shall make a filing with the commission detailing the basis
for its concerns and shall provide a copy of the filing to the REP
that is the subject of the filing. If the filing contains confidential
information, ERCOT or the TDU shall file the confidential information
in accordance with §22.71 of this title (relating to Filing of
Pleadings, Documents, and Other Materials). Commission staff shall
review the filing, and shall request that the REP demonstrate that
it still meets the qualifications to provide the service. The commission
staff may initiate a proceeding with the commission to disqualify
the REP from providing POLR service. No ESI IDs shall be assigned
to a POLR provider after the commission staff initiates a proceeding
to disqualify the POLR provider, unless the commission by order confirms
the POLR provider's designation.
(i) VREP list. Based on the information provided in
accordance with this subsection and subsection (h) of this section,
the commission shall post the names of VREPs on its webpage, including
the aggregate customer count offered by VREPs. A REP may submit a
request to be a VREP no earlier than June 1, and no later than July
31, of each even-numbered year. This filing shall include a description
of the REP's capabilities to serve additional customers as well as
the REP's current financial condition in enough detail to demonstrate
that the REP is capable of absorbing a mass transition of customers
without technically or financially distressing the REP and the specific
information set out in this subsection. The commission's determination
regarding eligibility of a REP to serve as a VREP, under the provisions
of this section, shall not be considered confidential information.
(1) A VREP shall provide to the commission the name
of the REP, the appropriate contact person with current contact information,
which customer classes the REP is willing to serve within each POLR
area, and the number of ESI IDs the REP is willing to serve by customer
class and POLR area in each transition event.
(2) A REP that has met the eligibility requirements
of subsection (h) of this section and provided the additional information
set out in this subsection is eligible for designation as a VREP.
(3) Commission staff shall make an initial determination
of the REPs that are to serve as a VREP for each customer class in
each POLR area and publish their names. A REP may challenge its eligibility
determination within five business days of the notice of eligibility
by submitting to commission staff additional evidence of its capability
to serve as a VREP. Commission staff shall reassess the REP's eligibility
and notify the REP of any change in eligibility status within 10 business
days of the receipt of the additional documentation. A REP may then
appeal to the commission through a contested case if the REP does
not agree with the staff determination of eligibility. The contested
status will not delay the designation of VREPs.
(4) A VREP may file a request at any time to be removed
from the VREP list or to modify the number of ESI IDs that it is willing
to serve as a VREP. If the request is to increase the number of ESI
IDs, it shall provide information to demonstrate that it is capable
of serving the additional ESI IDs, and the commission staff shall
make an initial determination, which is subject to an appeal to the
commission, in accordance with the timelines specified in paragraph
(3) of this subsection. If the request is to decrease the number of
ESI IDs, the request shall be effective five calendar days after the
request is filed with the commission; however, after the request becomes
effective the VREP shall continue to serve ESI IDs previously acquired
through a mass transition event as well as ESI IDs the VREP acquires
from a mass transition event that occurs during the five-day notice
period. If in a mass transition a VREP is able to acquire more customers
than it originally volunteered to serve, the VREP may work with commission
staff and ERCOT to increase its designation. Changes approved by commission
staff shall be communicated to ERCOT and shall be implemented for
the current allocation if possible.
(5) ERCOT or a TDU may challenge a VREP's eligibility.
If ERCOT has reason to believe that a REP is no longer capable of
performing VREP responsibilities, ERCOT shall make a filing with the
commission detailing the basis for its concerns and shall provide
a copy of the filing to the REP that is the subject of the filing.
If the filing contains confidential information, ERCOT or the TDU
shall file it in accordance with §25.71 of this title (relating
to General Procedures, Requirements and Penalties). Commission staff
shall review the filing of ERCOT and if commission staff concludes
that the REP should no longer provide VREP service, it shall request
that the REP demonstrate that it still meets the qualifications to
provide the service. The commission staff may initiate a proceeding
with the commission to disqualify the REP from providing VREP service.
No ESI IDs shall be assigned to a VREP after the commission staff
initiates a proceeding to disqualify the VREP, unless the commission
by order confirms the VREP's designation.
(j) LSPs. This subsection governs the selection and
service of REPs as LSPs.
(1) The REPs eligible to serve as LSPs shall be determined
based on the information provided by REPs in accordance with subsection
(h) of this section. However, for new TDU service areas that are transitioned
to competition, the transition to competition plan approved by the
commission may govern the selection of LSPs to serve as POLR providers.
(2) In each POLR area, for each customer class, the
commission shall designate up to 15 LSPs. The eligible REPs that have
the greatest market share based upon retail sales in megawatt-hours,
by customer class and POLR area shall be designated as LSPs. Commission
staff shall designate the LSPs by October 15th of each even-numbered
year, based upon the data submitted to the commission under subsection
(h) of this section. Designation as a VREP does not affect a REP's
eligibility to also serve as an LSP.
(3) For the purpose of calculating the POLR rate for
each customer class in each POLR area, an EFL shall be completed by
the LSP that has the greatest market share in accordance with paragraph
(2) of this subsection. The Electricity Facts Label (EFL) shall be
supplied to commission staff electronically for placement on the commission
webpage by January 1 of each year, and more often if there are changes
to the non-bypassable charges. Where REP-specific information is required
to be inserted in the EFL, the LSP supplying the EFL shall note that
such information is REP-specific.
(4) An LSP serving transitioned residential and small
non-residential customers under a rate prescribed by subsection (m)(2)
of this section shall move such customers to a market-based month-to-month
product, with pricing for such product to be effective no later than
either the 61st day of service by the LSP or beginning with the customer's
next billing cycle date following the 60th day of service by the LSP.
For each transition event, all such transitioned customers in the
same class and POLR area must be served pursuant to the same product
terms, except for those customers specified in subparagraph (B) of
this paragraph.
(A) The notice required by §25.475(d) of this
title to inform the customers of the change to a market-based month-to-month
product may be included with the notice required by subsection (t)(3)
of this section or may be provided 14 days in advance of the change.
If the §25.475(d) notice is included with the notice required
by subsection (t)(3) of this section, the LSP may state that either
or both the terms of service document and EFL for the market-based
month-to-month product shall be provided at a later time, but no later
than 14 days before their effective date.
Cont'd... |