(E) Assign ESI IDs that represent no more than 1% of
the total market for that POLR area and customer class less the ESI
IDs assigned to VREPs that volunteered to serve at least 1% of their
market share for each POLR area and customer class in numerical order
to LSPs designated in subparagraph (D) of this paragraph, in proportion
to the percentage of MWhs served by each LSP to the total MWhs served
by all LSPs;
(F) Sort LSPs, including any LSPs previously excluded
under subparagraph (D) of this paragraph; and
(G) Assign all remaining ESI IDs in numerical order
to LSPs in proportion to the percentage of MWhs served by each LSP
to the total MWhs served by all LSPs.
(3) Each mass transition shall be treated as a separate
event.
(m) Rates applicable to POLR service.
(1) A VREP shall provide service to customers using
a market-based, month-to-month product. The VREP shall use the same
market-based, month-to-month product for all customers in a mass transition
that are in the same class and POLR area.
(2) Subparagraphs (A)-(C) of this paragraph establish
the maximum rate for POLR service charged by an LSP. An LSP may charge
a rate less than the maximum rate if it charges the lower rate to
all customers in a mass transition that are in the same class and
POLR area.
(A) Residential customers. The LSP rate for the residential
customer class shall be determined by the following formula: LSP rate
(in $ per kWh) = (Non-bypassable charges + LSP customer charge + LSP
energy charge) / kWh used Where:
(i) Non-bypassable charges shall be all TDU charges
and credits for the appropriate customer class in the applicable service
territory and other charges including ERCOT administrative charges,
nodal fees or surcharges, reliability unit commitment (RUC) capacity
short charges attributable to LSP load, and applicable taxes from
various taxing or regulatory authorities, multiplied by the level
of kWh and kW used, where appropriate.
(ii) LSP customer charge shall be $0.06 per kWh.
(iii) LSP energy charge shall be the sum over the billing
period of the actual hourly Real-Time Settlement Point Prices (RTSPPs)
for the customer's load zone that is multiplied by the number of kWhs
the customer used during that hour and that is further multiplied
by 120%.
(iv) "Actual hourly RTSPP" is an hourly rate based
on a simple average of the actual interval RTSPPs over the hour.
(v) "Number of kWhs the customer used" is based either
on interval data or on an allocation of the customer's total actual
usage to the hour based on a ratio of the sum of the ERCOT backcasted
profile interval usage data for the customer's profile type and weather
zone over the hour to the total of the ERCOT backcasted profile interval
usage data for the customer's profile type and weather zone over the
customer's entire billing period.
(vi) For each billing period, if the sum over the billing
period of the actual hourly RTSPP for a customer multiplied by the
number of kWhs the customer used during that hour falls below the
simple average of the RTSPPs for the load zone located partially or
wholly in the customer's TDU service territory that had the highest
simple average price over the 12-month period ending September 1 of
the preceding year multiplied by the number of kWhs the customer used
during the customer's billing period, then the LSP energy charge shall
be the simple average of the RTSPPs for the load zone partially or
wholly in the customer's TDU service territory that had the highest
simple average over the 12-month period ending September 1 of the
preceding year multiplied by the number of kWhs the customer used
during the customer's billing period multiplied by 125%. This methodology
shall apply until the commission issues an order suspending or modifying
the operation of the floor after conducting an investigation.
(B) Small and medium non-residential customers. The
LSP rate for the small and medium non-residential customer classes
shall be determined by the following formula: LSP rate (in $ per kWh)
= (Non-bypassable charges + LSP customer charge + LSP demand charge
+ LSP energy charge) / kWh used Where:
(i) Non-bypassable charges shall be all TDU charges
and credits for the appropriate customer class in the applicable service
territory, and other charges including ERCOT administrative charges,
nodal fees or surcharges, RUC capacity short charges attributable
to LSP load, and applicable taxes from various taxing or regulatory
authorities, multiplied by the level of kWh and kW used, where appropriate.
(ii) LSP customer charge shall be $0.025 per kWh.
(iii) LSP demand charge shall be $2.00 per kW, per
month, for customers that have a demand meter, and $50.00 per month
for customers that do not have a demand meter.
(iv) LSP energy charge shall be the sum over the billing
period of the actual hourly RTSPPs, for the customer's load zone that
is multiplied by number of kWhs the customer used during that hour
and that is further multiplied by 125%.
(v) "Actual hourly RTSPP" is an hourly rate based on
a simple average of the actual interval RTSPPs over the hour.
(vi) "Number of kWhs the customer used" is based either
on interval data or on an allocation of the customer's total actual
usage to the hour based on a ratio of the sum of the ERCOT backcasted
profile interval usage data for the customer's profile type and weather
zone over the hour to the total of the ERCOT backcasted profile interval
usage data for the customer's profile type and weather zone over the
customer's entire billing period.
(vii) For each billing period, if the sum over the
billing period of the actual hourly RTSPP for a customer multiplied
by the number of kWhs the customer used during that hour falls below
the simple average of the RTSPPs for the load zone located partially
or wholly in the customer's TDU service territory that had the highest
simple average over the 12-month period ending September 1 of the
preceding year multiplied by the number of kWhs the customer used
during the customer's billing period, then the LSP energy charge shall
be the simple average of the RTSPPs for the load zone located partially
or wholly in the customer's TDU service territory that had the highest
simple average price over the 12-month period ending September 1 of
the preceding year multiplied by the number of kWhs the customer used
during the customer's billing period multiplied by 125%. This methodology
shall apply until the commission issues an order suspending or modifying
the operation of the floor after conducting an investigation.
(C) Large non-residential customers. The LSP rate for
the large non-residential customer class shall be determined by the
following formula: LSP rate (in $ per kWh) = (Non-bypassable charges
+ LSP customer charge + LSP demand charge + LSP energy charge) / kWh
used Where:
(i) Non-bypassable charges shall be all TDU charges
and credits for the appropriate customer class in the applicable service
territory, and other charges including ERCOT administrative charges,
nodal fees or surcharges, RUC capacity short charges attributable
to LSP load, and applicable taxes from various taxing or regulatory
authorities, multiplied by the level of kWh and KW used, where appropriate.
(ii) LSP customer charge shall be $2,897.00 per month.
(iii) LSP demand charge shall be $6.00 per kW, per
month.
(iv) LSP energy charge shall be the appropriate RTSPP,
determined on the basis of 15-minute intervals, for the customer multiplied
by 125%, multiplied by the level of kilowatt-hours used. The energy
charge shall have a floor of $7.25 per MWh.
(3) If in response to a complaint or upon its own investigation,
the commission determines that an LSP failed to charge the appropriate
rate prescribed by paragraph (2) of this subsection, and as a result
overcharged its customers, the LSP shall issue refunds to the specific
customers who were overcharged.
(4) On a showing of good cause, the commission may
permit the LSP to adjust the rate prescribed by paragraph (2) of this
subsection, if necessary to ensure that the rate is sufficient to
allow the LSP to recover its costs of providing service. Notwithstanding
any other commission rule to the contrary, such rates may be adjusted
on an interim basis for good cause shown and after at least 10 business
days' notice and an opportunity for hearing on the request for interim
relief. Any adjusted rate shall be applicable to all LSPs charging
the rate prescribed by paragraph (2) of this subsection to the specific
customer class, within the POLR area that is subject to the adjustment.
(5) For transitioned customers, the customer and demand
charges associated with the rate prescribed by paragraph (3) of this
subsection shall be pro-rated for partial month usage if a large non-residential
customer switches from the LSP to a REP of choice.
Cont'd... |