| subparagraph (E) of this paragraph. No later than April 6, 2001, the
utility shall make the list of ESIs eligible for the pilot project
publicly available through its pilot project Internet website.
(III) Oversubscription for the other customer class
as defined in subsection (d)(2)(e) of this section. If the total combined
load of all aggregation packets submitted for the other class exceeds
the 1.0% set-aside as of April 2, 2001, then the utility shall use
a lottery to determine the aggregation participant list for this class.
Aggregation packets eligible for the aggregation participant list
shall be selected by the utility by April 5, 2001. As each aggregation
packet is selected through the lottery, the energy in kilowatt-hours
for that ESI used to determine the size of the customer class shall
be subtracted from the total amount of energy available for the 1.0%
set-aside. Aggregation packets shall be selected until none of the
1.0% set-aside is left. If the last aggregation packet selected causes
the 1.0% set-aside to be exceeded, the selection of the final aggregation
packet for the class shall be done in accordance with subparagraph
(E) of this paragraph. No later than April 6, 2001, the utility shall
make the list of ESIs eligible for the pilot project for the class
publicly available through its pilot project Internet website.
(E) Non-residential customer classes oversubscription
lottery selection of last aggregation packet. If the final aggregation
packet chosen in a customer class lottery causes the 1.0% set-aside
for that customer class to be exceeded by more than 10%, that is,
if that aggregation packet increases the size of the customer class
to greater than 1.1%, that aggregation packet shall be rejected and
another aggregation packet shall be chosen if available. If no other
aggregation packet is available to fill each non-residential customer
class without exceeding the 10% overage limit, that remaining increment
of capacity set-aside will not be subscribed, but will be added to
the amount of available capacity for aggregation for that non-residential
customer class and will be available on a first come, first served
basis. An aggregation packet that does not exceed the 10% overage
limit will be allowed. When the results of the oversubscription lottery
are posted by the utility, the utility shall also make publicly available
the information concerning this available capacity through its pilot
project Internet website.
(F) Contract notification due date for non-residential
customer classes. By May 21, 2001, a REP must submit verification
of executed supply contracts with ESIs and associated zip code to
the utility. Any ESI that has not been validated by a REP by this
date will relinquish its reserved allotment on the aggregation participant
list. The relinquished allotment will then be available for aggregation
in that customer class on a first come, first served basis.
(G) Notification of executed contract for non-residential
customer classes. The REP shall document the existence of an executed
contract for service by electronically submitting a list of ESIs representing
executed contracts to the utility. The utility may rely on receipt
of this list as proof of the existence of an executed contract. The
REP shall file a signed affidavit with the commission attesting to
the accuracy of the ESIs on the list.
(H) Electronic submissions by aggregators. All submittals
required by this section by aggregators to a utility shall be made
in electronic format using a Microsoft Excel spreadsheet using a spreadsheet
template posted on the utility's pilot project Internet website. A
utility will post its templates by January 31, 2001.
(I) New ESIs. For an ESI that was not included in the
calculation in paragraph (3)(A) of this subsection, hereinafter called
a new ESI, the customer's ESI load shall be determined as follows:
(i) For the non-residential non-demand metered classes,
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.
(h) Transmission and distribution rates and tariffs.
(1) Utilities within ERCOT. In connection with a utility's
pilot project, the utility shall provide transmission service and
distribution service in accordance with the rates for non-bypassable
delivery charges approved by the commission, on an interim basis for
application during the utility's pilot project, in the utility's unbundled
cost of service case filed pursuant to PURA §39.201. Notwithstanding
the provisions of §22.125 of this title (relating to Interim
Relief), such interim rates shall not be subject to surcharge or refund
if the rates ultimately established differ from the interim rates.
(2) Utilities outside of ERCOT.
(A) Jurisdiction of other regulatory bodies. Processes
utilized by non-ERCOT participants shall support the settlement of
traditional wholesale markets and shall conform to all Federal Energy
Regulatory Commission (FERC) rules and regulations.
(B) Transmission service. In connection with a utility's
pilot project, the utility shall provide transmission service in accordance
with the rates and delivery charges approved by the FERC. A utility
in transition to an independent transmission company (ITC) model shall
maintain on file with the commission a copy of its current FERC-approved
open access transmission tariff (OATT), as well as any proposed amendments
to the OATT submitted to FERC.
(C) Distribution service. In connection with a utility's
pilot project, the utility shall provide distribution service in accordance
with the rates for non-bypassable delivery charges approved by the
commission, on an interim basis for application during the utility's
pilot project, in the utility's unbundled cost of service case filed
pursuant to PURA §39.201. Notwithstanding the provisions of §22.125
of this title, such interim rates shall not be subject to surcharge
or refund if the rates ultimately established differ from the interim
rates.
(3) Approval of tariffs. Tariffs implementing pilot
project rates must be filed within ten days following the commission's
determination of those rates. The commission shall approve such tariffs
by May 31, 2001, and may do so administratively.
(i) Billing requirements.
(1) A utility shall bill a customer's REP for non-bypassable
delivery charges in accordance with the tariffs established pursuant
to subsection (h) of this section. The REP must pay these charges.
(2) A REP shall be responsible for ensuring that its
retail customers are billed for electric service provided. A utility
may bill retail customers at the request of a REP, provided that any
such billing service shall be offered by the utility on comparable
terms and conditions for any requesting REP.
(j) Evaluation of the pilot projects by the commission;
reporting. The commission shall evaluate the pilot projects and the
operational readiness of each power region, including its support
systems, for customer choice.
(1) Evaluation criteria.
(A) Criteria for determining the readiness of a power
region for customer choice may include the following:
(i) whether a power region's operational support systems
were tested, and any problems that surfaced during the pilot project
were adequately rectified;
(ii) whether electric system reliability was significantly
affected in an adverse way; and
(iii) any other criteria the commission determines
appropriate.
(B) Criteria for determining whether commission rules
may need modifications or whether certain aspects of retail competition
may require more detailed monitoring by the commission may include
the following:
(i) whether participants in the pilot projects represented
a broad base of customers of diverse demographic characteristics;
(ii) whether customers were aware of their rights and
responsibilities with respect to customer choice, and whether such
awareness increased for customers as a whole over the duration of
the pilot projects;
(iii) whether a broad range of electric services and
products were offered;
(iv) whether the quality of customer service with respect
to retail customers was affected; and
(v) any other criteria the commission determines appropriate.
(2) Information used for evaluation of pilot projects.
Evaluation of the pilot projects shall be based on information including,
but not limited to:
(A) reports filed in accordance with paragraph (3)
of this subsection;
(B) surveys of retail customers conducted in connection
with the commission's customer education program; and
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