| (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 will publish the
names of all REPs eligible to serve as a POLR provider under this
section for each customer class in each POLR area and will 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 will verify the additional documentation
and, if accurate, reassess the REP's eligibility. Commission staff
will 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 must make a filing with the commission detailing the basis
for its concerns and must 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 must file the confidential information
in accordance with §22.71 of this title (relating to Filing of
Pleadings, Documents, and Other Materials). Commission staff will
review the filing, and will 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 will 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 will 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 unless otherwise determined by the
executive director. This filing must 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, will not be considered confidential information.
(1) A VREP must 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 will 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 will 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 must provide information to demonstrate that it is capable
of serving the additional ESI IDs, and the commission staff will 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 must be effective five calendar days after the request is
filed with the commission; however, after the request becomes effective
the VREP must 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 will be communicated to ERCOT and must be implemented for the
current allocation if possible.
(5) ERCOT or a TDU may challenge a VREP's eligibility.
If ERCOT or a TDU has reason to believe that a REP is no longer capable
of performing VREP responsibilities, ERCOT or the TDU must make a
filing with the commission detailing the basis for its concerns and
must 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 must file it in accordance with §25.71 of this title
(relating to General Procedures, Requirements and Penalties). Commission
staff will review the filing of ERCOT and if commission staff concludes
that the REP should no longer provide VREP service, it will 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 will 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 must 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 will 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 must be designated as LSPs. Commission
staff will 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 must be completed by
the LSP that has the greatest market share in accordance with paragraph
(2) of this subsection. The Electricity Facts Label (EFL) must 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 must 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 must 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 will be provided at a later time, but no later
than 14 days before their effective Cont'd... |
