| (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 must be treated as a separate
event.
(m) Rates applicable to POLR service.
(1) A VREP must provide service to customers using
a market-based, month-to-month product. The VREP must 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 must 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 must 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 must be $0.09 per kWh.
(iii) Beginning on the 10th of each month, an LSP energy
charge must be the average of the actual Real-Time Settlement Point
Prices (RTSPPs) for the applicable load zone for the preceding calendar
month (the historical average RTSPP) multiplied by the number of kWhs
the customer used during that billing period and further multiplied
by 120%. The LSP energy charge must not exceed 160%of the preceding
calendar month's LSP energy charge. The applicable load zone will
be the load zone located partially or wholly in the customer's TDU
service territory with the highest average under the historical average
RTSPP calculation.
(iv) "Number of kWhs the customer used" is based on
usage data provided to the POLR by the TDU.
(B) Small and medium non-residential customers. The
LSP rate for the small and medium non-residential customer classes
must 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 must 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 must be $0.09 per kWh.
(iii) Beginning on the 10th of each month, LSP energy
charge must be the average of the actual RTSPPs for the applicable
load zone for the preceding calendar month multiplied by the number
of kWhs the customer used during that billing period and further multiplied
by 125%. The LSP energy charge must not exceed 160% of the preceding
calendar month's LSP energy charge. The applicable load zone will
be the load zone located partially or wholly in the customer's TDU
service territory with the highest average under the historical average
RTSPP calculation.
(iv) "Number of kWhs the customer used" is based on
usage data provided to the POLR by the TDU.
(C) Large non-residential customers. The LSP rate for
the large non-residential customer class must 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 must 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 must be $2,897.00 per month.
(iii) LSP demand charge must be $6.00 per kW, per month.
(iv) LSP energy charge must 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 must 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 must issue refunds to the specific
customers who were overcharged.
(4) On a showing of good cause by an affected person,
the commission may direct an LSP to adjust the rate prescribed by
paragraph (2) of this subsection, if necessary to ensure that the
rate is consistent with prevailing market conditions. 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 must 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 must be pro-rated for partial month usage if a large non-residential
customer switches from the LSP to a REP of choice.
(n) Challenges to customer assignments. A POLR provider
is not obligated to serve a customer within a customer class or a
POLR area for which the REP is not designated as a POLR provider,
after a successful challenge of the customer assignment. A POLR provider
must use the ERCOT market variance resolution tool to challenge a
customer class assignment with the TDU. The TDU must make the final
determination based upon historical usage data and not premise type.
If the customer class assignment is changed and a different POLR provider
for the customer is determined appropriate, the customer must then
be served by the appropriate POLR provider. Back dated transactions
may be used to correct the POLR assignment.
(o) Limitation on liability. A POLR provider must make
reasonable provisions to provide service under this section to any
ESI IDs currently receiving the service and to ESI IDs obtained in
a future mass transition or served upon customer request; however,
liabilities not excused by reason of force majeure or otherwise must
be limited to direct, actual damages.
(1) Neither the customer nor the POLR provider must
be liable to the other for consequential, incidental, punitive, exemplary,
or indirect damages. These limitations apply without regard to the
cause of any liability or damage.
(2) In no event will ERCOT or a POLR provider be liable
for damages to any REP, whether under tort, contract or any other
theory of legal liability, for transitioning or attempting to transition
a customer from such REP to the POLR provider to carry out this section,
or for marketing, offering or providing competitive retail electric
service to a customer taking service under this section from the POLR
provider.
(p) REP obligations in a transition of customers to
POLR service.
(1) A customer may initiate service with an LSP by
requesting such service at the rate prescribed by subsection (m)(2)
of this section with any LSP that is designated to serve the requesting
customer's customer class within the requesting customer's service
area. An LSP cannot refuse a customer's request to make arrangements
for POLR service, except as otherwise permitted under this title.
(2) The POLR provider is responsible for obtaining
resources and services needed to serve a customer once it has been
notified that it is serving that customer. The customer is responsible
for charges for service under this section at the rate in effect at
that time.
(3) If a REP terminates service to a customer, or transitions
a customer to a POLR provider, the REP is financially responsible
for the resources and services used to serve the customer until it
notifies the independent organization of the termination or transition
of the service and the transfer to the POLR provider is complete.
(4) The POLR provider is financially responsible for
all costs of providing electricity to customers from the time the
transfer or initiation of service is complete until such time as the
customer ceases taking service under this section.
Cont'd... |
