| (D) Standard Terms of Service, POLR Provider Large
Non-Residential Service:
Attached Graphic
(2) An LSP providing service under a rate prescribed
by subsection (m)(2) of this section must provide each new customer
the applicable Standard Terms of Service. Such Standard Terms of Service
must be updated as required under §25.475(f) of this title (relating
to General Retail Electric Provider Requirements and Information Disclosures
to Residential and Small Commercial Customers).
(g) General description of POLR service provider selection
process.
(1) Each REP must provide information to the commission
in accordance with subsection (h)(1) of this section. Based on this
information, the commission's designated representative will designate
REPs that are eligible to serve as POLR providers in areas of the
state in which customer choice is in effect, except that the commission
will not designate POLR providers in the service areas of MOUs or
electric cooperatives unless an electric cooperative has delegated
to the commission its authority to designate the POLR provider, in
accordance with subsection (r) of this section.
(2) POLR providers must serve two-year terms. The initial
term for POLR service in areas of the state where retail choice is
not in effect as of the effective date of the rule must be set at
the time POLR providers are initially selected in such areas.
(h) REP eligibility to serve as a POLR provider. In
each even-numbered year, the commission will determine the eligibility
of certified REPs to serve as POLR providers for a term scheduled
to commence in January of the next year.
(1) Each REP must provide information to the commission
necessary to establish its eligibility to serve as a POLR provider
for the next term. A REP must file, by July 10th of each even-numbered
year, by service area, information on the classes of customers it
provides service to, and for each customer class, the number of ESI
IDs the REP serves and the retail sales in megawatt-hours for the
annual period ending March 31 of the current year. As part of that
filing, a REP may request that the commission designate one of its
affiliates to provide POLR service on its behalf pursuant to subsection
(k) of this section in the event that the REP is designated as an
LSP. The independent organization must provide to the commission the
total number of ESI ID and total MWh data for each class. Each REP
must also provide information on its technical capability and financial
ability to provide service to additional customers in a mass transition.
The commission's determination regarding eligibility of a REP to serve
as POLR provider under the provisions of this section will not be
considered confidential information.
(2) Eligibility to be designated as a POLR provider
is specific to each POLR area and customer class. A REP is eligible
to be designated a POLR provider for a particular customer class in
a POLR area, unless:
(A) A proceeding to revoke or suspend the REP's certificate
is pending at the commission, the REP's certificate has been suspended
or revoked by the commission, or the REP's certificate is deemed suspended
pursuant to §25.107 of this title (relating to Certification
of Retail Electric Providers (REPs));
(B) The sum of the numeric portion of the REP's percentage
of ESI IDs served and percentage of retail sales by MWhs in the POLR
area, for the particular class, is less than 1.0;
(C) The commission does not reasonably expect the REP
to be able to meet the criteria set forth in subparagraph (B) of this
paragraph during the entirety of the term;
(D) On the date of the commencement of the term, the
REP or its predecessor will not have served customers in Texas for
at least 18 months;
(E) The REP does not serve the applicable customer
class, or does not have an executed delivery service agreement with
the service area TDU;
(F) The REP is certificated as an Option 2 REP under §25.107
of this title;
(G) The REP's customers are limited to its own affiliates;
(H) A REP files an affidavit stating that it does not
serve small or medium non-residential customers, except for the low-usage
sites of the REP's large non-residential customers, or commonly owned
or franchised affiliates of the REP's large non-residential customers
and opts out of eligibility for either, or both of the small or medium
non-residential customer classes; or
(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.
Cont'd... |
