| (a) Purpose and Application. This section and the pro-forma
access tariff set forth in subsection (c) of this section establish
and govern the non-discriminatory terms and conditions of access by
competitive retailers to the delivery system of a municipally owned
utility or electric cooperative that implements customer choice after
May 1, 2023. This section applies to a municipally owned utility or
electric cooperative that implements, or is preparing to implement,
customer choice after May 1, 2023. For purposes of this section, the
date a municipally owned utility or electric cooperative opens its
territory to retail competition is the date it implements customer
choice. A municipally owned utility or electric cooperative that implements
customer choice after May 1, 2023 is not required to comply with §25.215
of this title (relating to Terms and Conditions of Access by a Competitive
Retailer to the Delivery System of a Municipally Owned Utility or
Electric Cooperative that has Implemented Customer Choice).
(b) A municipally owned utility or electric cooperative
that has implemented customer choice after May 1, 2023 must provide
retail delivery service, including delivery service to a retail customer
at transmission voltage, to retail customers. Retail delivery service
must be provided in accordance with the rates, terms, and conditions
set forth in the delivery service tariffs promulgated by the municipally
owned utility or electric cooperative.
(c) Access tariff. Not later than the 90th day before
the date a municipally owned utility or electric cooperative to which
this rule applies implements customer choice, the municipally owned
utility or electric cooperative must file with the commission its
tariff governing access by competitive retailers to retail customers
connected to the delivery system of the municipally owned utility
or electric cooperative using the pro-forma access tariff in subsection
(d) of this section. A municipally owned utility or an electric cooperative
may add to or modify only Chapters 2 and 5 of the access tariff, reflecting
individual characteristics and rates. Chapters 1, 3, and 4 of the
pro-forma access tariff must be used exactly as written; these Chapters
can be changed only through the rulemaking process. The access tariff,
however, must contain the name of the municipally owned utility or
electric cooperative in lieu of "[Utility]".
(d) Pro-Forma Retail Access Tariff. Tariff for Retail
Access.
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