2. Discussion
We conclude that CSU has failed to justify its requested modifications to D.10-03-022. D.10-03-022 clarifies that all non-residential customers in the IOU's service areas are eligible to switch to DA service under SB 695. D.10-03-022 is clear that there is no preference under the switching rules for any customers eligible for DA service under SB 695, including customers previously eligible under AB 1X.2 Therefore, "DA eligible" customers are now all non-residential customers in the IOU's OEW beginning on April 16, 2010. CSU did not have a NOI accepted before SCE's 2010 load limit and wait-list allocation under D.10-03-022 were completely subscribed. CSU attempted to submit a six-month notice during the OEW to switch to DA service, but this was rejected because the 2010 load limit and wait-list were fully subscribed, and the six-month notice was premature for securing a spot under the 2011 load limit. D.10-03-022 makes clear that customers may submit six-month advance notices starting July 16, 2010 to switch to DA service in 2011.
The Commission in D.10-03-022 considered and declined to grant a preference to any subset of "DA eligible customers" in switching to DA service. D.10-03-022 creates a level playing field for all DA eligible customers by granting a one-time waiver of all minimum BPS commitment periods in place as of the effective date of the DA reopening on April 11, 2010.
All DA eligible customers have a fair opportunity to switch to DA service under the first-come, first-served rules adopted in D.10-03-022. CSU does not claim that it was unable to fully participate in the proceeding leading to D.10-03-022, nor has it been able to show that it was unfairly treated under the utilities' implementation of that decision. Providing CSU with a preference to switch to DA service in 2010 would be inappropriate and discriminatory. Under D.10-03-022, CSU has another opportunity to switch to DA service in January 2011 by submitting a six-month notice beginning on or after July 16, 2010 as long as there is room under the 2011 load limit, consistent with the rules adopted in D.10-03-022. Thereafter, six-month advance notices to switch to DA service in 2012 may be accepted anytime on or after January 16, 2011 up to the 2012 load limit. This phase-in process will continue through 2012 and 2013.
At the outset of the OEW, all existing BPS commitments were waived to place all customers on equal footing with respect to the reopening. In addition, six-month advance notices were waived for the OEW, so that eligible customers could seek to switch as soon as feasible in 2010, subject to the annual load limits.3
For these reasons, the CSU petition is denied.
2 See D.10-03-022, Conclusion of Law 11.
3 See D.10-03-022 at 22.
