Background

The registration of certain ESPs was first mandated by statute when former § 394(a) was added by AB 1890 (Stats. 1996, ch. 854). Former § 394(a) required "each entity offering electrical service to residential and small commercial customers within the service territory of an electrical corporation," except for an electrical corporation as defined in § 218, to register with the Commission. The Commission adopted that registration requirement in Decision (D.) 97-05-040.

Senate Bill (SB) 477 (Stats. 1997, ch. 275) repealed § 394(a) as added by AB 1890, and replaced it with a new § 394(a). Section 394(a) as added by SB 477, states in pertinent part:


"Each entity offering electrical service to residential and small commercial customers shall register with the commission, unless it is an electrical corporation as defined in Section 218, or a public agency offering electrical service to residential and small commercial customers within its own political jurisdiction, or within the service territory of a local publicly owned electric utility."

The effect of the revision to § 394(a) was to broaden the registration requirement to include ESPs offering electric services to residential and small commercial customers who operate in the service territories of publicly owned electric utilities.

The SB 477 revision to § 394 was addressed in D.98-03-072. D.98-03-072 also implemented the other SB 477 consumer protection safeguards by setting forth proposed permanent standards for proof of financial viability as well as proof of technical and operational ability. D.98-03-072 adopted interim standards for proof of financial viability and proof of technical and operational ability pending the adoption of permanent standards by the Commission. The proposed standards were then adopted as the permanent standards in D.99-05-034.

After the permanent standards were adopted, § 394 was further amended by AB 1658 (Stats. 1999, ch. 1005). AB 1658 added wording to § 394(a) which defines what an ESP means for the purpose of § 394.2 AB 1658 also added a specific requirement in § 394(b)(8) that each ESP furnish fingerprints as part of the registration process. A fingerprint requirement was included as part of the proposed permanent standards, and adopted as part of the permanent standards in D.99-05-034.

AB 117 then broadened the definition of an ESP. As amended by AB 117, § 394(a) now reads:


"As used in this section, `electric service provider' means an entity that offers electrical service to customers within the service territory of an electrical corporation, but does not include an electrical corporation, as defined in Section 218, does not include an entity that offers electrical service solely to serve customer load consistent with subdivision (b) of Section 218, and does not include a public agency that offers electrical service to residential and small commercial customers within its jurisdiction, or within the service territory of a local publicly owned electric utility. `Electric service provider' includes the unregulated affiliates and subsidiaries of an electrical corporation, as defined in Section 218."

All of the registration requirements, and proof of financial, technical, as well as operational ability that were adopted in D.97-05-040, D.98-03-072, and D.99-05-034, were issued in the electric restructuring dockets of Rulemaking (R.) 94-04-031, and in Investigation (I.) 94-04-032. D.03-01-034 closed those two proceedings because the issues in those proceedings were either moot or were being addressed elsewhere. Since those proceedings have been closed, the AB 117 expanded registration requirement will be considered in the rate stabilization proceedings, as shown in the above captions.

2 As amended by AB 1658, § 394(a) states: "As used in this section, `electric service provider' means an entity that offers electrical service to residential and small commercial customers, but does not include an electrical corporation, as defined in Section 218, or a public agency that offers electrical service to residential and small commercial customers within its jurisdiction, or within the service territory of a local publicly owned electric utility. `Electric service provider' includes the unregulated affiliates and subsidiaries of an electrical corporation, as defined in Section 218."

Previous PageTop Of PageNext PageGo To First Page