Discussion

We conclude that Corona's interpretation of D.02-03-055 as to the meaning underlying Criterion 1 and 2 is incorrect. Corona's proposed changes to D.02-03-055 are not a clarification, as Corona suggests, but a modification of the clearly stated policy and criteria established in that decision. Corona has not demonstrated any changed circumstances or need to modify our prior decision.

Corona requests that the Commission modify D.02-03-055 to state that the modification is necessary to "...give existing direct access customers needed flexibility in the even the customer chooses to switch to a new ESP." However, there is no evidence that this is necessary. There has been no showing that a shortage of ESPs exists, or that direct access customers have little choice among ESPs. Corona's requested modification is therefore unsupported by the record in this proceeding, and is not necessary to allow DA customers to switch from one ESP to another, and to allow assignment of DA contracts from one ESP to another.

No useful purpose is served by delaying Commision action on Corona's Peititon until a decision on the pending rehearing of issues identified in D.02-04-067. As noted by Corona, the rehearing issue relates to customers' ability to switch between DA and bundled service. The rehearing issue in D.02-04-067 is independent of the issue raised in Corona's Petition which involves giving existing DA customers flexibility to sign up with ESPs. Accordingly, Corona's Petition for Modification of D.02-03-055 is denied.