XII. Assignment of Proceeding
Michael R. Peevey is the Assigned Commissioner and Kim Malcolm is the assigned ALJ in this proceeding.
Findings of Fact
1. AB 117 specifies regulatory procedures for the oversight of energy service providers but does not articulate similar requirements for CCAs.
2. Existing laws applicable to CCAs would protect customers by requiring CCAs to conduct open meetings, disclose relevant information to the public and be accountable to elected officials, the courts and voters.
3. The Commission may protect utility bundled customers and utility systems by requiring the utilities to include relevant conditions of service to CCAs in utility tariffs.
4. There is no evidence in this proceeding to suggest that CCAs, as government agencies, cannot be entrusted to operate a utility successfully and without the supervision of the Commission. Many cities in the State of California currently operate utilities that provide electric, gas, water, sewage and sanitation services to local residents and businesses.
5. The Commission's advice letter process is not required in order to process a CCA's implementation plan and registration with the Commission.
6. Disputes between CCAs and utilities may be able to be resolved by way of an informal facilitation or mediation procedure.
7. D.04-12-046 issued in Phase 1 of this proceeding and this order establish numerous consumer protections anticipated or required by AB 117.
8. A cost-based utility offering to include CCA customer notices in utility bills could be an efficient and effective way of notifying customers of the CCA's future plans to provide procurement services.
9. An unopened letter notifying a customer of the option to opt out of CCA service is not a proxy for a customer affirmatively declining to take CCA service.
10. AB 117 does not distinguish customers with utility commodity contracts from other customers with regard to its requirement that customers who do not opt-out of CCA service be served by the CCA.
11. Utility marketing of procurement services to CCA customers and providing information about a CCA's services and rates to customers may create conflicts of interest and costs that may not be offset by benefits.
12. "Vintaging" a CRS is the process of calculating a CRS that reflects the power purchase liabilities incurred on behalf of a specific group of customers. Because power purchase liabilities change over time, CRS vintaging would be conducted at regular intervals to reflect those changes.
13. DWR's method for calculating the CRS calculates the difference between the hourly average cost of power in the utility's procurement portfolio and the hour market price.
14. RPS costs originally incurred on behalf of CCA customers are not distinguished by AB 117 from any other type of costs for purposes of calculating the CRS.
15. The purpose of a binding notice of intent between a CCA and a utility for a CCA in-service date is to minimize utility power purchases that might later become stranded when the CCA initiates service. This notice of intent would commit the CCA to assuming any power purchase liabilities that the utility may incur if the CCA does not initiate service according to the terms of the notice.
16. A voluntary open season may provide an opportunity for CCAs to minimize risk associated with CRS amounts and for the utility to limit its exposure to the risk of purchasing unneeded power.
17. Imposing liability on utility bundled customers for all power purchases made after the date of the creation of a CCA or its filing of an implementation plan, absent a binding commitment, may require bundled customers to pay for power reasonably purchased on behalf of CCA customers.
18. Requiring a CCA to assume the risk of a load forecast for five years effectively shifts the risk from the utility to the CCA for part of the utility's forecasting activities. The utilities routinely adjust forecasts to account for lost load.
19. Open season rules that require the CCA to provide relevant information about its future customers, rate design, rate levels and services to the utility would help mitigate forecast risk.
20. A collaborative process whereby the utility and the CCA work together to develop a forecast of departing load, would help mitigate forecast risk.
21. Establishing default opt-out figures for the forecast of the first year of the CCA's operation would spread the risk for this type of forecasting uncertainty.
22. The CCA and the utility could mitigate risk associated with forecasts by agreeing in advance that the party who has too much power will sell the power to the party who is short on power.
23. In anticipation of the risk that a CCA's cut-over date is delayed, the CCA and the utility could mitigate costs with a reciprocal agreement whereby the party who has too much power will sell it at cost to the party that is short.
24. A Commission order relieving a utility of its duty to procure power for prospective CCA customers after the utility and the CCA have filed a binding notice of intent would unnecessarily add cost and delay to the CCA program.
25. R.04-04-026 is considering the extent to which CCAs must comply with RPS requirements.
26. The utilities make a convincing case that they will incur costs when new customers are added to the CCA's customer base.
27. Direct access customers currently must provide 30 days' advance notice before returning to the utility as a bundled customer and must make a three-year commitment to taking bundled utility service.
28. Tailoring the utility-CCA service agreement or the binding notice of intent to recognize specific circumstances may improve operational efficiency.
29. D.04-12-46 found the utilities may not charge CCAs for call center services until those costs are unbundled in a general rate case because the utilities are already recovering such costs as part of their revenue requirements.
30. Permitting customers to opt-out of CCA service may reduce the costs of processing that customer election.
31. Requiring the utilities to provide for a single deposit for the CCA and the utility puts the utility in the position of setting rates for the CCA.
32. Where no need for immediate action is required, there is no justification for requiring the utilities to switch over a customer from the utility to the CCA within three days.
33. If a municipality is added to or removed from the CCA, the utility's operations and the CRS could be affected.
34. CCA customers do not require 3 notices of their option to opt-out of utility service and the costs of a third notice, as the utilities propose, would be substantial.
35. The ISO has tariffs that would require certain types of information from and fees for load serving entities, such as CCAs.
36. Private aggregation could affect utility operations in ways that are unexplained by the parties to this proceeding.
37. The utilities incur costs when they conduct EDI testing.
38. Utilities may incur costs when they provide "special" (non-tariffed) services to CCAs.
39. PG&E's proposed meter data management agent meter data posting fee includes the cost of software and physical meter reading.
40. The utilities' proposed tariff provisions regarding their right to terminate CCA service without the consent of the CCA are vague and provide the utilities with too much discretion.
41. D.04-12-046 required the utilities to unbundle billing services. PG&E has not proposed an unbundled billing service that would permit CCAs to provide adequate information to customers about rates. Its proposed rate for billing service is not unbundled.
42. D.04-12-046 required that a utility's general body of customers should assume the costs of system changes required to serve CCAs, consistent with AB 117.
Conclusions of Law
1. AB 117 provides very limited jurisdiction over CCAs. Its provisions for participation in the CCA program are mostly either permissive as to the CCA or govern the Commission's regulation of the utilities in the way they offer services to the utilities or structure CCA rates so as to protect utility bundled customers.
2. Although relevant portions of AB 117 do not confer general regulatory oversight of CCAs, the Commission has authority to subpoena information and witnesses, to require information from a CCA and require its involvement in any relevant Commission inquiry, whenever germane to the Commission's obligations under AB 117.
3. AB 117 does not authorize the Commission to approve, disapprove, decertify or modify a CCA's implementation plan. AB 117 requires the CCA to file an implementation plan with the Commission and to register with the Commission before initiating electricity service to customers.
4. The Executive Director should implement a process under which disputes between a CCA and a utility may be facilitated or mediated, as required and as set forth herein.
5. The Executive Director should develop and publish instructions for CCAs and utilities that would include a timeline and describe the procedures for submitting and certifying receipt of the CCA's implementation plan, notice to customers, notice to CCAs of the appropriate CRS, and registration of CCAs. The process and timeline should be consistent with AB 117 and this order.
6. Each CCA registration packet should be required to include (1) the CCA's service agreement with the serving utility; and (2) evidence of insurance of a bond that will cover such costs as potential re-entry fees, penalties for failing to meet operational deadlines, and errors in forecasting.
7. AB 117 circumscribes the Commission's role in establishing protections for the customers of CCAs.
8. Uility tariffs are generally not appropriate vehicles for regulating the protections CCAs offer to their customers.
9. AB 117 permits the Commission to order the utilities to include CCA customer notifications in the utility's bills.
10. AB 117 requires that every customer be served by the CCA unless the customer affirmatively declines CCA service.
11. Utility tariffs should provide that every customer who does not affirmatively decline CCA service shall be served by the CCA, including customers with commodity contracts and customers whose service notification letters are returned unopened.
12. Utilities should be ordered to refrain from marketing their services to CCA customers and may not characterize a CCA's services or rates to customers except with the explicit authority of the CCA.
13. AB 117 requires the CRS include all stranded costs for power originally purchased by the utilities on behalf of CCA customers and does not make exceptions for RPS costs.
14. The CRS should include all stranded utility RPS liabilities originally incurred by the utilities on behalf of CCA customers.
15. The CRS should be calculated yearly and then trued-up for the period two years prior as information about actual utility procurement costs becomes available.
16. The utilities' proposed tariffs should not require that all customers be served by the CCA within a year of the date the CCA first offers service and should charge for these customer service phase-ins according to cost.
17. The utilities should not be permitted to procure power on behalf of CCA customers as part of their resource adequacy planning because the CCAs must assure their own resource adequacy.
18. The utilities' plan to create a voluntary open season and a binding notice of intent that specifies a CCA operational date is reasonable with the conditions set forth herein.
19. The utilities and CCAs should work collaboratively to develop forecasts for load the utilities will lose when a CCA initiates service. Utility tariffs should require that CCA's provide information about services, rates and customer groups on a confidential basis, to facilitate the development of a forecast.
20. The utilities should not be permitted to impose risk on the CCA's for the utilities' own load forecasts once the CCA has initiated service.
21. A collaborative process whereby the utility and the CCA work together to develop a forecast of departing load, would help mitigate forecast risk.
22. Where the collaboration process fails, the utilities should establish default opt-out figures for the forecast of the first year of the CCA's operation to spread the risk for this type of forecasting uncertainty.
23. The utilities should propose default opt-out percentages to be used for CCA departing load forecasts where the parties cannot agree to an estimate of opt-out customer load. Because the utility is responsible for its load forecasts, this tariff provision should not bind the CCA in any way and would be available for informational purposes only.
24. The CCA and the utility should mitigate risk associated with forecasts by agreeing in advance that the party who has too much power will sell the power to the party who is short on power. Utility tariffs should be required to include a provision whereby the utility offers to purchase power from the CCA at cost or at market rates, whichever is less, in the event the CCA's cut-over date is delayed.
25. Utility tariffs should provide that in the even the CCA delays the cut-over date from that in the binding notice of intent, the incremental costs of delay associated with power purchases are to be charged to the CCA.
26. Utility tariffs should provide that in the event the CCA's cut-over date is delayed due to acts or omissions of the utility, the utility shall assume the cost of the delay associated with power purchases. In the event the utility does not agree to its culpability, the CCA's remedy is to file a formal complaint seeking credit for the costs of delay associated with power purchases. If the CCA seeks damages, its remedy is to file suit in a court of law.
27. A binding notice of intent signed by the CCA and the utility and which specifies a date for the CCA's initiation of service should automatically relieve the utility of its obligation for purchasing power for the CCA's customers as of the specified service initiation date.
28. Utility tariffs should provide that the CCA's open season information is to remain confidential at the option of the CCA in order to assure the CCA is in a reasonable bargaining position with respect to power sellers.
29. Utility CCA tariffs should not address the extent to which CCAs must comply with RPS standards.
30. The utilities should be permitted to charge the CCASR fee when new customers are added to the CCA's customer base.
31. AB 117 requires the CCA to notify new customers of their opportunity to opt-out of CCA services.
32. New customers should be automatically assigned to the CCA unless the utility receives an opt-out request.
33. Section 366.2(c) (18) gives authority to the utilities to install, maintain and calibrate metering devices. Permitting third party vendors to conduct these services would be contrary to the statute.
34. Section 366.2(c) (9) requires the utilities to provide all relevant customer information to CCAs and prospective CCAs and the Commission has found that the statute does not permit the utilities to determine the types of customer information required by CCAs and prospective CCAs. Utility tariffs therefore may not limit access to such information.
35. Section 366.2(c) (11) requires that customers returning from the CCA to the utility be subject to the same terms and conditions appplicable to returning direct access customers. Therefore, utility tariffs should require a 30 day advance notification by the customer and a commitment for three years of bundled utility service.
36. Utility tariffs should not include call center fees until they are unbundled from the revenue requirement and otherwise approved in a general rate case.
37. Utility tariffs should include fees that reflect the costs of processing a customer who has opted out of CCA service, consistent with AB 117 which requires individual CCAs to assume the costs attributable to their programs.
38. Utility customer deposits and CCA customer deposits should be determined by the utility and the CCA respectively and should be collected separately.
39. Partial payments should first be applied to services that would be disconnected for non-payment in order to protect customers from disconnection. Remaining payment amounts should be allocated on a pro rata basis between the services of the CCA and the utility that may not be disconnected for non-payment.
40. Utilities should not be required to serve a CCA customer that the CCA wishes to return to the utility for nonpayment of CCA services.
41. Utility tariffs should require the utility to switch over a customer from the utility to the CCA within 15 days.
42. Utility tariffs should anticipate the impacts of a CCA adding or removing a municipality from the CCA's operations. The tariffs should conform this order with regard to the process for filing an implementation plan and should not require more information or procedures than this order requires when the CCA first files the implementation plan.
43. The utilities should not notify customers of their change in service to the CCA, which is the subject of two CCA notices. The utilities may include this information in their regular bill inserts but may not charge CCAs or CCA customers for it.
44. Utility tariffs should not govern the relationships between CCAs and the ISO and utilities should not be permitted to stop serving a CCA on the basis of its relationship with the ISO except by order of the Court, the Commission or the Federal Energy Regulatory Commission.
45. Utility CCA tariffs should permit private aggregation to the extent its implementation does not conflict with other utility tariffs.
46. Pursuant to Section 366.2(c) (8), the earliest possible implementation date for the CCA program was the effective date of the tariffs filed pursuant to D.04-12-046 in Phase 1 of this proceeding.
47. The utilities should be ordered to immediately effect the system changes required to satisfy their CCA tariffs.
48. The earliest possible implementation date for a CCA's provision of service should be the date of the completion of all tariffed requirements or the date the CCA and the utility agree is reasonable, whichever is later, unless an order of the Commission or a letter from the Executive Director states otherwise.
49. Consistent with AB 117 and D.04-12-046, the utilities' tariffs should specify a cost-based charge for EDI testing conducted on behalf of CCAs.
50. Utility tariffs should include charges, based on incremental costs, for special services.
51. The utilities proposed fees for metering services are reasonable except to the extent set forth herein.
52. Utility tariffs should not permit the utility to terminate a CCA's service without the express approval of the CCA unless they have an order of a court, the Commission or the FERC. Where continued CCA service would constitute an emergency or may substantially compromise utility operations or service to bundled customers, the utility should seek an emergency order from the Commission. In such cases, the assigned ALJ, in consultation with the assigned Commissioner, should be authorized to issue a ruling providing interim authority for the utility to terminate a CCA's service.
53. The utility's cost to notify CCA customers of a lawful termination of CCA service should be charged to the CCA because these are costs that would not be incurred except for the CCA's provision of service.
54. PG&E should be ordered to unbundle its billing services and rates as set forth herein. It should be permitted to charge no more than SCE's rate for "rate ready" billing services until and unless it can demonstrate that its unbundled billing services cost more than that rate.
55. PG&E should be permitted to recover the costs of unbundling its billing system from the general body of ratepayers if and only if it can demonstrate the Commission has not already authorized funding for these infrastructure changes.
IT IS ORDERED that:
1. Pacific Gas and Electric Company (PG&E), San Diego Gas & Electric Company (SDG&E), and Southern California Edison Company (SCE) shall file tariffs in compliance with this order no later than 30 days from the effective date of this order.
2. The tariffs filed by PG&E, SDG&E, and SCE in compliance with this order shall be identical to those they submitted in this proceeding and shall not include any provision, language or rate other than the changes required or authorized herein.
3. Utility tariffs shall conform to the rules for an open season as specified in Attachment B of this order.
4. Pursuant to Section 366.2(c) (8), the earliest possible implementation date for the CCA program was the effective date of the tariffs filed pursuant to D.04-12-046 in Phase 1 of this proceeding. The utilities shall immediately effect the system changes required to satisfy the tariffs.
5. The earliest possible implementation date for a CCA's provision of service is the date of the completion of all tariffed requirements or the date the CCA and the utility agree is reasonable, whichever is later, unless a Commission order or letter from the Executive Director states otherwise.
6. Utility tariffs shall not permit the utility to terminate a CCA's service without the express approval of the CCA unless the utility has an order of a court, the Commission or the FERC. Where continued CCA service would constitute an emergency or may substantially compromise utility operations or service to bundled customers, the utilities shall seek an emergency order from the Commission. In such cases, the assigned administrative law judge (ALJ), in consultation with the assigned Commissioner, is hereby authorized to issue a ruling providing interim authority for the utility to terminate a CCA's service in this or any successor docket.
7. The assigned ALJ shall convene a workshop or other appropriate forum to assure the tariffs filed by the utilities pursuant to Ordering Paragraph 1 are in conformance with this order.
8. In order to facilitate the smooth operation of the CCA where its policies, practices and decisions may affect the utility and its customers, the Executive Director shall develop and publish the steps of an informal process of review, as described herein, that provides a forum for the CCA and the utility to understand the CCA's implementation plans and assures the CCA is able to comply with utility tariffs. The process shall be mandatory at the request of either the utility or the CCA and where the request is presented in writing with a recitation of disputed items or areas of concern. The process shall implicate no approvals, either formal or informal, from the Commission. Utility tariffs shall describe the process for resolving disputes over operational issues prior to initiation of services, as set forth herein.
9. Where the CCA fails to conform to approved utility tariffs, the utility shall decline to initiate service to the CCA. If a utility refuses to facilitate the CCA's initiation of service, or declines to provide service to the CCA, it shall inform the Commission and CCA of its reasons in writing. If the CCA believes it or its customers have been improperly refused utility service, whether before a CCA's service is initiated or in a case where the utility interrupts CCA services, the CCA may file a formal complaint with the Commission, which may be litigated or mediated using our usual procedures.
10. The Executive Director shall prepare and publish instructions for CCAs and utilities that includes a timeline and describes the procedures for submitting and certifying receipt of the Implementation Plan, notice to customers, notice to CCAs of the appropriate CRS, and registration of CCAs. The process and the timeline shall be consistent with the statute and with this order. The instructions shall require that the CCA's registration packet include the CCA's service agreement with the underlying utility and evidence of insurance, self-insurance or a bond that will cover such costs as potential re-entry fees, penalties for failing to meet operational deadlines, and errors in forecasting.
11. This proceeding remains open for the Commission's consideration of implementation issues that may arise prior to the finalization of utility tariffs ordered herein and prior to the initiation of service by the first CCA.
This order is effective today.
Dated __________________________, at San Francisco, California.
Section |
Utilities' Proposal |
CCAs' Proposal |
Adopted |
III. Commission Jurisdiction Over CCAs and the CCA Program |
AB 117 intended that the Commission have authority over the CCA. |
AB 117 does not give the Commission jurisdictional authority over the CCA's, but rather, it gives the Commission ministerial responsibilities over the CCAs. |
AB 117 does not confer upon the Commission authority over CCAs or their customers. |
IV. CCA Implementation Plan and the Process for CCA Registration (Utility Tariff Section F.) |
The Commission should be able to review this plan, inquire as to its content, and if necessary, disapprove of the plan; an advice letter process and its associated formal review and approval processes should be adopted. |
Legislature did not intend for the Commission to assume the close regulatory oversight of CCA operations that the Utilities propose. |
AB 117 does not give the Commission discretion to approve or disapprove a CCA implementation plan. The Commission's Executive Director will develop steps for an informal process that will assure that the CCA is able to comply with Utility tariffs. |
V. Consumer Protection |
The Commission should adopt rules that will enable it to take action if the CCA unexpectedly changes its rates, defrauds customers, or takes part in unauthorized transfer of customers to CCAs, known as "slamming." |
The Commission has no jurisdiction over consumer complaints of rates, fraud or "slamming." |
The Commission will not provide a forum for negotiating or ruling on disputes between CCAs and their customers; section 394 exempt public agencies from submitting to the Commission's consumer complaint procedures. |
VI. 1. Customer Notice (Utility Tariff Section H. & I.) |
Customer notice should be similar to the noticed required by ESPs. |
CCAs' notice should be reviewed and approved by the Commission's public advisor. |
Customer notices will be approved by the Commission's Public Advisor; the Utilities shall give the CCAs the option to include these notices in the Utilities' bills. |
VI. 2. Customer Notice - Commodity Contracts (Utility Tariff Section H. & I.) |
Customers with commodity contracts must opt-in to be served by the CCA. |
Customers with commodity contracts must opt-out of the CCA program. |
Customers with commodity contracts must opt-out of the CCA program. |
VI. 3. Customer Notice - Marketing Service (Utility Tariff Section H. & I.) |
Utilities should not be permitted to market their services. |
Utilities shall not market their services to CCA Customers. | |
VII. 1. CRS Vintaging |
Support CRS vintaging. |
Support vintaging the CRS - but oppose the inclusion of additional costs and the inclusion of Renewable Portfolio Standard (RPS) contracts into the CRS calculation. |
The CRS shall be vintaged; the Utilities' RPS contract costs shall be included in the CRS calculations; however, resource adequacy costs incurred byt the Utilities after the CCA's cut-over date shall not be included in the CRS calculation. |
VII. 2. CRS Vintaging - Phase-ins |
Phase-ins should be completed within the first year; otherwise, CCA customers should be responsible for power Utility power liabilities until the completion of the phase-in period. |
The Utilities should not be permitted to limit phase-ins. |
The phase-in period cannot be limited. |
VIII. Open Season |
The CCA must make a binding commitment to a five-year forecast of the CCA's load, which can be modified during each year's open season. |
Object to the Utilities' proposal; CCSF calls for a cooperative load forecasting process. |
A voluntary open season is reasonable. CCA's should disclose the portion of each customer class that is subject to a cut-over and to provide all relevant customer information, subject to a nondisclosure agreement, such as: the number of customers, rate design, special contracts. |
IX. Renewable Portfolio Standard |
CCAs should be subject to the same requirements as the Utilities. |
PU Code Section 387 requires RPS standards to be implemented and enforced by the local governing body of a Public Utility, which should include CCAs. |
The CCAs need to identify in their implementation plans how they intend to comply with the RPS requirements. This matter will be resolved in R. 04-04-026 |
X. 1. Treatment of New Customers |
The Utility must generate a CCASR for all customers, otherwise these customers will be assigned to the Utility's bundled service. |
New customers should automatically be enrolled as CCA customers and not be subject to CCASR costs. |
New customers must be automatically assigned to CCAs and pay for each CCASR, if it is necessary. |
X. 2. Boundary Metering (Utility Tariff Section O.) |
The Utilities should install, maintain and calibrate metering devices. |
CCAs' vendors should undertake boundary metering activities. |
The Utilities shall install, maintain and calibrate metering devices - not the CCAs' vendors. |
X. 3. Customer Information |
The Utilities do not need to provide contact and energy usage data for all customers within the CCAs' service territory in advance of the mass enrollment process. |
The Utilities must provide to the CCAs all customer and usage data before the CCAs begin offering service. | |
X. 4. Customer Switching Rules |
Believe that the CCAs' proposal is unlawful. |
CCA customers that switch to Utility bundled service should be committed to that service for one year. |
CCAs returning to Utility bundled service must make a three-year commitment to the Utility. |
X. 5. The Utility-CCA Service Agreement |
Do not object to this service agreement. |
Do not object to this service agreement. |
The draft service agreement appended to the Utilities' tariffs can be tailored by mutual agreement between the Utility and the CCA and will memorialize the CCA's initiation of service. |
X. 6. Call Center Fees |
CCA customers need to pay these fees whenever they call the Utility seeking information. |
Oppose these fees because the Utilities are already reimbursed for such costs. |
Call center fees will not be collected from CCA customers at this time; Utilities should address this in general rate cases. |
X. 7. Opt-Out Fees |
Should be charged (decision is not clear on whether opt-out fee should be charged to the CCA or to the customer wishing not to opt out). |
Object to the Utilities' proposal. |
CCAs need to pay for the Opt-Out Fees. |
X. 8. a. Customer Deposits |
CCA customers should pay deposits separately to the CCA. |
Each Utility and each CCA needs to collect its own deposit. | |
X. 8. b. Partial Payment |
Partial payments need to first be allocated to pay off services for which customers could be disconnected. |
Support prorating partial payments between CCA and Utility service. |
Partial payments should first be allocated to paying for dis-connectable services and then, on a prorated basis, to other utility and CCA services. |
X. 8. c. Termination of Service |
CCAs should not be permitted to return a customer to the Utility for nonpayment. |
CCAs may not return a CCA customer for to Utility bundled service for nonpayment of CCA services. | |
X. 9. CCASR Processing (Utility Tariff Section M. 11) |
Utilities need a 15 day lead-time to process a switch-over request when matter is not urgent. |
Utilities should take three days to process a switch-over. |
A 15 day lead-time is appropriate to switch-over a customer. |
X. 10. Changing Municipalities in the CCA Plan |
The Utilities' tariffs include a detailed description of how the CCA may add/remove a City or County. |
The CCAs object to this section of the Utilities tariffs. |
The Utilities' tariffs should include a process for recognizing a change in CCA's customer base |
X. 11. Confirmation Letters (Utility Tariff Section I.7) |
Requires that the Utility send a formal notification of customer service, for which it would charge $0.40 per customer, levied on each customer that does not opt-out of the CCA's service. |
No Utility notification is required. |
This additional notification is not necessary. |
X. 12. Scheduling Coordinator Requirements (Utility Tariff Section B. 3. c) |
CCA must identify its scheduling coordinator(s) to the ISO. |
AB 117 does not require the CCAs to identify their scheduling coordinator(s). |
Utility tariffs may not require the CCAs to identify their scheduling coordinator(s). |
X. 13. Load Aggregation (Utility Tariff Section B.8) |
Object to the CCAs' proposal. |
Would allow CCA customers to aggregate load without reference to existing tariff restrictions. |
Private aggregation is permitted to the extent its implementation does not conflict with Utility tariffs. |
X. 14. Notice of Program Implementation |
A six month advance notice should be given to the Utility by the first CCA that provides service. |
The CCA's service implementation should occur no later than 30 days after the Commission' notice of receipt of the CCA's implementation plan. |
Immediate action must be taken by the Utilities in order to make the system changes required once the tariffs are completed or there is a Utility/CCA agreement; prior notice by a CCA is unnecessary. |
X. 15. Electronic Data Interchange Testing (Utility Tariff Section F.5.d) |
CCAs need to pay for EDI testing. |
Object to paying for the EDI testing process. |
Each CCA needs to pay for EDI testing. |
X. 16. Specialized Service Requests (Utility Tariff Section E.1) |
Supports charging hourly rates for specialized services to a CCA. |
Utilities should not charge for services that are not provided to other commodity service providers. |
The Utilities can charge for specialized services at cost based rates. |
X. 17. Metering Fees |
Would charges CCAs $9.28 per interval meter per month. |
Object to paying $9.28 per interval meter per month. |
CCAs need to pay $9.28 per interval meter per month. |
X. 18. Involuntary CCA Service Termination (Utility Tariff Section T.2 |
The costs of notice to customers of termination should be billed to the CCA. |
The costs of notice to customers of termination should be billed to the CCA. | |
X. 18. Involuntary CCA Service Termination (Utility Tariff Section T.3) |
Utilities should be allowed to terminate a CCA's service for various reasons, including failure to comply with tariff and ISO requirements. |
The Utilities should not have authority to terminate CCA service. |
The Utilities cannot include language in their tariffs that gives them the discretion to terminate a CCA's service, except in the event of an emergency. |
X. 19. Net Metering |
Object to the net metering option for CCAs and their customers. |
Net metering should be addressed in R. 04-03-017. | |
X. 20. Rate Ready Billing |
PG&E limits CCA's rate structures to two tiers; SDG&E and SCE offer billing service that is not opposed by CCAs. |
Object to the PG&E's proposal; prefer an option to elect to have PG&E bill each of the CCA's rates. |
PG&E shall develop a billing service that is unbundled, similar to SCE's and SDG&E's respective billing service. |
X. 21. Services Funded By Bundled Rates (Utility Tariff Section B. 2) |
The language that contains this proposal is unnecessary. |
The Utilities should include language in their tariffs that provide CCA services supported by bundled rates until funds/service obligation is transferred to a CCA. |
The Utilities must continue to provide tariffed services until the Commission decides otherwise - however, there is no reason to include such language in the Utilities' tariffs. |
X. 22. California Alternative Rate of Energy (CARE) Discount |
CCA customers should receive the CARE discounts; ratemaking for this policy should be implemented in future rate design proceedings. |
Do not object to the Utilities' proposal and believe that the CARE discount should be addressed in each CCA's respective tariff filing. |
The Utilities should continue to provide CARE discounts to all qualifying CCA customers. |
X. 23. "In-Kind" Power |
DWR and interested CCAs can seek reasonable arrangements to take DWR power. | ||
X. 24. Bill Ready Billing |
PG&E offers a manual version of this service; SDG&E and SCE offer an automated version of this service. |
Objects this service from PG&E because it is too expensive. |
PG&E shall develop an automated billing system that is akin to the system implemented by the other two Utilities, within 12 months; PG&E may charge the same rate as SCE charges for this service. |
(END OF ATTACHMENT A)
Participation in this Rule by a Community Choice Aggregator (CCA) is voluntary. The purpose of this rule is to provide [Utility] with early notice of the planned implementation date of a CCA program.3
A CCA may elect to participate in the Open Season, as defined below, for the purpose of mitigating the Cost Responsibility Surcharge (CRS), as designated in Schedule CCA-CRS, that would apply to that CCA's customers absent its participation in the Open Season, and to enable the coordination of resource planning activities of [Utility] and the participating CCA. Nothing in this Rule shall be construed to modify the requirements of Public Utilities Code Section 366.2(d), (e) and (f).
A. CCA Open Season
The CCA Open Season will be from January 1 through [February 15, or March 1 if Load Serving Entity Load Forecast submittals to the California Energy Commission (CEC) are due May 1 or later] of each year.
1. Binding Notice of Intent (BNI)
During the Open Season CCAs will be allowed to submit to the California Public Utilities Commission (Commission) and [Utility], a Binding Notice of Intent (BNI) to serve specified customer classes on a specific date. [Utility] can then rely upon the BNI in making procurement decisions to meet its load and resource adequacy requirements, and enable the coordination of resource planning activities of [Utility] and the CCA submitting the BNI (Participating CCA). The BNI shall indicate, in specific detail, the classes of customers to which the CCA intends to offer service.4 The BNI shall be self-executing, in that [Utility] may rely on such notice to modify its procurement activities without further action by the Commission. Participating CCAs will be exempt from any CRS related to [Utility] procurement contracts and generation assets acquired after the BNI is submitted. [Utility] will assume liability going forward for those utility procurement and generation obligations assumed after the Participating CCA has provided its BNI. A CCA that elects not to participate in an Open Season assumes liability for net unavoidable utility and Department of Water Resources procurement and generation obligations that were in place until the time the CCA began its operations.
The specified date will refer to the first day that the CCA assumes responsibility for the purchase of the electrical power requirements of CCA customers transferred from Utility service during CCA mass enrollment. By submitting the BNI, the Participating CCA will be bound to accept [Utility] transfer of customers that have not opted-out, subject to provisions in Section B, for electrical power supply services on that date, which will be the first day of the CCA mass enrollment period. The CCA will develop, in consultation with [Utility], a load forecast for the year it intends to commence service, as described in Section 3 below. Participating CCAs assume responsibility for the planning and purchase of its customers' electrical power requirements as provided for in the CCA load forecast. The load forecast will be used to enable the coordination of resource planning activities of [Utility] and the CCA.
2. CCA Forecast
Each Participating CCA shall meet and confer with [Utility] upon submission of its BNI to develop a Load Forecast for the CCA for the year it commits to commence service. To the greatest extent possible the Participating CCA and [Utility] shall collaborate in developing this load forecast by providing the following information: the CCA's description of the customer classes or subsets of the customer classes to which it intends to offer service; a description of the terms and conditions of CCA service; CCA/[Utility] rate forecasts for the year the CCA commences service, [Utility] estimates of bundled customers who do not qualify for CCA mass enrollment including [Utility] updates on near-term efforts to promote programs that would increase this category of customers; and information either the CCA or [Utility] has received regarding customer intent to opt-out of the CCA program. This CCA Load Forecast will be used to adjust [Utility's] bundled load forecast for submittal to the Commission in its Long Term Procurement Plan and to the CEC by [Date to be determined in R.04-04-003] of each year, for resource adequacy verification. The CCA Forecast will be considered final on the date submitted to the CEC, subject to modifications described below in Section B, Adjustments to Forecasts. Such forecast must include the same information and be provided in the same format as required by the CEC or the Commission in accordance with the requirements established for the resource adequacy and integrated energy policy report filings. The CCA Forecast must include the forecast number of customers by rate class that the CCA expects to serve. Unless the CCA and [Utility] otherwise agree, the CCA Load Forecast shall be based on the default assumptions regarding the percentage of customers in the various classes that may opt out of CCA service established by the Commission.
3. CCA Default on Binding Notice of Intent
If the CCA fails to commence service on the date stated in the Binding Notice of Intent, or fails to offer service in good faith to all classes of customers stated in that Notice, the CCA will be required to reimburse [Utility], upon demonstration in a filing with the Commission, for any incremental costs associated with utility procurement, as described in Section 6 below, resource adequacy penalties, or any other utility costs that are incurred as a result of CCA's default. However, the CCA or its customers will not be subject to any costs incurred by the Utility as a result of the CCA's failure to commence service on the date specified if the reason for that non-performance relates to a failure of the utility to meet its commitments to the CCA.
4. Potential Penalties for Deviating From CCA Binding Notice of Intent
If the CCA fails to meet its commencement of service date or fails to offer service in good faith to all customer classes stated in the Notice of Intent, [Utility] shall make a filing with the Commission detailing the incremental costs it incurred as a result of the CCA's failure to fulfill its commitment, for Commission determination of a CCA penalty. The potential penalty to the CCA shall not exceed the would-be transferred load that [Utility] must continue to serve times the difference between [Utility]'s incremental per/kWh cost of acquiring the energy and capacity to serve the load not served by the CCA, and the average cost of [Utility]'s procurement portfolio. This penalty will be calculated on a per day basis for every day that the CCA deviates from the date provided in its Binding Notice of Intent. The CCA shall not be entitled to a credit if [Utility]'s per/kWh cost of serving the load not served by the CCA is below the average cost of [Utility]'s procurement portfolio.
B. Adjustments to Forecasts
In a subsequent Open Season that takes place prior to the CCA commencing service to its customers, the Participating CCA may update its service commencement date. To the extent the CCA and [Utility] have collaborated on the load forecast as described above, the CCA and [Utility] shall provide updates to load forecasting data, such as projected rate or service changes, as they become available in advance of the CCA commencement date. This data shall be used solely to refine the collaborative load forecast when necessary. The CEC may also make adjustments to the CCA's Forecast as part of its review of all Load Serving Entity forecasts in the resource adequacy process. The CCA must satisfy [Utility] credit worthiness standards (which may include provision of adequate security or other assurance) to cover the amount of any potential penalties.
C. Open Season Phase-In Requirements
In the event a CCA elects to phase-in its service and participate in the Open Season, the CCA shall provide in its Binding Notice of Intent the schedule by which it intends to phase-in service. The CCA shall be required to accept the transfer of customers on the dates provided for each phase of its implementation unless it provides an adjustment in a subsequent Open Season period. The CCA load forecast shall reflect the incremental changes in CCA load as a result of phasing implementation. All other provisions of the Open Season tariff, including penalties for default and confidentiality, apply to participating CCAs that elect to phase-in implementation.
D. CCA Open Season Participation Confidentiality
Due to both the binding nature of the CCA commitment to serve customers on a specified date and the potential penalties a CCA may incur if it fails to fulfill its responsibility to prepare for timely commencement of service under this tariff, there is a potential to create market power for suppliers responding to a CCA's solicitation to provide electric power services. In order to prevent the possibility that participation in this tariff may create market power for potential CCA suppliers, all information concerning CCA participation in this tariff will be confidential. Use of information provided by either the CCA or [Utility] for purposes of load forecasting shall be limited solely for the purposes of the collaborative load forecast. Access to load forecasting information shall be restricted to authorized CCA/[Utility] staff assigned to prepare the load forecasts for submission to the CEC, and the Commission and CEC staff assigned to review such forecasts.
(END OF ATTACHMENT B)
AB 117
Public Utilities Code
366.2. (a) (1) Customers shall be entitled to aggregate their
electric loads as members of their local community with community
choice aggregators.
(2) Customers may aggregate their loads through a public process
with community choice aggregators, if each customer is given an
opportunity to opt out of their community's aggregation program.
(3) If a customer opts out of a community choice aggregator's
program, or has no community choice program available, that customer
shall have the right to continue to be served by the existing
electrical corporation or its successor in interest.
(b) If a public agency seeks to serve as a community choice
aggregator, it shall offer the opportunity to purchase electricity to
all residential customers within its jurisdiction.
(c) (1) Notwithstanding Section 366, a community choice aggregator
is hereby authorized to aggregate the electrical load of interested
electricity consumers within its boundaries to reduce transaction
costs to consumers, provide consumer protections, and leverage the
negotiation of contracts. However, the community choice aggregator
may not aggregate electrical load if that load is served by a local
publicly owned electric utility, as defined in subdivision (d) of
Section 9604. A community choice aggregator may group retail
electricity customers to solicit bids, broker, and contract for
electricity and energy services for those customers. The community
choice aggregator may enter into agreements for services to
facilitate the sale and purchase of electricity and other related
services. Those service agreements may be entered into by a single
city or county, a city and county, or by a group of cities, cities
and counties, or counties.
(2) Under community choice aggregation, customer participation may
not require a positive written declaration, but all customers shall
be informed of their right to opt out of the community choice
aggregation program. If no negative declaration is made by a
customer, that customer shall be served through the community choice
aggregation program.
(3) A community choice aggregator establishing electrical load
aggregation pursuant to this section shall develop an implementation
plan detailing the process and consequences of aggregation. The
implementation plan, and any subsequent changes to it, shall be
considered and adopted at a duly noticed public hearing. The
implementation plan shall contain all of the following:
(A) An organizational structure of the program, its operations,
and its funding.
(B) Ratesetting and other costs to participants.
(C) Provisions for disclosure and due process in setting rates and
allocating costs among participants.
(D) The methods for entering and terminating agreements with other
entities.
(E) The rights and responsibilities of program participants, including, but not limited to, consumer protection procedures, credit issues, and shutoff procedures.
(F) Termination of the program.
(G) A description of the third parties that will be supplying electricity under the program, including, but not limited to, information about financial, technical, and operational capabilities.
(4) A community choice aggregator establishing electrical load aggregation shall prepare a statement of intent with the implementation plan. Any community choice load aggregation established pursuant to this section shall provide for the following:
(A) Universal access.
(B) Reliability.
(C) Equitable treatment of all classes of customers.
(D) Any requirements established by state law or by the commission
concerning aggregated service.
(5) In order to determine the cost-recovery mechanism to be imposed on the community choice aggregator pursuant to subdivisions (d), (e), and (f) that shall be paid by the customers of the community choice aggregator to prevent shifting of costs, the community choice aggregator shall file the implementation plan with the commission, and any other information requested by the commission that the commission determines is necessary to develop the cost-recovery mechanism in subdivisions (d), (e), and (f).
(6) The commission shall notify any electrical corporation serving the customers proposed for aggregation that an implementation plan initiating community choice aggregation has been filed, within 10 days of the filing.
(7) Within 90 days after the community choice aggregator establishing load aggregation files its implementation plan, the commission shall certify that it has received the implementation plan, including any additional information necessary to determine a cost-recovery mechanism. After certification of receipt of the implementation plan and any additional information requested, the commission shall then provide the community choice aggregator with its findings regarding any cost recovery that must be paid by customers of the community choice aggregator to prevent a shifting of costs as provided for in subdivisions (d), (e), and (f).
(8) No entity proposing community choice aggregation shall act to furnish electricity to electricity consumers within its boundaries until the commission determines the cost-recovery that must be paid by the customers of that proposed community choice aggregation program, as provided for in subdivisions (d), (e), and (f). The commission shall designate the earliest possible effective date for implementation of a community choice aggregation program, taking into consideration the impact on any annual procurement plan of the electrical corporation that has been approved by the commission.
(9) All electrical corporations shall cooperate fully with any community choice aggregators that investigate, pursue, or implement community choice aggregation programs. Cooperation shall include providing the entities with appropriate billing and electrical load data, including, but not limited to, data detailing electricity needs and patterns of usage, as determined by the commission, and in accordance with procedures established by the commission. Electrical corporations shall continue to provide all metering, billing, collection, and customer service to retail customers that participate in community choice aggregation programs. Bills sent by the electrical corporation to retail customers shall identify the community choice aggregator as providing the electrical energy component of the bill. The commission shall determine the terms and conditions under which the electrical corporation provides services to community choice aggregators and retail customers.
(10) (A) A city, county, or city and county that elects to implement a community choice aggregation program within its jurisdiction pursuant to this chapter shall do so by ordinance.
(B) Two or more cities, counties, or cities and counties may participate as a group in a community choice aggregation pursuant to this chapter, through a joint powers agency established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, if each entity adopts an ordinance pursuant to subparagraph (A).
(11) Following adoption of aggregation through the ordinance described in paragraph (10), the program shall allow any retail customer to opt out and to continue to be served as a bundled service customer by the existing electrical corporation, or its successor in interest. Delivery services shall be provided at the same rates, terms, and conditions, as approved by the commission, for community choice aggregation customers and customers that have entered into a direct transaction where applicable, as determined by the commission. Once enrolled in the aggregated entity, any ratepayer that chooses to opt out within 60 days or two billing cycles of the date of enrollment may do so without penalty and shall be entitled to receive default service pursuant to paragraph (3) of subdivision (a). Customers that return to the electrical corporation for procurement services shall be subject to the same terms and conditions as are applicable to other returning direct access customers from the same class, as determined by the commission, as authorized by the commission pursuant to this code or any other provision of law. Any reentry fees to be imposed after the opt-out period specified in this paragraph, shall be approved by the commission and shall reflect the
cost of reentry. The commission shall exclude any amounts previously determined and paid pursuant to subdivisions (d), (e), and (f) from the cost of reentry.
(12) Nothing in this section shall be construed as authorizing any city or any community choice retail load aggregator to restrict the ability of retail electricity customers to obtain or receive service from any authorized electric service provider in a manner consistent with law.
(13) (A) The community choice aggregator shall fully inform participating customers at least twice within two calendar months, or 60 days, in advance of the date of commencing automatic enrollment. Notifications may occur concurrently with billing cycles. Following enrollment, the aggregated entity shall fully inform participating customers for not less than two consecutive billing cycles. Notification may include, but is not limited to, direct mailings to customers, or inserts in water, sewer, or other utility bills. Any notification shall inform customers of both of the following:
(i) That they are to be automatically enrolled and that the customer has the right to opt out of the community choice aggregator without penalty.
(ii) The terms and conditions of the services offered.
(B) The community choice aggregator may request the commission to approve and order the electrical corporation to provide the notification required in subparagraph (A). If the commission orders the electrical corporation to send one or more of the notifications required pursuant to subparagraph (A) in the electrical corporation's normally scheduled monthly billing process, the electrical corporation shall be entitled to recover from the community choice aggregator all reasonable incremental costs it incurs related to the notification or notifications. The electrical corporation shall fully cooperate with the community choice aggregator in determining the feasibility and costs associated with using the electrical corporation's normally scheduled monthly billing process to provide one or more of the notifications required pursuant to subparagraph (A).
(C) Each notification shall also include a mechanism by which a ratepayer may opt out of community choice aggregated service. The opt out may take the form of a self-addressed return postcard indicating the customer's election to remain with, or return to, electrical energy service provided by the electrical corporation, or another straightforward means by which the customer may elect to derive electrical energy service through the electrical corporation providing service in the area.
(14) The community choice aggregator shall register with the commission, which may require additional information to ensure compliance with basic consumer protection rules and other procedural matters.
(15) Once the community choice aggregator's contract is signed, the community choice aggregator shall notify the applicable electrical corporation that community choice service will commence within 30 days.
(16) Once notified of a community choice aggregator program, the electrical corporation shall transfer all applicable accounts to the new supplier within a 30-day period from the date of the close of their normally scheduled monthly metering and billing process.
(17) An electrical corporation shall recover from the community choice aggregator any costs reasonably attributable to the community choice aggregator, as determined by the commission, of implementing this section, including, but not limited to, all business and information system changes, except for transaction-based costs as described in this paragraph. Any costs not reasonably attributable to a community choice aggregator shall be recovered from ratepayers, as determined by the commission. All reasonable transaction-based costs of notices, billing, metering, collections, and customer communications or other services provided to an aggregator or its customers shall be recovered from the aggregator or its customers on terms and at rates to be approved by the commission.
(18) At the request and expense of any community choice aggregator, electrical corporations shall install, maintain and calibrate metering devices at mutually agreeable locations within or adjacent to the community aggregator's political boundaries. The electrical corporation shall read the metering devices and provide the data collected to the community aggregator at the aggregator's expense. To the extent that the community aggregator requests a metering location that would require alteration or modification of a circuit, the electrical corporation shall only be required to alter or modify a circuit if such alteration or modification does not compromise the safety, reliability or operational flexibility of the electrical corporation's facilities. All costs incurred to modify circuits pursuant to this paragraph, shall be born by the community aggregator.
(d) (1) It is the intent of the Legislature that each retail end-use customer that has purchased power from an electrical corporation on or after February 1, 2001, should bear a fair share of the Department of Water Resources' electricity purchase costs, as well as electricity purchase contract obligations incurred as of the effective date of the act adding this section, that are recoverable from electrical corporation customers in commission-approved rates. It is further the intent of the Legislature to prevent any shifting of recoverable costs between customers.
(2) The Legislature finds and declares that this subdivision is consistent with the requirements of Division 27 (commencing with Section 80000) of the Water Code and Section 360.5, and is therefore declaratory of existing law.
(e) A retail end-use customer that purchases electricity from a community choice aggregator pursuant to this section shall pay both of the following:
(1) A charge equivalent to the charges that would otherwise be imposed on the customer by the commission to recover bond related costs pursuant to any agreement between the commission and the Department of Water Resources pursuant to Section 80110 of the Water Code, which charge shall be payable until any obligations of the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code are fully paid or otherwise discharged.
(2) Any additional costs of the Department of Water Resources, equal to the customer's proportionate share of the Department of Water Resources' estimated net unavoidable electricity purchase contract costs as determined by the commission, for the period commencing with the customer's purchases of electricity from the community choice aggregator, through the expiration of all then existing electricity purchase contracts entered into by the Department of Water Resources.
(f) A retail end-use customer purchasing electricity from a community choice aggregator pursuant to this section shall reimburse the electrical corporation that previously served the customer for all of the following:
(1) The electrical corporation's unrecovered past undercollections for electricity purchases, including any financing costs, attributable to that customer, that the commission lawfully determines may be recovered in rates.
(2) Any additional costs of the electrical corporation recoverable in commission-approved rates, equal to the share of the electrical corporation's estimated net unavoidable electricity purchase contract costs attributable to the customer, as determined by the commission, for the period commencing with the customer's purchases of electricity from the community choice aggregator, through the expiration of all then existing electricity purchase contracts
entered into by the electrical corporation.
(g) (1) Any charges imposed pursuant to subdivision (e) shall be the property of the Department of Water Resources. Any charges imposed pursuant to subdivision (f) shall be the property of the electrical corporation. The commission shall establish mechanisms, including agreements with, or orders with respect to, electrical corporations necessary to ensure that charges payable pursuant to this section shall be promptly remitted to the party entitled to payment.
(2) Charges imposed pursuant to subdivisions (d), (e), and (f) shall be nonbypassable.
(h) Notwithstanding Section 80110 of the Water Code, the commission shall authorize community choice aggregation only if the commission imposes a cost-recovery mechanism pursuant to subdivisions (d), (e), (f), and (g). Except as provided by this subdivision, this section shall not alter the suspension by the commission of direct purchases of electricity from alternate providers other than by community choice aggregators, pursuant to Section 80110 of the
Water Code.
(i) (1) The commission shall not authorize community choice aggregation until it implements a cost-recovery mechanism, consistent with subdivisions (d), (e), and (f), that is applicable to customers that elected to purchase electricity from an alternate provider between February 1, 2001, and January 1, 2003.
(2) The commission shall not authorize community choice aggregation until it submits a report certifying compliance with paragraph (1) to the Senate Energy, Utilities and Communications Committee, or its successor, and the Assembly Committee on Utilities and Commerce, or its successor.
(3) The commission shall not authorize community choice aggregation until it has adopted rules for implementing community choice aggregation.
(j) The commission shall prepare and submit to the Legislature, on or before January 1, 2006, a report regarding the number of community choices aggregations, the number of customers served by community choice aggregations, third party suppliers to community choice aggregations, compliance with this section, and the overall effectiveness of community choice aggregation programs.
(END OF ATTACHMENT C)
Below is a description of the sequence of steps that will be taken by the CCA, and the California Public Utilities Commission, in the CCA implementation process. Note the day that the CCA files its implementation plan will demark "day one" of the implementation process. Parties should also note when submitting their implementation plan that the Open Season will be held from January 1st through February 15th of each year; if the Load Serving Entity's forecast submittal to the California Energy Commission is due on May 1st or later, the Open Season will be extended to March 1st.
DAY 1:
(1) The CCA is to submit two copies of its implementation plan to the CPUC's Energy Division, in addition to servicing a notice on all parties to the R.03-10-003 service list.
DAY 1 - 10:
(1) The CPUC will notify the Utility servicing the customers that are proposed for aggregation that an implementation plan initiating their CCA program has been filed. (P.U. Code Section 366.2 (c) (6))
DAY 1 - 60:
(1) CCA is to provide a draft customer notice to CPUC's Public advisor.
(2) Within 15 days of the CCA providing a draft notice to the CPUC's Public Advisor, the Public Advisor shall finalize the CCA notice.
DAY 1 - 90:
(1) The CPUC will certify that it has received the implementation plan, including any additional information that the CPUC deems necessary in order to determine a cost-recovery mechanism. (P.U. Code Section 366.2 (c) (7))
a. If and when the CPUC requests additional information from a CCA, the CCA shall respond to the staff within 10 days, or notify the staff of a date when the information will be available.
(2) The CPUC will provide the CCA with its findings regarding any cost recovery that must be paid by customers of the CCA in order to prevent cost shifting. (P.U. Code Section 366.2 (c) (7))
(3) The CCA and the Utility may engage in a facilitation process with regards to the CCA's ability to conform its operations to the Utility's tariff requirements.
WITHIN 60 DAYS OF THE CCA'S COMMENCEMENT OF ITS AUTOMATIC CUSTOMER ENROLLMENT:
(1) The CCA shall send its first notice to the prospective customers describing the terms and conditions of the services being offered and the customer's opt-out opportunity prior to commencing its automatic enrollment. (P.U. Code Section 366.2 (c) (13) (A))5
WITHIN 30 DAYS OF THE CCA'S AUTOMATIC CUSTOMER ENROLLMENT:
(1) The CCA shall send a second notice to the prospective customers describing the terms and conditions of the services being offered and the customer's opt-out opportunity prior to commencing its automatic enrollment. (P.U. Code Section 366.2 (c) (13) (A))
(2) The CPUC will send a letter to the CCA, copied to serving Utility, notifying it that it has been registered as a CCA. (P.U. Code Section 366.2 (c) (13) (A))
(3) Once the CCA contract is signed, the CCA shall notify the applicable Utility that CCA service will commence within 30 days. (P.U. Code Section 366.2 (c) (15))
(4) Once notified of a CCA program, the Utility shall transfer all applicable accounts to the new supplier within a 30-day period from the date of the close of their normally scheduled monthly metering and billing process. (P.U. Code Section 366.2 (c) (16))
FOLLOWING THE CCA'S AUTOMATIC CUSTOMER ENROLLMENT:
(1) The CCA shall inform participating customers for no less than two consecutive billing cycles that:
a. They have been automatically enrolled into the CCA program and that each customer has the right to opt out of the CCA program without penalty. (P.U. Code Section 366.2 (c) (13)(A)(i))
b. Terms and conditions of the services being offered. (P.U. Code Section 366.2 (c) (13)(A)(ii))
(END APPENDIX D)
Scott Wentworth, P.E. |
Lynn Haug |
Randall W. Keen |
Raymond Lee |
|
|
Jennifer Shigekawa |
Ronald Moore |
(END OF APPENDIX A)
Malcolm Notice of Availability
3 Nonparticipation in this rule by a CCA in no way relieves [Utility ] of its obligation to engage in sound resource planning and to cooperate fully with any potential CCA program implementation.
4 Pub. Util. Code § 366.2(b) requires CCAs to offer service to all residential customers within its jurisdiction.
5 The CCA may request that the CPUC approve and order the Utility to send one or more of the notifications called for in P.U. Code Section 366.2 (c) (A) in the Utility's normally scheduled monthly billing process. The Utility would be entitled to recover from the CCA all reasonable incremental costs it incurs related to the notification(s). (P.U. Code Section 366.2 (c) (B)).
