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Remedies Cumulative.

Assignment.

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Third-Party Beneficiaries.

Governing Law.

Section Headings.

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Attachments.

ATTACHMENT A

CONSOLIDATED BILLING SERVICES

Section 1. Establishment and Maintenance of Consolidated Billing.

Section 2. Customer Billing Procedures.

2.1. Compliance with Metering Standards.

2.2. Presentation of IOU's NBCs on Consolidated Bill.

2.3. Adjustments to IOU NBCs.

2.4. Format of Consolidated Bills.

2.5. Customer Notices.

2.6. Delivery.

Section 3. Customer Payments.

Section 4. Collection and Nonpayment.

4.1. Collection of IOU's NBCs.

4.2. Termination of Customer's Electrical Service.

Section 5. Taxes and Fees Service.

Section 6. Late Payments.

Section 7. Reimbursement of POU Costs.

7.1. Charges for Consolidated Billing Service. The Set-Up Fees and Recurring Fees set forth below are POU's estimate of its costs of providing Consolidated Billing Service as described in Sections __ and __ of the Agreement. POU shall have no obligation to track the actual costs for Recurring Services and items where the cost of tracking is burdensome or requires the development of new cost-accounting procedures. The foregoing sentence notwithstanding, if the responsible manager at POU becomes aware that the actual costs of providing such services are 10% greater or less than the estimates set forth below, POU shall give IOU written notice of (1) the reason(s) for such greater or lesser costs, and (2) POU's revised estimate of the Set-Up Fees and/or Recurring Fees corresponding to such greater or lesser costs. Upon receipt of such notice, IOU may either accept the revised fees or, in cooperation with POU, examine alternatives for reducing fees. Upon IOU's agreement, not to be unreasonably delayed or withheld, revised Set-Up Fees and/or Recurring Fees shall be effective. IOU agrees that Set-Up Fees and Recurring Fees, as set forth below or in a notice given pursuant to this Section ___, shall be due and payable as provided in Section ___ of the Agreement.

a. Set-Up Fees. The Set-Up Fees for programming POU's billing and related customer care systems to implement Consolidated Billing Service, for modifying POU's electronic data interchange system to implement Consolidated Billing Service, and for implementing facilities and procedures for fielding Customer inquiries regarding IOU's NBCs pursuant to Section ___, will total ___. The basis for this fee is set forth in Table 1 to this Attachment A.

b. Recurring Fees. The Recurring Fees for processing Remittances and fielding Customer inquiries regarding IOU's NBCs will total ___ in 2005 and ___ per calendar year in each subsequent year.

c. Invoicing; Payment. POU will invoice IOU for, and IOU agrees to pay such invoiced Fees, in the manner set forth in Section __ of the Agreement. Subject to the foregoing sentence, each invoice will:

(1) include or enclose documentation showing the basis of such Fees, provided, however, that where providing such documentation would be burdensome, the relevant invoice(s) may instead disclose POU's reasonable method of approximating the Fees;

(2) specify POU's hourly labor rates and estimated total hours for completion of a given task; and

(3) include or enclose invoices/vendor receipts for equipment purchases.

IOU shall not unreasonably withhold or delay approval or payment of any invoiced Fees.

d. Contact for Invoices. Invoices shall be addressed to:

Attn: [INSERT]

ATTACHMENT A - TABLE 1

 

SETUP

  

RECURRING

Items

2005

  

2005

2006

2007

2008

Billing Systems Programming:

Analysis and design, programming, unit and system testing for multiple billing systems and programming to display NBCs on Customer bills.

[insert]

          
             

Revenue Reporting and Remittance Processes:

Following initial modifications to revenue reporting processes and development of new reports, ongoing costs include monthly revenue reporting and invoice processing.

            

Call Center Training:

Development and delivery of training materials for Customer contact personnel.

Training labor

Development and Materials

            

Total Costs

            

ATTACHMENT B

NBC REMITTANCE DETAILS

[Need to fill in]

ATTACHMENT C

REPRESENTATIVES AND CONTACTS

A. Parties' Representatives:

B. Contact Persons:

R. 02-01-011

Working Group to Calculate CRS Obligations associated with Municipal Departing Load and Direct Access

April 12, 2005

Remote Access Call-in number:

866-687-1443, participant passcode 737358#

Agenda

1:00

Introductions

Review Agenda

1:15

Objectives of Working Group

   
 

    _ Text from Energy Division Report on January 31st, 2005 Workshop: "Creation of a working group will provide a much-needed ongoing forum for collaborative efforts by interested parties, who must work together to complete the work necessary to bring this proceeding to a close. In short, parties need to "roll up their sleeves" and do the hard work, as equal partners, that is necessary to determine what is owed, who owes it to whom, and how it will be collected."

    _ Municipal Departing Load (MDL): "The Energy Division is authorized to move forward with establishing a Working Group for finalizing calculations relating to the MDL CRS obligations to date. The Energy Division shall serve as the central clearinghouse for MDL CRS data collection and modeling calculations." (March 28, 2005 ALJ Ruling)

    _ Direct Access Cost Responsibility Surcharge (CRS) for 2003-2005: the Commission's Energy Division shall take the lead in coordinating the Working Group to produce the CRS calculations for 2003 (on a true-up basis), and for 2004 and 2005 (on a forecast basis) in coordination with the [MDL] Working Group process (March 30, 2005 ALJ Ruling)

   

1:30

DWR Presentation

 

    _ How can the parties assume responsibility for ongoing preparation of the MDL and CRS calculations?

        o DWR explanation of the "total portfolio" modeling approach as it was initially proposed by CRS parties, then prepared by DWR/Navigant, and adopted by CPUC in D.02-11-022

   
 

    _ Data Issues

 

        o What data still needed to complete MDL and/or DA CRS calculations? Who shall be responsible for providing this data?

 

        o Confidentiality of data: how can this be resolved in order to build a "joint-use" model available to all parties in this proceeding?

2:15

Break

   

2:30

Discussion

   
 

_ MDL Calculations

 

      o As an initial step, specific load data to perform the MDL CRS calculations needs to be provided. As a preliminary task for the working group, outstanding data requirements need to be determined, and responsibility needs to be established as to who is to provide what data, with deadlines for doing so.

 

      o Some of the questions as to which categories of load are subject to specific charges, and the effective date of those obligations may still need to be clarified by the Commission in connection with the CMUA Petition to Modify.

   

      o As a basis for the cost inputs to be used in the calculation of total MDL CRS obligations to date, the Power Charge/CTC accrual amounts for DA load shown below were adopted by the Commission in D.05-01-040, for the periods 2001-2003. Parties should comment on the applicability of these unit values (in $/MWH) for use in the MDL CRS calculations as well, as summarized below.

    Direct Access Cost Responsibility (in $/MWH)

PG&E

Territory

SCE

Territory

SDG&E

Territory

2001

19.00

23.54

10.10

2002

24.65

27.59

26.69

2003

21.93

27.62

21.40

      

          _

     
 

_ CRS Calculations

    
 

      o 2003

          _ The 2003 DWR revenue requirements that have been finalized pursuant to D.05-03-024, form the basis for finalizing the true up of the 2003 DA/DL CRS obligations.

          _ The 2003 true up is also the triggering event to calculate the portion of the $1 Billion reduction in DWR revenue requirement that is attributable to Customer Generation Departing Load (CGDL).

    
 

      o 2004

          _ The allocation of the DWR revenue requirement among the three IOU service territories and resulting DWR power charges for 2004 adopted in D.04-12-014 provides relevant inputs for computing the prospective DA/DL CRS obligations for 2004. This ruling thus authorizes parties to proceed with computing the prospective DA/DL CRS obligations for 2004, corresponding to the total 2004 DWR revenue requirement in D.04-12-014

 

      o 2005

          _ The allocation of the DWR revenue requirement and resulting DWR power charges for 2005 adopted in D.05-03-024 provides relevant inputs for computing the prospective DA/DL CRS obligations for 2005. This ruling thus authorizes parties to proceed with computing the prospective DA/DL CRS obligations for 2005, corresponding to the total 2005 DWR revenue requirement in D.05-03-024... Working Group participants should take into any subsequent Commission action on the Draft Decision as relevant to their calculations of the 2005 CRS.

 

      o Adequacy of DA CRS Cap

          _ A separate ruling will be issued shortly addressing the procedural schedule and process for the review of the adequacy of the DA CRS cap to determine if it needs to be adjusted to assure that CRS undercollections are paid down by no later than the end of the DWR contract term in 2011, as required by D.03-07-030.

 

_ Process for Calculating DA CRS Obligations

      o See attached text from March 30, 2005 Ruling of ALJ Pulsifer

   

Close

of Day

Next Steps

 

_ Parties' Comments on Workshop Report are due April 15, 2005

 

_ Energy Division submits status report to ALJ Pulsifer April 18, 2005

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