20VAC5-312 Rules Governing Retail Access to Competitive Energy Services

REGULATIONS

Vol. 25 Iss. 8 - December 22, 2008

TITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONS

STATE CORPORATION COMMISSION

Chapter 312

Final Regulation

REGISTRAR'S NOTICE: The State Corporation Commission is exempt from the Administrative Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.

Titles of Regulations: 20VAC5-312. Rules Governing Retail Access to Competitive Energy Services (amending 20VAC5-312-10, 20VAC5-312-20, 20VAC5-312-60, 20VAC5-312-80, 20VAC5-312-90; repealing 20VAC5-312-120).

20VAC5-313. Rules Governing Exemptions to Minimum Stay Requirements and Wires Charges (amending 20VAC5-313-10, 20VAC5-313-20; repealing 20VAC5-313-30).

Statutory Authority: §§ 12.1-13 and 56-576 of the Code of Virginia.

Effective Date: January 1, 2009.

Agency Contact: David Eichenlaub, Assistant Director, Economic and Finance Division, State Corporation Commission, P.O. Box 1197, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Summary:

Revisions have been made to these rules as they relate to electric energy services necessitated by the changes in the statutory requirements for the provision of retail access to electric energy services set forth in amendments by the Virginia General Assembly to the Virginia Electric Utility Restructuring Act (§ 56-576 et seq. of the Code of Virginia), renamed the Virginia Electric Utility Regulation Act. The revisions remove references to default service, modify the initiation of the reporting requirements for companies to begin with enrollment of customers under a retail access program, modify the customer information requirement on local distribution companies, modify the minimum stay requirement for electric customers, provide for an exception to the billing and payment rules for those companies offering an approved 100% renewable electric tariff to its retail customers, and eliminate the regulation governing competitive metering from 20VAC5-312. The changes to 20VAC5-313 eliminate provisions related to wires charges.

In response to comments filed by interested parties and the staff report filed by the commission’s staff, several revisions to the proposed version were made to (i) clarify how the minimum stay provisions of 20VAC5-312-80 Q will operate; (ii) reflect that consolidated billing is now permissive, not mandatory, and covered by filed utility tariffs; and (iii) add MCF, a gas usage term, to provisions previously only using the electric designations MW or kWh.

AT RICHMOND, NOVEMBER 26, 2008

COMMONWEALTH OF VIRGINIA

At the relation of the

STATE CORPORATION COMMISSION

CASE NO. PUE-2008-00061

Ex Parte: In the matter of revising the rules
of the State Corporation Commission governing
Retail Access to Competitive Energy Services

ORDER REVISING REGULATIONS

The Commission's Rules Governing Retail Access to Competitive Energy Services ("Retail Access Rules"), 20 VAC 5-312-10 et seq., were adopted in 2001^[1] and last revised in 2003.^[2] Additionally, the Rules Governing Exemptions to the Minimum Stay Requirements and Wires Charges, set forth in 20 VA 5-313-10 et seq., were adopted in 2006 as transitory regulations promulgated to be in addition to the existing Retail Access Rules.^[3]

On July 29, 2008, the Commission entered an Order For Notice of Proceeding To Consider Revisions to the Commission's Rules Governing Retail Access to Competitive Energy Services ("July 29, 2008 Order") to revise the Retail Access Rules in order to reflect statutory changes made to the Virginia Electric Utility Restructuring Act,^[4] §§ 56-576 et seq. of the Code of Virginia ("Code") by the Virginia General Assembly regarding retail access to electric energy services within the Commonwealth.^[5] The July 29, 2008 Order attached draft revisions ("Proposed Rules") prepared by the Commission Staff ("Staff"), directed that notice of the Proposed Rules be given to the public, and provided an opportunity for interested persons to file comments on, propose modifications and supplements to, and request a hearing on the Proposed Rules.

Pursuant to the July 29, 2008 Order, comments were due by September 22, 2008. The Commission received comments from Appalachian Power Company ("APCo"), Virginia Electric Cooperatives,^[6]Virginia Electric and Power Company ("Virginia Power"), and Columbia Gas of Virginia, Inc. ("CGV"). None of the parties filing comments requested a hearing on the proposed revisions. However, Virginia Power requested an opportunity to file reply comments on or before October 15, 2008, in order to address any issues in the comments filed by others or in the Staff Report scheduled to be filed on October 6, 2008. On October 3, 2008, Robert A. Vanderhye filed with the Commission a request that comments he had filed in another Commission proceeding^[7] be considered in this case, and that a hearing on the Proposed Rules be held by the Commission. Mr. Vanderhye requested that the hearing be scheduled after a decision has been reached in Case No. PUE-2008-00044, and another Commission proceeding,^[8] asserting that the decisions reached in these cases will have a bearing on any changes to the Retail Access Rules. The Staff filed a Report on October 6, 2008, as directed by July 29, 2008 Order, summarizing the comments filed by APCo, the Virginia Electric Cooperatives, Virginia Power, and CGV, and making further revisions to the Proposed Rules, where necessary, in response to the comments filed on September 22, 2008.^[9]

NOW THE COMMISSION, upon consideration of this matter, is of the opinion and finds that the regulations attached hereto should be adopted effective January 1, 2009.

In the revisions to the Code enacted under Chapters 888 and 933 of the 2007 Virginia Acts of Assembly, the General Assembly, inter alia, moved the expiration of capped rates to December 31, 2008, and limited the ability of most consumers to purchase electric generation service from competing suppliers thereafter. Residential retail consumers will have the ability to engage in a choice of competitive generation suppliers only if the incumbent electric utility does not offer an approved tariff for electric energy provided 100 percent from renewable energy. Large customers exceeding 5 MW in demand maintain the ability to shop among competitive suppliers, and nonresidential customers may seek to aggregate load up to the 5 MW threshold in order to use a competitive supplier. Accordingly, it is necessary for the Commission to revise the Retail Access Rules effective January 1, 2009, in order to have the Commission's rules and regulations properly tailored to the new regulatory paradigm prescribed by the Virginia General Assembly.

The July 29, 2008 Order provided Proposed Rules which were developed by the Staff to incorporate changes to the Retail Access Rules necessitated by the statutory changes described above. APCo, the Virginia Electric Cooperatives, Virginia Power, and CGV provided comments on the Staff's Proposed Rules, and proposed several modifications of their own, which, as will be discussed below, are adopted or rejected by this Order.

The Virginia Electric Cooperatives and Virginia Power each proposed modifications to 20 VAC 5-312-10, the "Applicability; definitions" section of the Retail Access Rules. The Virginia Electric Cooperatives suggest stating that the regulations do not apply to a utility that offers a 100% renewable energy tariff option and has no customers meeting the load threshold.^[10] We find that this modification is unnecessary. As drafted, the regulations attached hereto will operate so as to cover the various scenarios provided by the statute. As noted in the Staff Report, certain rules refer to "eligible customers" to recognize that specific regulations are not applicable to, for example, residential customers, if the Commission has approved a tariff for electric energy provided 100% from renewable energy.^[11] Virginia Power suggests that certain definitions be changed to reflect that they are only applicable to natural gas customers.^[12] We find that these proposed changes are unnecessary. For example, as noted in the Staff Report, while the 2007 statutory changes eliminated electric utilities' obligation to provide consolidated billing, the regulations have been revised to reflect that consolidated billing is no longer mandatory. ^[13] Thus, consistent with the natural gas utilities' present practice, the utilities' tariffs, as approved by the Commission, will determine billing options.

Virginia Power, CGV, and the Virginia Electric Cooperatives each proposed additional modifications to 20 VAC 5-312-20, the "General provisions" section of the Retail Access Rules. CGV suggested several technical corrections to this section, including the need for subsection N to use the gas measurement term "MCF" in addition to the electric terms MW or kWh. The Staff Report included these technical corrections in the revisions to the Proposed Rules, and we adopt them herein.

The Virginia Electric Cooperatives seek an addition to subsection F of 20 VAC 5-312-20 to reflect what they perceive as a statutory obligation under § 56‑577 A 5 of the Code for competitive suppliers that provide electricity supply service to individual retail customers to provide only 100 percent renewable energy, unless such customers can shop under § 56‑577 A 3 or A 4.^[14] Similarly, APCo requested as part of this rulemaking that the Commission affirm that Code § 56‑577 A 5 establishes that if a local distribution company offers an approved tariff for electric energy provided 100 percent from renewable energy, other competitive providers are prevented from offering all renewable energy products within that service area and may not offer a mix of 50 percent from renewable sources and 50 percent from traditional sources.^[15] We find it unnecessary to restate the statute in these rules or to address the interpretation requested by the Virginia Electric Cooperatives and APCo.

Virginia Power proposed several modifications to 20 VAC 5-312-20 on the basis that this rule applied only to natural gas local distribution companies going forward. For the same reasons discussed above, we find these proposed changes unnecessary. With regard to the reporting requirements in subsections M and N of 20 VAC 5-312-20, as set forth initially by the Staff in the Proposed Rules, the reporting requirement is activated "[u]pon enrollment of a customer to receive competitive supply service." We find this sufficient to address Virginia Power's concern that the reporting requirements will have little value given the very limited access to retail choice.^[16] Finally, as acknowledged in the Staff Report, 20 VAC 5‑312‑20 preserves the right of any electric or natural gas utility to request a waiver of any provision believed to be unwarranted or cause harm or hardship to such utility.^[17]

Virginia Power and the Virginia Electric Cooperatives each proposed additional modifications to 20 VAC 5-312-60, the "Customer information" section of the Retail Access Rules. Virginia Power asserts that it would be burdensome to continually update its mass list of eligible customers every time a competitive service provider requests a list.^[18] Virginia Power's proposed solution is to require electric local distribution companies to provide the mass list once annually.^[19] As revised by the Staff in the initial Proposed Rules, the original regulations have been amended to require the local distribution companies to update or replace their list of eligible customers annually. This annually updated list would be provided upon request of a competitive service provider. Hence, there is no burden placed upon local distribution companies to update their list every time a competitive service provider makes a request. The Staff Report notes that as revised, creation of the mass list is not necessary until a list is requested by a competitive service provider.^[20] We find that the revisions to this section set forth in the Proposed Rules by Staff adequately address this concern raised by Virginia Power.

The Virginia Electric Cooperatives proposed to define who "eligible customers" are in greater detail. We find this proposal to be unnecessary. Whether a customer is "eligible" or not is determined by the customer's class and size, and the renewable energy offerings by its incumbent provider, as stated in the Code.

Virginia Power, APCO, and the Virginia Electric Cooperatives each expressed concern regarding the revisions to 20 VAC 5-312-80 Q, as initially drafted by the Staff, regarding "minimum stay" obligations.^[21] In its Staff Report, the Staff acknowledged the potential for confusion in the revised language concerning the rules governing the minimum stay requirements and offered further clarification to those rules.^[22] As adopted herein, the 12-month minimum stay requirement applies to any electric customer with an annual peak demand of 500 kW or greater. This is the same threshold that existed in this regulation prior to this proceeding. Subsection Q is further revised to account for the statutory revisions regarding 5 MW and aggregated nonresidential retail customers set out in Code § 56‑577 requiring either a five-year notice or Commission permission to return to tariffed rates. The 12-month minimum stay period retained herein applies to returning 5 MW and aggregated nonresidential retail customers, as required by § 56-577 A 3 C of the Code. Likewise, retained from the current Retail Access Rules as set out in 20 VAC 5-313-20^[23] is the alternative for returning customers to pay market‑based rates in order to avoid the obligation of a minimum stay requirement.

Virginia Power also proposed in its comments an expansion of the minimum stay period from one year to five years for 5 MW or aggregated nonresidential retail customers.^[24] This proposal is based upon the hypothetical that if several large industrial customers return to service and leave within a year, then the utility may have started on construction of a new generation facility to meet those needs. According to Virginia Power, to allow customers with substantial electric energy requirements to jump on and off the system may do harm to customers who do not leave.^[25] We find nothing in the present enactments that necessitates an expansion of the minimum stay requirement from one to five years. The new provisions in § 56-577 requiring a five-year notice before a large or aggregated customer can return to the electric incumbent without Commission approval provides the electric incumbent and its non-shopping customers more protection than existed prior to these statutory changes. We therefore decline to adopt Virginia Power's proposed five-year minimum stay period.

CGV proposed to amend subsection F of 20 VAC 5-312-80 as it relates to customers currently receiving service from a competitive service provider. CGV's proposed modification would require the local distribution company to reject a provider enrollment submitted by a new shopping customer's provider unless it has received a timely cancellation from the present provider.^[26] As noted in the Staff Report, we have received complaints from customers whose desire to switch to a new competitive service provider has been hampered.^[27] The Staff asserts that the present provisions adequately address this issue concerning multiple enrollments, i.e., if two or more enrollments are received during the monthly enrollment period then the utility is to process the first and reject all others. However, when a new monthly enrollment period begins upon the next meter read, the customer is free to choose another competitive service provider.^[28] We agree with the Staff that a customer's right to choose a new provider should not be denied because the current provider has not submitted a cancellation to the local distribution company.

Virginia Power proposed that subsection E of 20 VAC 5-312-80 be further revised to be applicable to only natural gas customers.^[29] The Staff did not agree, but did note that a change was warranted, modifying the Proposed Rules, as attached to the Staff Report, to ensure that the regulation applies to only those with "eligible" customers.^[30] We find that the Staff adequately addresses this concern.

CGV suggested that provisions of 20 VAC 5-312-90, the "Billing and payment" section of the Retail Access Rules, be further modified to reflect the repeal of the statutory requirement to offer consolidated billing.^[31] Likewise, and consistent with its earlier approach, Virginia Power proposed to modify the regulation to have it apply to natural gas local distribution companies only.^[32] The Staff agreed with CGV that the statutory obligation to provide for consolidated billing has been removed.^[33] The language proposed by the Staff establishes that, consistent with the natural gas utilities' present practice, the utilities' tariff as approved by the Commission will determine billing options. We adopt the Staff's revisions to 20 VAC 5-312-90 A.

Virginia Power also proposed that a provision be added to this section which would require competitive service providers to support aggregating nonresidential retail customers to the extent necessary to comply with the petition and reporting requirements of § 56-577 A 4 of the Code.^[34] We find that we need not adopt such a regulation at this time. Section 56-577 A 4 b of the Code requires the Commission to impose reasonable periodic monitoring and reporting obligations in granting a petition to aggregate load. This should be sufficient to address any reporting requirements that might be addressed in a regulation. Furthermore, as § 56-577 A 4 of the Code permits certain customers to petition "for permission to aggregate or combine their demands . . . so as to become qualified to purchase electric energy from any supplier. . . ," the statute on its face does not require the participation of the competitive service provider in the petitioning process.

Finally, we deny Virginia Power's request for an opportunity to file reply comments, and the late-filed request for a hearing submitted by Robert A. Vanderhye,^[35] as unnecessary for interested persons to comment upon, and for the Commission to consider adoption of, the revised rules herein.

Accordingly, IT IS ORDERED THAT:

(1) The current Rules Governing Retail Access to Competitive Energy Services 20 VAC 5‑312‑10 et seq., and the Rules Governing Exemptions to the Minimum Stay Requirements and Wires Charges, 20 VAC 5-313-10 et seq., are hereby revised and adopted as attached to this Order, effective as of January 1, 2009.

(2) A copy of this Order with a copy of the rules adopted herein shall be forwarded to the Virginia Register of Regulations for publication.

(3) The request by Virginia Power for an opportunity to file reply comments is hereby denied.

(4) The late-filed request by Robert A. Vanderhye for a hearing on the revisions to the Retail Access Rules is hereby denied.

(5) There being nothing further to come before the Commission, this case shall be removed from the Commission's docket of active proceedings and the papers filed herein placed in the file for ended causes.

Commissioner Dimitri did not participate in this matter.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to: Charles E. Bayless, Esquire, Appalachian Power Company, 3 James Center, Suite 702, 1051 East Cary Street, Richmond, Virginia 23219; Samuel R. Brumberg, Esquire, LeClair Ryan, 4201 Dominion Boulevard, Suite 200, Glen Allen, Virginia 23060; M. Renae Carter, Esquire, Dominion Resources Services, Law Department, 120 Tredegar Street, P.O. Box 26532, Richmond, Virginia 23261-6532; James S. Copenhaver, Esquire, Columbia Gas of Virginia, 1809 Coyote Drive, Chester, Virginia 23836; Robert A. Vanderhye, 801 Ridge Drive, McLean, Virginia, 22101; C. Meade Browder, Jr., Senior Assistant Attorney General, Division of Consumer Counsel, Office of Attorney General, 900 East Main Street, 2nd Floor, Richmond, Virginia 23219; and the Commission's Office of General Counsel and Divisions of Energy Regulation and Economics and Finance.

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^[1] Commonwealth of Virginia ex rel. State Corporation Commission, Ex Parte: In the matter of establishing rules for retail access, Case No. PUE-2001-00013, 2001 S.C.C. Ann. Rep. 536 (Final Order, June 19, 2001).

^[2] Commonwealth of Virginia, ex rel. State Corporation Commission, Ex Parte: In the matter concerning the aggregation of retail electric customers under the provisions of the Virginia Electric Utility Restructuring Act, Case No. PUE-2002-00174, 2003 S.C.C. Ann. Rep. 371 (Order Adopting Revised Regulations, April 9, 2003).

^[3] Commonwealth of Virginia ex rel. State Corporation Commission, Ex Parte: In the matter of establishing rules and regulations pursuant to the Virginia Electric Utility Restructuring Act for exemptions to minimum stay requirements and wires charges, Case No. PUE-2004-00068, 2006 S.C.C. Ann. Rep. 303 (Order on Motion and Adopting Rules and Regulations, January 4, 2006).

^[4] Title changed to Virginia Electric Utility Regulation Act pursuant to Chapter 883 of the 2008 Virginia Acts of Assembly.

^[5] See Chapters 888 and 933 of the 2007 Virginia Acts of Assembly.

^[6] Filing jointly the Virginia Electric Cooperatives are: A&N Electric Cooperative, BARC Electric Cooperative, Central Virginia Electric Cooperative, Community Electric Cooperative, Craig-Botetourt Electric Cooperative, Mecklenberg Electric Cooperative, Northern Neck Electric Cooperative, Prince George Electric Cooperative, Rappahannock Electric Cooperative, Shenandoah Valley Electric Cooperative, and Southside Electric Cooperative, and the Virginia, Maryland, & Delaware Association of Electric Cooperatives.

^[7] Application of Virginia Electric and Power Company d/b/a Dominion Virginia Power, For approval of its Renewable Energy Tariff, Case No. PUE-2008-00044.

^[8] Application of Appalachian Power Company, For approval of Renewable Power Rider, Case No. PUE-2008-00057.

^[9] The Staff Report notes the filing of the requests of Mr. Vanderhye on October 2, 2008, but neither addresses the comments referenced therein or the late-filed request for a hearing.

^[10] Virginia Electric Cooperatives Comments at 4, fn 6 (suggesting, "[i]f the local distribution company has an approved tariff for electric energy provided 100% from renewable energy pursuant to Va. Code § 56-577(A)(5), and no customers meeting the requirements of Va. Code § 56-577(A)(3) or (A)(4), then the provisions of this Chapter shall not apply.")

^[11] Staff Report at 5.

^[12] Virginia Power Comments at 5-6 (proposing changes to "Bill ready," "Consolidated billing," "Nonbilling party," and "Rate ready").

^[13] Staff Report at 8.

^[14] Virginia Electric Cooperatives Comments at 8.

^[15] APCo Comments at 2.

^[16] Virginia Power Comments at 7.

^[17] Staff Report at 5.

^[18] Virginia Power Comments at 7.

^[19] Id. at 8.

^[20] Staff Report at 7.

^[21] Virginia Power Comments at 10; APCo Comments at 1-2; Virginia Electric Cooperatives Comments at 8-9.

^[22] Staff Report at 6.

^[23] "Exemption to minimum stay provisions."

^[24] Virginia Power Comments at 11.

^[25] Id.

^[26] CGV Comments at 3.

^[27] Staff Report at 8.

^[28] Id. at 9.

^[29] Virginia Power Comments at 8.

^[30] Staff Report at 8.

^[31] CGV Comments at 3-4.

^[32] Virginia Power Comments at 13-14.

^[33] Staff Report at 8.

^[34] Virginia Power Comments at 15.

^[35] Mr. Vanderhye's request for a hearing on related issues in Case Nos. PUE-2008-00044 and PUE-2008-00057 was granted. Hearings in these two cases were held on November 12, 2008.

20VAC5-312-10. Applicability; definitions.

A. These regulations are promulgated pursuant to the provisions of the Virginia Electric Utility Restructuring Regulation Act (§ 56-576 et seq. of the Code of Virginia) and to the provisions of retail supply choice for natural gas customers, § 56-235.8 of the Code of Virginia. The provisions in this chapter apply to suppliers of electric and natural gas services including local distribution companies and competitive service providers, and govern the implementation of retail access to competitive energy services, to the extent permissible by statute, in the electricity and natural gas markets, including the conduct of market participants. The provisions in this chapter shall be effective January 1, 2009, and applicable to the implementation of full or phased-in retail access to competitive energy services in the service territory of each local distribution company.

B. The following terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Affiliated competitive service provider" means a competitive service provider that is a separate legal entity that controls, is controlled by, or is under common control of, a local distribution company or its parent. For the purpose of this chapter, any unit or division created by a local distribution company for the purpose of acting as a competitive service provider shall be treated as an affiliated competitive service provider and shall be subject to the same provisions and regulations.

"Aggregator" means a person licensed by the State Corporation Commission that, as an agent or intermediary, (i) offers to purchase, or purchases, electricity or natural gas supply service, or both, or (ii) offers to arrange for, or arranges for, the purchase of electricity supply service or natural gas supply service, or both, for sale to, or on behalf of, two or more retail customers not controlled by or under common control with such person. The following activities shall not, in and of themselves, make a person an aggregator under this chapter: (i) furnishing legal services to two or more retail customers or competitive service providers; (ii) furnishing educational, informational, or analytical services to two or more retail customers, unless direct or indirect compensation for such services is paid by a competitive service provider supplying electricity or natural gas, or both; (iii) furnishing educational, informational, or analytical services to two or more competitive service providers; (iv) providing default service under § 56-585 of the Code of Virginia; (v) conducting business as a competitive service provider licensed under 20VAC5-312-40; and (vi) (v) engaging in actions of a retail customer, acting in common with one or more other such retail customers, to issue a request for proposal or to negotiate a purchase of electricity supply service or natural gas supply service, or both, for consumption by such retail customers.

"Billing party" means a person who renders a consolidated or separate bill directly to a retail customer for competitive energy services, or distribution services, or both.

"Bill-ready" means the consolidated billing practice in which the nonbilling party calculates each retail customer's billing charges for services provided and forwards such charges to the billing party for inclusion on the consolidated bill.

"Business day" means any calendar day or computer processing day in the Eastern United States time zone in which the general office of the applicable local distribution company is open for business with the public.

"Competitive energy service" means the retail sale of electricity supply service, natural gas supply service, or any other competitive service as provided by legislation and approved by the State Corporation Commission as part of retail access by an entity other than the local distribution company as a regulated utility. For the purpose of this chapter, competitive energy services include services provided to retail customers by aggregators.

"Competitive service provider' means a person, licensed by the State Corporation Commission, that sells or offers to sell a competitive energy service within the Commonwealth. This term includes affiliated competitive service providers, as defined above, but does not include a party that supplies electricity or natural gas, or both, exclusively for its own consumption or the consumption of one or more of its affiliates. For the purpose of this chapter, competitive service providers include aggregators.

"Competitive transition charge" means the wires charge, as provided by § 56-583 of the Code of Virginia, that is applicable to a retail customer that chooses to procure electricity supply service from a competitive service provider.

"Consolidated billing" means the rendering of a single bill to a retail customer that includes the billing charges of a competitive service provider and the billing charges of the local distribution company.

"Customer" means retail customer.

"Distribution service" means the delivery of electricity or natural gas, or both, through the distribution facilities of the local distribution company to a retail customer.

"Electricity supply service" means the generation of electricity, or when provided together, the generation of electricity and its transmission to the distribution facilities of the local distribution company on behalf of a retail customer.

"Electronic Data Interchange" (EDI) means computer-to-computer exchange of business information using common standards for high volume electronic transactions.

"Local Distribution Company" means an entity regulated by the State Corporation Commission that owns or controls the distribution facilities required for the transportation and delivery of electricity or natural gas to the retail customer.

"Minimum stay period" means the minimum period of time a customer who requests electricity supply service from the local distribution company, pursuant to § 56-582 D §§ 56-577 A 3 c, 56-577 C 1, and 56-582 D of the Code of Virginia, after a period of receiving electricity supply service from a competitive service provider, is required to use such service from the local distribution company.

"Natural gas supply service" means the procurement of natural gas, or when provided together, the procurement of natural gas and its transportation to the distribution facilities of a local distribution company on behalf of a retail customer.

"Nonbilling party" means a person who provides retail customer billing information for competitive energy services or regulated service to the billing party for the purpose of consolidated billing.

"Person" means any individual, corporation, partnership, association, company, business, trust, joint venture, or other private legal entity, and the Commonwealth or any city, county, town, authority or other political subdivision of the Commonwealth.

"Price-to-compare" means the portion of the electric local distribution company's regulated rate applicable to electricity supply service less the competitive transition charge rate or the portion of the natural gas local distribution company's regulated rate applicable to natural gas supply service.

"Rate-ready" means the consolidated billing practice in which the nonbilling party provides rate information to the billing party to calculate and include the nonbilling party's charges on the consolidated bill.

"Residential customer" means any person receiving retail distribution service under a residential tariff of the local distribution company.

"Retail access" means the opportunity for a retail customer in the Commonwealth to purchase a competitive energy service from a licensed competitive service provider seeking to sell such services to that customer.

"Retail customer" means any person who purchases retail electricity or natural gas for his or her own consumption at one or more metering points or nonmetered points of delivery located within the Commonwealth.

"Separate billing" means the rendering of separate bills to a retail customer for the billing charges of a competitive service provider and the billing charges of the local distribution company.

"Transmission provider" means an entity regulated by the Federal Energy Regulatory Commission that owns or operates, or both, the transmission facilities required for the delivery of electricity or natural gas to the local distribution company or retail customer.

"Virginia Electronic Data Transfer Working Group" (VAEDT) means the group of representatives from electric and natural gas local distribution companies, competitive service providers, the staff of the State Corporation Commission, and the Office of Attorney General whose objective is to formulate guidelines and practices for the electronic exchange of information necessitated by retail access.

20VAC5-312-20. General provisions.

A. A request for a waiver of any of the provisions in this chapter shall be considered by the State Corporation Commission on a case-by-case basis, and may be granted upon such terms and conditions as the State Corporation Commission may impose.

B. The provisions of this chapter may be enforced by the State Corporation Commission by any means authorized under applicable law or regulation. Enforcement actions may include, without limitation, the refusal to issue any license for which application has been made, and the revocation or suspension of any license previously granted. The provisions of this chapter shall not be deemed to preclude a person aggrieved by a violation of these regulations from pursuing any civil relief that may be available under state or federal law, including, without limitation, private actions for damages or other equitable relief.

C. The provisions of this chapter shall not be deemed to prohibit the local distribution company, in emergency situations, from taking actions it is otherwise authorized to take that are necessary to ensure public safety and reliability of the distribution system. The State Corporation Commission, upon a claim of inappropriate action or its own motion, may investigate and take such corrective actions as may be appropriate.

D. The State Corporation Commission maintains the right to inspect the books, papers, records and documents, and to require reports and statements, of a competitive service provider as required to verify qualifications to conduct business within the Commonwealth, to support affiliate transactions, to investigate allegations of violations of this chapter, or to resolve a complaint filed against a competitive service provider. Every competitive service provider licensed pursuant to this chapter shall establish and maintain records identifying persons or entities performing promotional or marketing activities on behalf of or in conjunction with such competitive service provider.

E. Absent the designation of a default service provider as determined by the State Corporation Commission pursuant to § 56-585 of the Code of Virginia, the The local distribution company shall provide, pursuant to the prices, terms, and conditions of its tariffs approved by the State Corporation Commission, service to all customers that do not select a competitive service provider and to customers that chose a competitive service provider but whose service is terminated for any reason.

F. A competitive service provider selling electricity supply service or natural gas supply service, or both, at retail shall:

1. Procure sufficient electric generation and transmission service or sufficient natural gas supply and delivery capability, or both, to serve the requirements of its firm customers.

2. Abide by any applicable regulation or procedure of any institution charged with ensuring the reliability of the electric or natural gas systems, including the State Corporation Commission, the North American Electric Reliability Council Corporation, and the Federal Energy Regulatory Commission, or any successor agencies thereto.

3. Comply with any obligations that the State Corporation Commission may impose to ensure access to sufficient availability of capacity.

G. The local distribution company and a competitive service provider shall not:

1. Suggest that the services provided by the local distribution company are of any different quality when competitive energy services are purchased from a particular competitive service provider; or

2. Suggest that the competitive energy services provided by a competitive service provider are being provided by the local distribution company rather than the competitive service provider.

H. The local distribution company shall conduct its forecasting, scheduling, balancing, and settlement activities in a nondiscriminatory and reasonably transparent manner.

I. The local distribution company or competitive service provider shall bear the responsibility for metering as provided by legislation and implemented by the State Corporation Commission.

J. The local distribution company and a competitive service provider, shall coordinate their customer communication activities with the State Corporation Commission's statewide consumer education campaign.

K. J. The local distribution company and a competitive service provider shall adhere to standard practices for exchanging data and information in an electronic medium as specified by the VAEDT and filed with the State Corporation Commission or as otherwise provided by the local distribution company's tariff approved by the State Corporation Commission. In the event the parties agree to initially use a means other than those specified by VAEDT or the local distribution company's tariff, then the competitive service provider shall file a plan with the State Corporation Commission's Division of Economics and Finance to implement VAEDT or tariff approved standards within 180 days of the initial retail offering.

L. K. The local distribution company and a competitive service provider that is responsible for exchanging customer information electronically with such local distribution company shall, except as otherwise provided by the local distribution company's tariff approved by the State Corporation Commission, successfully complete EDI testing and receive certification for all EDI transactions, as outlined in the VAEDT EDI Test Plan, prior to actively enrolling customers, except as permitted by subsection K of this section.

M. L. A competitive service provider offering billing service that requires the direct delivery of a bill to a customer and that requires the electronic exchange of data with the local distribution company shall furnish, prior to enrolling the customer, a sample bill produced from the data exchanged in the EDI certification process, or comparable electronic data exchange process, as described in subsection L of this section, or a sample bill produced similarly elsewhere, to the State Corporation Commission's Division of Energy Regulation and Division of Economics and Finance.

N. The M. Upon enrollment of a customer to receive competitive supply service, the local distribution company shall file with the State Corporation Commission's Division of Energy Regulation and Division of Economics and Finance a monthly report which shall, at a minimum, include all cancellation requests alleging a customer was enrolled without authorization. Such reports shall include: (i) the approximate date of the enrollment; (ii) the identity of the competitive service provider involved; (iii) the name and address of the customer that cancelled such enrollment; and (iv) if readily available, a brief statement regarding the customer's explanation for the cancellation. Such reports shall be reviewed by commission staff and regarded as confidential unless and until the State Corporation Commission orders otherwise.

O. The N. Upon enrollment of a customer to receive competitive supply service, the local distribution company shall file with the State Corporation Commission's Division of Economics and Finance a quarterly report providing a detailed breakdown of residential and nonresidential customer switching activity. Such reports shall include, for the local distribution company, the total number of customers and corresponding amount of load eligible to switch; and, for each competitive service provider, the total number of customers and corresponding amount of load served. The amount of load shall be measured in MW [ , Mcf, ] or dekatherm capacity of peak load contribution and in kWh [ , Mcf, ] or therms of associated energy. Such reports shall be reviewed by commission staff and information specific to individual competitive service providers shall be regarded as confidential unless and until the State Corporation Commission orders otherwise.

P. O. By March 31 of each year, the provider of electricity supply service shall report to its customers and file a report with the State Corporation Commission stating to the extent feasible, fuel mix and emissions data for the prior calendar year. If such data is unavailable, the provider of electricity supply service shall file a report with the State Corporation Commission stating why it is not feasible to submit any portion of such data.

Q. P. A competitive service provider shall file a report with the State Corporation Commission by March 31 of each year to update all information required in the original application for licensure. A $100 administrative fee payable to the State Corporation Commission shall accompany this report.

R. Q. A competitive service provider shall inform the State Corporation Commission within 30 days of the following: (i) any change in its name, address and telephone numbers; (ii) any change in information regarding its affiliate status with the local distribution company; (iii) any changes to information provided pursuant to 20VAC5-312-40 A 13; and (iv) any changes to information provided pursuant to 20VAC5-312-40 A 15.

S. R. If a filing with the State Corporation Commission, made pursuant to this chapter, contains information that the local distribution company or a competitive service provider claims to be confidential, the filing may be made under seal provided it is accompanied by both a motion for protective order or other confidential treatment and an additional five copies of a redacted version of the filing to be available for public disclosure. Unredacted filings containing the confidential information shall be maintained under seal unless the State Corporation Commission orders otherwise, except that such filings shall be immediately available to the commission staff for internal use at the commission. Filings containing confidential or redacted information shall be so stated on the cover of the filing, and the precise portions of the filing containing such confidential or redacted information, including supporting material, shall be clearly marked within the filing.

20VAC5-312-60. Customer information.

A. A competitive service provider shall adequately safeguard all customer information and shall not disclose such information unless the customer authorizes disclosure or unless the information to be disclosed is already in the public domain. This provision, however, shall not restrict the disclosure of credit and payment information as currently permitted by federal and state statutes.

B. The local distribution company shall provide, upon the request of a competitive service provider, a mass list of eligible customers. A competitive service provider shall adequately safeguard all of the information included on the mass list and shall not disclose such information unless the customer authorizes disclosure or unless the information to be disclosed is already in the public domain.

1. The mass list shall include the following customer information: (i) customer name; (ii) service address; (iii) billing address; (iv) either an account number, a service delivery point, or universal identifier, as applicable; (v) meter reading date or cycle; (vi) wholesale delivery point, if applicable; (vii) rate class and subclass or rider, as applicable; (viii) load profile reference category, if not based on rate class; and (ix) up to twelve months of cumulative historic energy usage and annual peak demand information as available.

2. Prior to disclosing any information on the mass list, the local distribution company shall provide each customer the opportunity to have the information itemized in subdivision 1 of this subsection withheld, in total, from the mass list.

3. The local distribution company shall make the mass list available two months prior to implementation of full or phased-in retail access and shall update or replace the list every six months thereafter annually. Prior to each update, each customer shall be provided an opportunity to reverse the prior decision regarding the disclosure of the information included on the mass list.

4. The local distribution company shall prepare and make available the mass list by means specified by the VAEDT or as otherwise provided by the local distribution company's tariff approved by the State Corporation Commission.

C. A competitive service provider choosing to utilize the mass list shall use the most recent mass list made available by the local distribution company.

D. A competitive service provider shall obtain customer authorization prior to requesting any customer usage information not included on the mass list from the local distribution company. A competitive service provider shall provide evidence of such authorization, in the manner required to demonstrate authorization to enroll a customer in 20VAC5-312-80 B, upon request by the customer or the State Corporation Commission.

20VAC5-312-80. Enrollment and switching.

A. A competitive service provider may offer to enroll a customer upon: (i) receiving a license from the State Corporation Commission; (ii) receiving EDI certification as required from the VAEDT or completing other data exchange testing requirements as provided by the local distribution company's tariff approved by the State Corporation Commission, including the subsequent provision of a sample bill as required by 20VAC5-312-20 M L ; and (iii) completing registration with the local distribution company.

B. A competitive service provider may enroll, or modify the services provided to, a customer only after the customer has affirmatively authorized such enrollment or modification. A competitive service provider shall maintain adequate records allowing it to verify a customer's enrollment authorization. Examples of adequate records of enrollment authorization include: (i) a written contract signed by the customer; (ii) a written statement by an independent third party that witnessed or heard the customer's verbal commitments; (iii) a recording of the customer's verbal commitment; or (iv) electronic data exchange, including the Internet, provided that the competitive service provider can show that the electronic transmittal of a customer's authorization originated with the customer. Such authorization records shall contain the customer's name and address; the date the authorization was obtained; the name of the product, pricing plan, or service that is being subscribed; and acknowledgment of any switching fees, minimum contract terms or usage requirements, or cancellation fees. Such authorization records shall be retained for at least 12 months after enrollment and shall be provided within five business days upon request by the customer or the State Corporation Commission.

C. A competitive service provider shall send a written contract to a customer prior to, or contemporaneously with, sending the enrollment request to the local distribution company.

D. Upon a customer's request, a competitive service provider may re-enroll such customer at a new address under the existing contract, without acquiring new authorization records, if the competitive service provider is licensed to provide service to the customer's new address and is registered with the local distribution company.

E. The local distribution company shall advise [ a customer eligible customers ] initiating new service of the customer's right and opportunity to choose a competitive service provider.

F. In the event that multiple enrollment requests are submitted regarding the same customer within the same enrollment period, the local distribution company shall process the first one submitted and reject all others for the same enrollment period.

G. Except as otherwise provided by the local distribution company's tariff approved by the State Corporation Commission, the competitive service provider shall submit an enrollment request to the local distribution company at least 15 days prior to the customer's next scheduled meter reading date for service to be effective on that meter reading date. For an enrollment request received less than 15 days prior to the customer's next scheduled meter reading date, service shall be effective on the customer's subsequent meter reading date, except as provided by subsection H of this section.

H. A competitive service provider may request, pursuant to the local distribution company's tariff, a special meter reading, in which case the enrollment may become effective on the date of the special meter reading. The local distribution company shall perform the requested special meter reading as promptly as working conditions permit.

I. Upon receipt of an enrollment request from a competitive service provider, the local distribution company shall, normally within one business day of receipt of such notice, mail notification to the customer advising of the enrollment request, the approximate date that the competitive service provider's service commences, and the caption and statement as to cancellation required by 20VAC5-312-70 C 8. The customer shall have until the close of business on the tenth day following the mailing of such notification to advise the local distribution company to cancel such enrollment without penalty.

J. In the event a competitive service provider receives a cancellation request within the cancellation period provided by 20VAC5-312-70 C 8 or 20VAC5-312-70 D, it shall notify, by any means specified by the VAEDT or as otherwise provided by the local distribution company's tariff approved by the State Corporation Commission, the local distribution company of the customer's cancellation in order to terminate the enrollment process.

K. In the event the local distribution company receives notice of a cancellation request from a competitive service provider or a customer within the cancellation period provided by 20VAC5-312-70 C 8 or 20VAC5-312-70 D, the local distribution company shall terminate the enrollment process by any means specified by the VAEDT or as otherwise provided by the local distribution company's tariff approved by the State Corporation Commission.

L. In the event a customer terminates a contract beyond the cancellation period as provided by 20VAC5-312-70 C 8 and 20VAC5-312-70 D, the competitive service provider or the local distribution company shall provide notice of termination to the other party by any means specified by the VAEDT or as otherwise provided by the local distribution company's tariff approved by the State Corporation Commission.

M. If a competitive service provider terminates an individual contract for any reason, including expiration of the contract, the competitive service provider shall provide notice of termination to the local distribution company by any means specified by the VAEDT or as otherwise provided by the local distribution company's tariff approved by the State Corporation Commission and also shall send written notification of such termination, for reasons other than nonpayment, to the customer at least 30 days prior to the date that service to the customer is scheduled to terminate. A competitive service provider shall send written notification to the customer for termination for nonpayment at least 15 days prior to the date that service to such customer is scheduled to terminate.

N. If the local distribution company is notified by a competitive service provider that the competitive service provider will terminate service to a customer, the local distribution company shall respond to the competitive service provider by any means specified by the VAEDT or as otherwise provided by the local distribution company's tariff approved by the State Corporation Commission to acknowledge (i) receipt of the competitive service provider's notice, and (ii) the date that the competitive service provider's service to the customer is scheduled to terminate. Additionally, the local distribution company shall send written notification to the customer, normally within five business days, that it was so informed and describe the customer's opportunity to select a new supplier. Absent the designation of a default service provider as determined by the State Corporation Commission pursuant to § 56-585 of the Code of Virginia, the The local distribution company shall inform the affected customer that if the customer does not select another competitive service provider, the local distribution company shall provide the customer's electricity supply service or natural gas supply service pursuant to the prices, terms, and conditions of its tariffs approved by the State Corporation Commission.

O. If a competitive service provider decides to terminate service to a customer class or to abandon service within the Commonwealth, the competitive service provider shall provide at least 60 days advanced written notice to the local distribution company, to the affected customers, and to the State Corporation Commission.

P. If the local distribution company issues a final bill to a customer, the local distribution company shall notify, by any means specified by the VAEDT or as otherwise provided in the local distribution company's tariff approved by the State Corporation Commission, the customer's competitive service provider.

Q. The [ If the local distribution company does not offer an approved tariff for electric energy provided 100% from renewable energy pursuant to § 56-577 A 5 of the Code of Virginia, the The ] local distribution company may require a 12-month minimum stay period for electricity customers with an annual peak demand of 500 kW or greater. [ Electricity If the local distribution company does not offer an approved tariff for electric energy provided 100% from renewable energy pursuant to § 56-577 A 5 of the Code of Virginia, such electricity ] customers that return to capped rate service provided by the local distribution company as a result of a competitive service provider's abandonment of service in the Commonwealth may choose another competitive service provider at any time without the requirement to remain for the minimum stay period of 12 months. For [ individual or aggregated ] customers greater than 5 MW and pursuant to § 56-577 A 3 c of the Code of Virginia [ , an such ] electricity [ customer customers ] choosing to purchase supply service from a licensed supplier after December 31, 2008, may return to service provided by the local distribution company upon five years' written notice and at the prices, terms, and conditions of the tariffs approved by the State Corporation Commission. Alternatively, such [ an ] electricity [ customer customers ] may seek an exemption from the State Corporation Commission to provide less than five years' notice and, if such exemption is granted, return to service provided by the local distribution company at prices based on market-based costs pursuant to § 56-577 A 3 d [ of the Code of Virginia ].

R. The local distribution company may, upon a proper showing with evidence acquired by actual experience, apply for approval from the State Corporation Commission to implement alternative minimum stay period requirements. If the applicant proposes to lower the applicability limit below 500 kW, such application shall include at a minimum, the detailed information prescribed by the State Corporation Commission in the text of its Final Order in Case No. PUE010296, or as may be revised in a subsequent order.

S. The local distribution company electing to implement a minimum-stay period in conformance with this chapter shall notify, in writing, applicable customers at least 30 days in advance of such implementation date and within each subsequent notification letter as required by 20VAC5-312-80 I. Electricity customers who have selected a competitive service provider prior to the local distribution company's notice of implementing a minimum-stay period will not be subject to the minimum stay period until such time as the customer renews an existing contract or chooses a new competitive service provider.

20VAC5-312-90. Billing and payment.

A. A competitive service provider [ shall may ] offer separate billing service or consolidated billing service, where either the local distribution company or the competitive service provider would be the billing party, to prospective customers pursuant to § 56-581.1 of the Code of Virginia and the local distribution company's tariff approved by the State Corporation Commission. Where a competitive service provider would be the billing party, prior to an initial offering of consolidated billing service to customers within the service territory of each local distribution company, and after certification as required by 20VAC5-312-20 L K, the competitive service provider shall abide by the following requirements:

1. The competitive service provider shall provide written notice, at least 30 days in advance, to the local distribution company and to the State Corporation Commission's Division of Energy Regulation and Division of Economics and Finance. The written notification to the Division of Energy Regulation and the Division of Economics and Finance shall include:

a. The anticipated date of the initial consolidated billing service offering in each local distribution company service territory in which the service will be offered.

b. Any changes in information provided by the competitive service provider in its original license application pursuant to 20VAC5-312-40 A that have not been reported to the State Corporation Commission pursuant to 20VAC5-312-20 Q P and 20VAC5-312-20 R Q.

c. The expected maximum market penetration for the provision of consolidated billing service to electricity customers during the following 12 months, including the estimated number of customers and associated annual consumption by customer type or load profile classification.

d. A representation that the electric competitive service provider has undertaken the necessary preliminary coordination efforts with tax officials of each potentially affected locality regarding the competitive service provider's obligation to collect and remit local consumption taxes and local utility consumer taxes.

2. The competitive service provider shall establish such financial security as the State Corporation Commission may require for such competitive service provider's estimated liability associated with the collection and remittance of state, local, and special regulatory consumption taxes and local utility consumer taxes.

B. Subject to the exemptions applicable to municipal electric utilities and utility consumer service cooperatives set forth in § 56-581.1 J of the Code of Virginia, a competitive service provider shall coordinate the provision of the customer-selected billing service with the local distribution company by any means specified by VAEDT or as otherwise provided by the local distribution company's tariff approved by the State Corporation Commission.

C. Consolidated billing, except as otherwise arranged through contractual agreement between the local distribution company and a competitive service provider or as otherwise provided by the local distribution company's tariff approved by the State Corporation Commission, shall:

1. Be performed under a "bill-ready" protocol.

2. Not require the billing party to purchase the accounts receivable of the nonbilling party.

3. Not require the electric local distribution company to include natural gas competitive energy service charges on a consolidated bill or the natural gas local distribution company to include electric competitive energy service charges on a consolidated bill.

4. Not require the local distribution company to exchange billing information for any customer account with more than one competitive service provider for the same billing period.

5. Comply with the local distribution company's normal billing and credit cycle requirements for distribution service.

D. In the event a competitive service provider collects security deposits or prepayments, such funds shall be held in escrow by a third party in Virginia, and the competitive service provider shall provide to the State Corporation Commission the name and address of the entity holding such deposits or prepayments.

E. A competitive service provider requiring a deposit or prepayment from a customer shall limit the amount of the deposit or prepayment to the equivalent of a customer's estimated liability for no more than three months' usage of services from the competitive service provider by that customer.

F. Customer deposits held or collected by a local distribution company shall be for only those services provided by the local distribution company. Any deposit held in excess of this amount shall be promptly credited or refunded to the customer. The local distribution company may, upon a customer's return to regulated electricity supply service or natural gas supply service, collect that portion of a customer deposit as permitted by the local distribution company's tariffs and 20VAC5-10-20.

G. Terms and conditions concerning customer disconnection for nonpayment of regulated service charges shall be set forth in each local distribution company's tariff approved by the State Corporation Commission. A customer may not be disconnected for nonpayment of unregulated service charges. If a customer receives consolidated billing service and a competitive service provider is the billing party, the local distribution company shall advise the customer directly of any pending disconnection action for nonpayment through 10 days' notice by mail, separate from the consolidated bill. Such notice shall clearly identify the amount that must be paid and the date by which such amount must be received by, and also provide instructions for direct payment to, the local distribution company to avoid disconnection.

H. The provision of consolidated billing service shall conform to the following requirements:

1. The billing party shall apply a customer's partial payment of a consolidated bill as designated by the customer, or, in the absence of a customer's designation, to charges in the following order: (i) to regulated service arrearages owed the local distribution company; (ii) to competitive energy service arrearages owed the competitive service provider; (iii) to regulated service current charges of the local distribution company; (iv) to competitive energy service current charges of the competitive service provider; and (v) to other charges.

2. Collections of state and local consumption taxes and local utility consumer taxes shall be remitted as required by law. The person responsible for collecting and remitting such taxes shall:

a. Submit simultaneously, on or before the last day of the succeeding month of collection to the State Corporation Commission's Division of Public Service Taxation, the payment of the preceding month's state and special regulatory consumption taxes and associated Electric Utility or Natural Gas Consumption Tax Monthly Report.

b. Submit simultaneously, in accordance with the Code of Virginia and local ordinance, to each local government in whose jurisdiction the taxes have been collected, the payment of local consumption taxes and local utility consumer taxes and associated tax remittance reports.

I. The local distribution company and a competitive service provider shall comply with the following minimum billing information standards applicable to all customer bills:

1. Sufficient information shall be provided or referenced on the bill so that a customer can understand and calculate the billing charges.

2. Charges for regulated services and unregulated services shall be clearly distinguished.

3. Standard terminology shall be employed and charges shall be categorized for the following key bill components, as applicable: (i) distribution service; (ii) competitive transition charge; (iii) electricity supply service or natural gas supply service; (iv) (iii) state and local consumption tax; and (v) (iv) local (or locality name) utility tax. The bill may provide further detail of each of these key components as appropriate.

4. Nonroutine charges and fees shall be itemized including late payment charges and deposit collections.

5. The total bill amount due and date by which payment must be received to avoid late payment charges shall be clearly identified.

6. The 24-hour toll-free telephone number of the local distribution company for service emergencies shall be clearly identified.

7. In the event a disconnection notice for nonpayment is included on a customer bill issued by the local distribution company, the notice shall appear on the first page of the bill and be emphasized in a manner that draws immediate attention to such notice. The notice shall clearly identify the amount that must be paid and the date by which such amount must be paid to avoid disconnection.

8. The following additional information shall be provided on customer bills to the extent applicable:

a. Customer name, service address, billing address, account number, rate schedule identifier, and meter identification number.

b. Billing party name, payment address, and toll-free telephone number for customer inquiries and complaints.

c. For consolidated bills, nonbilling party name and toll-free telephone number for customer inquiries and complaints and the customer's local distribution company account number.

d. Bill issue date and notice of change in rates.

e. Previous and current meter readings and dates of such meter readings or metering period days, current period energy consumption, meter reading unit conversion factor, billing-demand information, and "estimated" indicator for non-actual meter reads.

f. Previous bill amount or account balance, payments received since previous billing, balance forward, current charges, total amount due or current account balance, and payment plan information.

g. For consolidated bills, billing party and nonbilling party elements as specified in subdivision 8 f of this subsection.

J. The local distribution company shall comply with the following additional billing information standards applicable to the bills of customers that are not subject to demand-based billing charges and that purchase regulated electricity supply service or regulated natural gas supply service from the local distribution company:

1. The local distribution company shall employ standard terminology and categorize charges for the following key billing components: (i) distribution service; (ii) electricity supply service or natural gas supply service; (iii) state and local consumption tax; and (iv) local (or locality name) utility tax. Brief explanations of distribution service and electricity supply service or natural gas supply service shall be presented on the bill. Such explanations shall convey that distribution service is a regulated service that must be purchased from the local distribution company and that electricity supply service or natural gas supply service may be purchased from the competitive market but, if applicable, may result in a competitive transition charge;

2. The local distribution company shall provide on customer bills a customer's monthly energy consumption, numerically or graphically, for the previous 12 months; and

3. The investor-owned electric local distribution company shall provide on each bill a "price-to-compare" value, stated in cents per kilowatt-hour, representing the cost of regulated electricity supply service [ less the competitive transition charge, if any, ] that would be applicable if such service were purchased from a competitive service provider. The appropriate use and limitations of such "price-to-compare" value shall be stated on the bill.

K. The local distribution company shall develop and implement a program to provide "price-to-compare" information and assistance to customers. [ The local distribution company shall provide a program plan to the State Corporation Commission's Division of Energy Regulation at least 90 days prior to the implementation of full or phased-in retail access. ] Such a program shall ensure that customers will be provided meaningful information for evaluating competitive offers of electricity supply service or natural gas supply service. At a minimum, the program shall include a mechanism for providing, or making readily accessible, customer-specific "price-to-compare" information, including explanations of its appropriate use and limitations and, if applicable, the relationship between the regulated electricity supply charge, the competitive transition charge, and the "price-to-compare.".

L. The billing party shall, except as otherwise arranged through contractual agreement with the nonbilling party, provide sufficient space on a consolidated bill to accommodate the local distribution company's customer account number and the nonbilling party's name and toll-free telephone number, previous bill amount or account balance, payments applied since the previous billing, balance forward, total current charges, total amount due or current account balance, six additional numeric fields to detail current charges, and 240 additional text characters.

M. If the local distribution company, as the billing party, provides consolidated billing service to a customer and continues to be the customer's billing party after the customer's service with a competitive service provider terminates, the local distribution company shall, except as otherwise arranged through contractual agreement with such competitive service provider, continue to track and bill customer account arrearages owed to such competitive service provider for two billing cycles after service has terminated. The bill shall list, at a minimum, the name, toll-free telephone number, and balance due for each former competitive service provider.

N. If the current charges of the nonbilling party are not included on the consolidated bill issued by the billing party, the bill shall note that such charges are not included.

O. If the current charges of the nonbilling party are not included on the consolidated bill issued by the billing party due to causes attributable to the nonbilling party, the charges shall be billed in the following month unless the two parties mutually agree to other arrangements.

P. If the current charges of the nonbilling party are not included on the consolidated bill issued by the billing party due to causes attributable to the billing party, the bill shall be cancelled and reissued to include such charges unless the two parties mutually agree to other arrangements.

Q. The local distribution company or a competitive service provider shall report any significant deficiency regarding the timely issuance, accuracy, or completeness of customer bills to the State Corporation Commission's Division of Energy Regulation as soon as practicable. Such reports shall detail the circumstances surrounding the deficiency and the planned corrective actions.

R. If the local distribution company has an approved tariff for electric energy provided 100% from renewable energy pursuant to § 56-577 A 5 of the Code of Virginia, the provisions of [ subsections A through Q of ] this section shall not be applicable. Instead, an electric distribution company and an electric competitive service provider shall only offer separate billing service where both would be the billing party for the respective services to prospective customers pursuant to the local distribution company's tariff approved by the State Corporation Commission.

20VAC5-312-120. Electricity metering. (Repealed.)

A. If the local distribution company provides interval metering as a customer's basic metering service in accordance with its applicable tariff, interval metering of that customer's load shall continue to be required if the customer purchases electricity supply service from a competitive service provider. Unless other arrangements are agreed upon between the local distribution company and the customer, the local distribution company may remove the interval meter if the customer's load deteriorates below previously established interval metering thresholds.

B. Upon a customer's request, the local distribution company shall provide interval metering service to the customer at the net incremental cost above the basic metering service provided by the local distribution company. The local distribution company shall reply to the customer in writing within five business days of the request for interval metering service, acknowledging receipt of the request, explaining the process, and identifying the prerequisites for commencing and completing the work. Once the customer has completed the applicable prerequisites, the local distribution company shall complete the work within 45 calendar days, or as promptly as working conditions permit.

C. The local distribution company shall offer each of the following interval metering service options to customers or their authorized competitive service provider to access unedited interval data from the local distribution company's interval metering equipment and consistent with the local distribution company's communication protocol: (i) read-only electronic access to the interval billing meter, (ii) receipt of a stream of data pulses proportional to energy usage, and (iii) both of the foregoing.

D. As a component of interval metering service, the local distribution company shall read interval meters at a frequency in accordance with its applicable terms and conditions and shall store interval meter data at intervals compatible with wholesale load settlement requirements. Interval meter data may be estimated on occasion as necessary. The local distribution company shall make available to customers or their authorized competitive service provider 12 months of historical edited interval data through electronic communication medium unless otherwise requested by mail, as mutually agreed.

E. The local distribution company shall respond to requests from customers or their authorized competitive service provider to evaluate special metering functionality that may not be provided normally under the local distribution company's tariff but that is determined by the local distribution company to be within the capability of its interval metering equipment. The local distribution company shall acknowledge receipt of the requests in writing within five business days, indicating that the net incremental cost, prerequisites and process for providing the special metering functionality will be submitted in writing within 30 days. Once the customer has completed the applicable prerequisites, the local distribution company shall provide the special metering functionality within 45 calendar days, or as promptly as working conditions permit.

F. The local distribution company shall install and maintain meters owned by large industrial customers and large commercial customers if the meter is determined to be consistent with the local distribution company's billing and metering systems and communication protocol. Ownership shall apply to the meter as defined by a line of demarcation specified in the local distribution company tariff approved by the State Corporation Commission.

G. Upon a customer's request to own a meter in accordance with subsection F of this section, the local distribution company shall reply to the customer in writing within 10 days of the request, acknowledging receipt of the request, explaining the process, and identifying the prerequisites for commencing and completing the work. The local distribution company shall also explain its policies with respect to replacement of defective meters. Once the customer has completed the applicable prerequisites, the local distribution company shall complete the work within 45 days, or as promptly as working conditions permit.

H. Upon the installation of a meter owned by a customer in accordance with subsections F and G of this section, the local distribution company shall continue to have full access to the meter and shall continue to perform its normal obligations including but not limited to testing, replacement, customer accounting, reading and data management. In accordance with subsection C of this section, the local distribution company shall provide customers or their authorized competitive service provider with read-only electronic access to the meter.

20VAC5-313-10. Applicability.

A. The existing Rules Governing Retail Access to Competitive Energy Services (20VAC5-312) remain enforceable unless further qualified by the following additional rules.

B. These transitory regulations are promulgated pursuant to the amended provisions of the Virginia Electric Utility Restructuring Act (§§ 56-577 E and 56-583 of the Code of Virginia). This chapter applies to suppliers of electric services including investor-owned local distribution companies and competitive service providers, and are in addition to the existing rules of 20VAC5-312. The provisions in this chapter shall be applicable to the provision of generation service to the qualifying customers electing exemption to the current minimum stay provisions or to payment of the current wires charges. Rules applicable to the minimum stay exemption program shall remain in force until the termination of capped rates as provided under statute or State Corporation Commission order. Rules applicable to the offering of the wires charges exemption program shall remain in force until the earlier of July 1, 2007, or the termination of any wires charges.

[ 20VAC5-313-20. Exemption to minimum stay provisions.

A. This section applies to an investor-owned electric local distribution company imposing minimum stay provisions on certain customers as applicable under 20VAC5-312-80 Q and 20VAC5-312-80 R and to competitive service providers serving such customers.

B. An investor-owned electric local distribution company shall offer any customer with an annual peak demand of 500 kW or greater that returns to the service of the local distribution company the option to accept the service at pursuant to the established capped rates prices, terms, and conditions of its tariffs approved by the State Corporation Commission and abide by the current minimum stay requirements or to accept the service at market-based costs without the obligation of a minimum stay requirement.

C. The investor-owned electric local distribution company shall provide written notice, in a clear and conspicuous manner, as approved by the staff of the State Corporation Commission to qualified customers of the options identified in subsection B of this section. In addition, the investor-owned local distribution company shall supplement such written notice by providing information on its website, as approved by the staff of the State Corporation Commission, detailing the options identified in subsection B of this section.

D. The investor-owned local distribution company's notification to the customer advising that it has received a cancellation notice from the customer's competitive service provider, as required by 20VAC5-312-80 N, shall also in a clear and conspicuous manner, as approved by the staff of the State Corporation Commission, advise the customer of the options identified in subsection B of this section.

E. The investor-owned electric local distribution company shall employ the methodology to determine its market-based costs as provided in 20VAC5-313-40 and approved by the State Corporation Commission in Case No. PUE-2004-00068 for any customer electing such option and subsequently returning to the local distribution company.

F. The investor-owned electric local distribution company shall submit a tariff containing the market-based prices determined in subsection E of this section to the State Corporation Commission for approval prior to implementing such prices. ]

20VAC5-313-30. Exemption to wires charges. (Repealed.)

A. This section applies to an investor-owned electric local distribution company imposing wires charges on its customers, except those customers participating in pilot programs approved by the State Corporation Commission in Case No. PUE-2003-00118, and to competitive service providers serving such customers.

B. The investor-owned electric local distribution company shall offer large industrial customers or large commercial customers, as well as any group of customers of any rate class aggregated together, subject to the participation limits of subsection I of this section, and upon the customer's notice to participate at least 60 days in advance, the option to purchase retail electric energy from licensed competitive service providers without the obligation to pay any wires charges imposed by the utility in exchange for the customers' agreement to pay market-based costs upon any subsequent return to service of the local distribution company.

C. The investor-owned electric local distribution company shall provide written notice, in a clear and conspicuous manner, as approved by the staff of the State Corporation Commission, to qualified customers of the options identified in subsection B of this section and associated risks, particularly the customer's inability to ever return to service of the local distribution company at capped rates. In addition, the investor-owned local distribution company shall supplement such written notice by providing information on its website, as approved by the staff of the State Corporation Commission, detailing the options identified in subsection B of this section.

D. The investor-owned electric local distribution company shall employ the methodology to determine its market-based costs as provided in 20VAC5-313-40 and approved by the State Corporation Commission in Case No. PUE-2004-00068 for any customer electing such option and subsequently returning to the local distribution company.

E. An aggregator electing to serve a group of electric customers and acting on behalf of each customer and electing the option offered through subsection B of this section shall do so on behalf of its total aggregated load.

F. A contract of an aggregator and a competitive service provider serving such qualified customers shall contain a clear and conspicuous caption: "Customer's Right to Exemption of Wires Charges," in bold face type of a minimum size of 10 points, disclosing any wires charges imposed by the local distribution company, including options to exempt such payment, and associated risks to exercise such options, including the inability to ever return to service of the local distribution company at capped rates.

G. The investor-owned local distribution company's notification to the customer advising of an enrollment request, as required by 20VAC5-312-80 I, for customers electing to waive the wires charges, shall in a clear and conspicuous manner, as approved by the staff of the State Corporation Commission, state that the customer will not be required to pay wires charges, but that the customer will not ever return to service of the local distribution company at capped rates.

H. The competitive service provider serving a customer that is not obligated to pay wires charges shall provide the investor-owned local distribution company 60 days notice prior to terminating service to such a customer.

I. The election to be exempt from any wires charges is available to the first 1,000 MW or 8.0% of the investor-owned electric local distribution company's prior year Virginia adjusted peak-load.

J. Such exemption provisions are enforceable until the earlier of July 1, 2007, or the termination of any imposed wires charges, while the inability to return to capped rate service remains indefinitely upon exercising this option.

VA.R. Doc. No. R08-1525; Filed December 1, 2008, 10:49 a.m.