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PG&E Says Acceptance of Six-Month Notices of Intent from Legacy Direct Access Eligible Customers Complied with PUC Order

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October 19, 2010

Pacific Gas & Electric said that its acceptance of six-month Notices of Intent from legacy direct-access eligible customers during the period between March 11, 2010 and April 11, 2010 complied with the California PUC's order regarding the direct access load cap and its own tariffs (R. 07-05-025).

As first reported by Matters (9/30/10), Commercial Energy of Montana has argued that allowing customers eligible for direct access prior to SB 695 to submit six-month Notices of Intent to take direct access prior to the start of the open enrollment window on April 11, 2010 was inconsistent with the PUC's March 11 order on SB 695 implementation.  Commercial Energy argued that these legacy direct access customers lost their ability to submit a six-month Notice of Intent outside of the open enrollment window due to the PUC's March order.

However, PG&E noted that, while the March order (D.10-03-022) includes a specific requirement that acceptance of six month notices from residential customers should stop effective March 11, 2010, "nowhere in the decision is this March 11 cut-off date extended to non-residential customers."

PG&E further noted the March decision held that, "[e]xisting rules and processes currently in place for DA service shall remain in place, except for changes specified herein as necessary to implement the provisions of SB 695."  Thus, PG&E said that legacy customers' ability to submit six-month Notices of Intent were not affected until the SB 695 provisions took effect on April 11.

PG&E submitted to the PUC on April 2 via advice letter Electric Rule No. 22.1 Section C to implement D.10-03-022.  PG&E noted that Section C.1. explicitly provides that the new phase-in rules are not applicable to non-residential bundled portfolio service (BPS) customers who submitted a Six Month Notice To Transfer To Direct Access Service form prior to April 11, 2010.

"Commercial had the opportunity to bring their concerns regarding PG&E's implementation of D.10-03-022 to the attention of the Commission by April 22, 2010.  However, there were no protests to AL 3646-E submitted by Commercial or any other party.  It is disingenuous for Commercial to say nothing in April and then come forward months later, only after determining the process was not as successful for them as they had hoped," PG&E said.

PG&E said that its calculation of the direct access baseline, and percentage of load available each year under the SB 695 transition, were in compliance with the PUC's March order, and said that the recalculation sought by Commercial is not supported by the decision.

   
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