However, this would probably be more appropriate in its own docket or within the context of the other, broader docket on essential use-related issues which will be pursued later this year. Summary This docket is addressing the issue of the designation of schools as essential use facilities. Transportation was a new service, there were concerns regarding the ability of non-utility providers to deliver and the ability of customers to individually secure supplies. These concerns have largely been addressed by the marketplace. Many customers have used the ability to transport to secure their own supplies for meeting their energy needs.
Staff is unaware of customers experiencing significant supply interruptions due to marketer failure.
This is not to say that the market is perfect. Two years ago, at a time of system stress, many interruptible customers failed to interrupt when ordered to do so. The imposition of penalties and the process of sorting through the subsequent complaints citing misunderstanding regarding the customer's obligations or the failure of equipment is telling. Staff believes that given the issues and facts discussed in this paper, there is no need for an evidentiary hearing with respect to dropping the essential use designation for schools. With the exception of dormitory-like facilities, staff recommends that schools no longer be subject to the limitations of the essential use designation.