Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter G - DEFAULT SERVICE › Section 54.185 - Default service programs and periods of service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A DSP shall file a default service
					 program with the Commission's Secretary's Bureau no later than 12 months prior
					 to the conclusion of the currently effective default service program or
					 Commission-approved generation rate cap for that particular EDC service
					 territory, unless the Commission authorizes another filing date. Thereafter,
					 the DSP shall file its programs consistent with schedules identified by the
					 Commission.
(b) The Commission will
					 hold hearings as necessary on the proposed plan or amended plan. If the
					 Commission fails to issue a final order on the plan or amended plan within 9
					 months of the date that the plan is filed, the plan or amended plan will be
					 deemed to be approved and the default service provider may implement the plan
					 or amended plan as filed. Costs incurred through an approved competitive
					 procurement plan shall be deemed to be the least cost over time.
(c) Default service programs must comply with
					 Commission regulations pertaining to documentary filings in Chapter 1 (relating
					 to rules of administrative practice and procedure), except when modified by
					 this subchapter. The DSP shall serve copies of the default service program on
					 the Pennsylvania Office of Consumer Advocate, Pennsylvania Office of Small
					 Business Advocate, the Commission's Office of Trial Staff, EGSs registered in
					 the service territory and the RTO or other entity in whose control area the DSP
					 is operating. Copies shall be provided upon request to other EGSs and shall be
					 available at the DSP's public internet domain.
(d) The first default service program shall
					 be for a period of 2 to 3 years, or for a period necessary to comply with
					 subsection (e)(4), unless another period is authorized by the Commission.
					 Subsequent program terms will be determined by the Commission.
(e) A default service program must include
					 the following elements:
(1) A procurement plan
					 identifying the DSP's electric generation supply acquisition strategy for the
					 period of service. The procurement plan should identify the means of satisfying
					 the minimum portfolio requirements of the Alternative Energy Portfolio
					 Standards Act (73 P. S. §
													§
													1648.1-1648.8) for the period of
					 service.
(2) An implementation plan
					 identifying the schedules and technical requirements of competitive bid
					 solicitations and spot market energy purchases, consistent with §
												54.186 (relating to default
					 service procurement and implementation plans).
(3) A rate design plan recovering all
					 reasonable costs of default service, including a schedule of rates, rules and
					 conditions of default service in the form of proposed revisions to its
					 tariff.
(4) Documentation that the
					 program is consistent with the legal and technical requirements pertaining to
					 the generation, sale and transmission of electricity of the RTO or other entity
					 in whose control area the DSP is providing service. The default service
					 procurement plan's period of service must align with the planning period of
					 that RTO or other entity.
(5)
					 Contingency plans to ensure the reliable provision of default service when a
					 wholesale generation supplier fails to meet its contractual
					 obligations.
(6) Copies of
					 agreements or forms to be used in the procurement of electric generation supply
					 for default service customers. This includes all documents used as part of the
					 implementation plan, including supplier master agreements, request for proposal
					 documents, credit documents and confidentiality agreements. When applicable,
					 the default service provider shall use standardized forms and agreements that
					 have been approved by the Commission.
(7) A schedule identifying generation
					 contracts of greater than 2 years in effect between a DSP, when it is the
					 incumbent EDC, and retail customers in that service territory. The schedule
					 should identify the load size and end date of the contracts. The schedule shall
					 only be provided to the Commission and will be treated as
					 confidential.