ࡱ> ܥhW eow+Mnl  ( a:" RDkXh   h .Jf4August 20, 1997 Steve Roscow California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 Dear Mr. Roscow: The Direct Access Alliance is pleased to submit the attached Direct Access Tariff and associated ESP Service Agreement for inclusion in the Energy Divisions report on the workshop on the utility direct access tariffs. As discussed in the workshop, the Alliance members are united in their support for a single, statewide reciprocal tariff and service agreement which provides for a seamless, consistent and simplified California direct access competitive market. They are also united in their view that the disparate tariffs proposed by the three UDCs and presented in the workshop need substantial revision to provide the appropriate framework for the new market. Accordingly, in an effort to provide specific, uniform and constructive comment, the Alliance has drafted the attached tariff and service agreement, using the proposed tariff of SDG&E as the starting point for the tariff and a melding of all three utility proposals for the service agreement. While individual Alliance members reserve their right to offer further improvements in this tariff (as well as the revised tariffs of the utilities) in their comments on the workshop report, they endorse this tariff and agreement as written as being both: 1) preferable to the proposed utility tariffs discussed in the workshop; and 2) an acceptable framework for initiation of the direct access market recognizing that these rules are likely to be revised as the market moves forward. Due to the considerable effort required to prepare this tariff and achieve the above consensus among the Alliances broad and diverse membership, the Alliance has had little opportunity to discuss this tariff with the UDCs. We understand that PG&E and Edison have redrafted their separate tariffs into a single joint new tariff which is also organized based on SDG&Es tariff. We further understand that this revised proposal will also be attached to the workshop report. The Alliance looks forward to reviewing this new proposal and to discussing both the Alliance draft and the Edison/PG&E draft with the UDCs early next week. While the outcome of these discussions is uncertain, the Alliance is hopeful that this dialogue may result in additional points of agreement which can be reflected in the comments on the workshop report. Christopher T. Ellison Douglas K. Kerner TABLE OF CONTENTS TOC \f A. CUSTOMER SERVICE ELECTIONS 1 B. GENERAL TERMS 2 C. CUSTOMER INQUIRIES AND DATA ACCESSIBILITY 6 D. ESP SERVICE ESTABLISHMENT 7 E. DIRECT ACCESS SERVICE REQUEST (DASR) 7 F. GRACE PERIOD FOR THE CANCELLATION OF REQUESTED SERVICES 9 G. INDEPENDENT VERIFICATION 10 H. METERING SERVICES 10 I. UTILITY METER SERVICE OPTIONS AND OBLIGATIONS 13 J. GENERAL TERMS AND CONDITIONS FOR DIRECT ACCESS METERS AND METERING SERVICES 15 K. [INTENTIONALLY LEFT BLANK] 16 L. [INTENTIONALLY LEFT BLANK] 16 M. METER READING DATA OBLIGATIONS 16 N. BILLING SERVICE OPTIONS AND OBLIGATIONS 16 O. PAYMENT AND COLLECTION TERMS 23 P. LATE OR PARTIAL PAYMENTS, AND UNPAID BILLS 25 Q. INVOLUNTARY SERVICE CHANGES 26 R. SERVICE DISCONNECTIONS AND RECONNECTIONS 29 S. CREDIT REQUIREMENTS 30  The following terms and conditions apply to both utility customers and electric energy service providers who participate in Direct Access. Direct Access shall refer to any end-use utility customer electing to procure their electricity, and any other CPUC authorized energy services, directly from electric service providers (ESP) as defined in Rule 1. ESPs who serve residential or small commercial service accounts shall be registered with the State of California and meet any certification requirements established by the appropriate State agencies. A. CUSTOMER SERVICE ELECTIONStc "A. CUSTOMER SERVICE ELECTIONS" All utility customers will have the opportunity to acquire their electric power needs under three options. (1) Default Utility Services This service preserves traditional utility electric services, where the utility performs all energy services for the end-use customer. The utility will acquire all its electric power requirements from the Power Exchange (PX). All customers who have not chosen to use direct access remain on default utility services. Customers may choose to return to default utility services after having elected direct access. (2) Hourly PX Rate Option (Virtual Direct Access) This service allows customers to purchase electric power from the utility at the applicable PX price posted each hour. This service requires customers to have in place Interval Metering, as defined in SectionB, General Terms, at the customers expense. For all customers receiving default utility services, this is a service election that must be requested by the customer. (3) Direct Access This service election allows customers to purchase energy services from non-utility entities known as ESPs. Direct Access customers may purchase their electric power from an ESP. Customers will have the opportunity to elect consolidated billing services from the utility or the ESP, or elect separate bills from each entity. The billing options are described in Section O, Billing Service Options and Obligations. Direct Access customers who are not defined as residential or small commercial, as defined in Section B, General Terms, will be required to have in place Interval Metering, as defined below, at the customers expense. Pursuant to D. 97-05-039, these customers will be eligible to choose either the utility or ESP to provide meter services. After 1998, the CPUC may extent meter service elections to remaining customers. Meter service options are described in Section I, Summary of Meter Service Options and Obligations. Direct Access customers, who have individual service accounts with a maximum demand between 20 and 50 kW may be exempt from Interval Metering requirements pursuant to CPUC rules (as yet undetermined). B. GENERAL TERMStc "B. GENERAL TERMS" (1) Definitions The definitions of principal terms used in this rule are found either herein or in Rule1, Definitions. Unless otherwise stated, all references to customer in this rule will refer to utility customers who have elected Direct Access. Unless otherwise stated, all references to small commercial customers in this rule will be defined in Rule 1, Definitions. Unless otherwise stated, all references to service account shall refer to individual customer meters. The descriptive headings of the various sections of this Agreement have been inserted for convenience of reference only and shall in no way define, modify or restrict any of the terms and provisions thereof. (2) General Obligations of the Utility (a) Neutrality The utility shall discharge its responsibilities under this tariff in a neutral manner as to providers of all commodities and services which are subject to customer choice. Unless otherwise authorized by the CPUC, a utility shall not: (1) represent that its affiliate(s) or customers of its affiliate(s) will receive any different treatment with regard to the provision of utility services than other, unaffiliated service providers as a result of affiliation with the utility; or (2) provide its affiliate(s), or customers of its affiliate(s), any preference (including but not limited to terms and conditions, pricing or timing) over non-affiliated suppliers or their customers in the provision of utility services. (b) Requests for Utility Services A utility shall process requests for similar utility services, such as DASRs, in the same manner and within the same time period for its affiliate(s) and for all other market participants and their respective customers. (c) Information Flow A utility will receive information from, and provide information to, all service providers, including its affiliate(s) and the utility's power sales personnel, in the same manner, form and time period. (d) Timeliness, Due Diligence and Resolution of Ambiguities Consistent with state law and CPUC decisions, the utility shall exercise due diligence in meeting its obligations and deadlines under this tariff so as to facilitate customer choice as quickly as possible. Any ambiguities or inconsistencies affecting this tariff shall be resolved in the manner which achieves the goal of facilitating customer choice as quickly as possible. (3) General Obligations of ESPs (a) Timeliness and Due Diligence ESPs shall exercise due diligence in meeting their obligations and deadlines under this tariff so as to facilitate customer choice as quickly as possible. ESPs shall make all payments owed to the utility under this tariff in a timely manner subject to applicable payment dispute provisions. (b) Arrangements with ESP Customers ESPs shall be solely responsible for having appropriate contractual or other arrangements with their customers necessary to implement direct access consistent with all applicable laws, CPUC requirements and this tariff. The utility shall not be responsible for monitoring, reviewing or enforcing such contracts or arrangements. (c) Scheduling Coordinator As a requirement of this tariff, ESPs shall have one or more Scheduling Coordinators. ESPs shall disclose the identity of their Scheduling Coordinator(s) to the utility. The utility shall not be responsible for enforcing requirements applicable to the performance of the Scheduling Coordinator(s). (4) Transfer of Cost Obligations Between ESPs and Customers Nothing in this tariff is intended to prevent ESPs and customers from agreeing to reallocate between them any costs which are designated in this tariff to be paid by either of them. (5) Customer Responsibility for Electric Purchases Direct Access customers, or their authorized ESPs, will be responsible for the purchase of their electric power needs on the utility system and the delivery of such purchases to designated receipt points as determined by the Scheduling Coordinators (SC). (6) Utility Not Liable for ESP Services To the extent the customer takes service from an ESP, the utility no longer has obligations to the customer with respect to the services provided by the ESP. The customer must look to the ESP to carry out the responsibilities associated with that service. (7) Load Aggregation for Procuring Electric Power Customers or ESPs may aggregate individually metered electric loads for procuring electric power only. Load aggregation will not be used to compute UDC charges. The right of customers to physically aggregate by combining multiple accounts into a single metered account as permitted under CPUC-approved tariffs is not restricted by this section. (8) Split Loads Not Allowed Customers requesting Direct Access services may not partition the electric loads of a service account among electric service options. The entire load of a service account must be nominated to only one of the electric service options available to customers. (9) Residential and Small Commercial Customers Any service account that is defined as residential or small commercial shall be eligible for statistical load profiles and a 10% reduction in rates effective January 1, 1998. These customers will not be eligible for meter services provided by non-utility parties until January 1, 1999, or until such time as the CPUC approves the expansion of meter service choices for these customers. A small commercial customer shall be defined as any service account that records a maximum demand of 20 kilowatts (kW) or greater for no more than three billing periods during the 12-month period ending November 30, 1997. For accounts without meters that register maximum demand, a small commercial customer shall refer to any service account that records a monthly maximum usage of 12,000 kilowatts hours (kWh) or greater for no more than three billing periods during the 12-month period ending November 30, 1997. (10) Interval Metering Interval Metering shall refer to the purchase, installation and maintenance of a meter device capable of recording minimum data required. Minimum data requirements include (a) hourly data required for the Direct Access settlement process; or (b) data required to bill utility distribution tariffs, including any communication systems needed to allow the customer access to meter read usage data. (11) Statistical Load Profiles The utility will provide statistical load profiles, in place of Interval Metering, to permit the utility or ESP to compute the bills for all Direct Access customers who have service accounts that do not require, or are exempt from, Interval Metering as specified above. Statistical load profiles will not apply to service accounts where Interval Metering is in place and used for billing. Statistical load profiles will apply a CPUC-authorized class-average hour-by-hour load profile to determine a single monthly average PX price appropriate for that class of customer. (12) Master Metered Customers Individual master metered customers multi-family residential dwellings, mobile home parks, marinas who provide sub-metered tenant billings, may participate in Direct Access as a single account. A master metered customer may not partition the electric loads of a single master meter among several electric service options. The entire load of a single master meter must receive service under one electric service option. (13) Service Rates and Other Charges The utility may assess charges for Direct Access Services provided that such charges: 1) are based on verifiable costs subject to public review in an appropriate CPUC proceeding; 2) are for costs which do not duplicate those costs which the utility is authorized to recover in its other tariffs; and 3) are commensurate with the credits given to ESPs for reductions in utility costs when the ESP provides the same or similar services in lieu of the utility. These issues shall be resolved in the CPUCs unbundling proceeding (A.96-12-009 et al.) or such other appropriate proceeding as the CPUC shall designate. The utility shall not assess any charges not expressly approved by the CPUC in its decision in this proceeding. Any reference in the remainder of this tariff to any charges by the utility for the provision of Direct Access Services shall be subject to this section, whether specifically stated there or otherwise. Nothing in this tariff shall be deemed to govern or affect the charges which an ESP may receive for services it provides to the utility. These charges shall be governed by such agreements as the utility and the ESP may voluntarily enter into for such services as set forth the ESPs service agreement with the utility. (14) CTC Obligations Direct Access customers will be responsible to pay for all competitive transaction charges (CTC) authorized by the CPUC for the utility to recover from customers in accordance with state law. To the extent a customer will not use the utilitys facilities for direct access, a customer shall provide in writing the customers understanding and acceptance of the obligation to pay CTC unless the customer is eligible for an exemption or has a valid jurisdictional objection. Other customers will not be required to provide such a written statements. C. CUSTOMER INQUIRIES AND DATA ACCESSIBILITYtc "C. CUSTOMER INQUIRIES AND DATA ACCESSIBILITY" (1) Customer Inquiries For all customers setting up a new account and for other customers upon request, the utility will make available the following information on Direct Access: (a) CPUC approved customer information packets, explaining the customers choices for electric services, and the procedures and forms needed to implement these services. (b) A list of CPUC-registered ESPs eligible to serve residential and small commercial customers as well as a list of all ESPs with service agreements to do business in the utilitys service territory. The utility will endeavor to update its lists periodically, but the utility is under no obligation to assure the accuracy of these lists. (2) Access to Customer Usage Data The utility will provide customer-specific usage data to parties specified by the customer, subject to the following provisions: (a) Except as provided in Section E, the inquiring party must have written authorization from the customer to release such information to the inquiring party only. At the customers request, this authorization may also indicate if customer information may be released to other parties as specified by the customer. (b) Subject to customer authorization, the utility will provide the most current available one-year of customer-specific usage data in a format approved by the CPUC. Thereafter, the utility will have the ability to assess a processing charge only if approved by the CPUC in accordance with Section B.13 of this Tariff. (c) The utility will make available a database containing a 12-month history of customer-specific usage information with geographic and SIC information, but with customer identities removed. The utility will have the ability to assess a charge only if approved by the CPUC in accordance with Section B.13 of this Tariff. D. ESP SERVICE ESTABLISHMENTtc "D. ESP SERVICE ESTABLISHMENT" The ESP must satisfy the following requirements before an ESP can provide Direct Access services in the utilitys service territory: (1) All ESPs must submit an Energy Service Provider Agreement (UDC-ESP Service Agreement). (2) The ESP must warrant to the utility that the ESP has selected an Independent Verification Agent (IVA) for which independent verification is required by law (i.e. residential customer opting for DA service initiated by the ESP where the ESP is not a municipal aggregator). (3) The ESP must satisfy utility credit worthiness requirements as specified in Section S, Credit Requirements. E. DIRECT ACCESS SERVICE REQUEST (DASR)tc "E. DIRECT ACCESS SERVICE REQUEST (DASR)" (1) Direct Access Service Requests (DASRs), in the form attached hereto as Appendix A, must be submitted electronically or in writing to the utility by the customers authorized ESP, or the customer if it is acting as its own ESP. The DASR process described herein is used for customer Direct Access elections, customer initiated returns to default utility service and ESP initiated termination of a customer agreement. ESPs must execute the UDC-ESP Service Agreement before submitting DASRs. (2) A separate DASR form must be submitted for each customer or customer group to which the ESP plans to provide identical billing and meter services. The utility will provide tracking for single and group DASRs and provide updates on request to ESPs and customers. (3) DASRs must identify the service account(s) participating in Direct Access, including their billing and meter service elections. (4) DASR forms will be available through electronic means (e.g., the utilitys website), or may be faxed or mailed to the ESP upon request. (5) The ESP which is the meter service provider must satisfy, and specify in the DASR process, the following meter and data communications provisions: (a) Define the service account location, including addresses and utility service account numbers associated the Direct Access service options elected by the customer(s). (b) Identify the billing and metering elections and agents elected by the customer. (c) Identify the installation dates of each new meter or additional equipment (e.g. communications devices) for that meter as necessary. (6) The utility will acknowledge its receipt of the DASR to the ESP, with a copy to the customer and current ESP if applicable, within 2 working days of its receipt. Within 5 working days thereafter, the utility will send a DASR status notification informing the ESP of whether the DASR has been accepted, rejected or deemed pending for further information. If accepted, the scheduled switch date will be sent to the ESP, the former ESP if applicable, and the customer. If a DASR is rejected, the utility will provide the reasons for the rejection. If a DASR is held pending further information, it shall be rejected if the DASR is not completed within 11 working days following the status notification. (7) Failure to comply in material respects with the DASR requirements described above will void the ESPs request to be a meter service provider. (8) In accordance with the provisions of Rule 3, the utility has the right to deny the applicants request for service if the information provided by the applicant is materially false, incomplete, or inaccurate in any material respect. (11) The utility will begin accepting requests for Direct Access on November 1, 1997. (12) If a submitted DASR complies with the DASR requirements, the DASR will be accepted and scheduled for Direct Access implementation. A DASR may be canceled by the submitting ESP up until 3 business days prior to the scheduled service change date. (13) For a specific customer to qualify for priority queues in the processing of Direct Access requests if backlogs are experienced by the utility, the ESP must warrant to the utility that it is providing electric power to that customer from a state certified renewable energy resource supplier(s). In other cases, DASRs shall be handled on a first-come, first-served basis. Each request shall be time-stamped by the utility. If more than one DASR is received for a service account within a single DASR processing period (16th of the month until the 15th of the following month), only the first valid DASR received will be processed in that period. (14) Accepted DASRs that do not require a meter change will be switched over no later than the meter read date of the next month following the close of the months processing cycle in which the DASR was received. (15) Accepted DASRs that require a meter change by the utility will be switched over to Direct Access on the date of installation. The utility will complete the meter change request within 15 days. (16) Accepted DASRs that require a meter change by an ESP will be switched over to Direct Access on the date of the meter reading at or following installation. (17) Twelve (12) months of customer usage data, or the maximum available for that customer, will be sent from the utility, or existing ESP currently serving that customer, to the new ESP no later than five (5) days before the scheduled switch date. (18) In the event that the ISO governing board, with CPUC approval, declares an emergency and institutes a moratorium of utility processing of Direct Access requests, the utility will comply with such requests and inform ESPs or customers of the details of emergency plans. F. GRACE PERIOD FOR THE CANCELLATION OF REQUESTED SERVICEStc "F. GRACE PERIOD FOR THE CANCELLATION OF REQUESTED SERVICES" (1) Residential customers and small commercial customers have the right to cancel a contract for electric service until midnight of the third business day after the day on which the customer accepts an offer to purchase energy services from the utility or an ESP. (2) Cancellation occurs when the customer gives written notice of cancellation to the seller (utility or ESP) at the address specified in the agreement or offer. (3) Notice of cancellation, if given by mail, is effective when postmarked in the mail properly addressed with postage prepaid. (4) Notice of cancellation given by the customer need not take the particular form as provided with the contract or offer to purchase and, however expressed, is effective if it indicates the intention of the customer not to be bound by the contract. G. INDEPENDENT VERIFICATIONtc "G. INDEPENDENT VERIFICATION" A request for a change in ESPs representing residential or small commercial customers shall not be granted until the provisions of Sections 366(d) and 366(e) of the CPUC Code have been satisfied. These provisions are not repeated herein. H. METERING SERVICEStc "H. METERING SERVICES" (1) Definitions (a) Meter services are defined to include, but are not limited to, the provision by the utility or ESP of the meter, testing of the meter for manufacturer specifications, installation of the meter, calibration, testing of the meter for proper installation and functionality, meter maintenance, and meter reading. (b) Interval meter is defined as a meter capable of reading and storing electric consumption data at specified time intervals of no greater than one hour and in conformance with CPUC regulations. Utilities, ESPs, customers, or third-parties may own interval meters used for billing purposes for direct access services. (c) Eligible Customers: Customers who have individual service accounts and do not qualify for statistical load profiling must have interval meters prior to receipt of direct access service. ESPs may provide, install and service interval meters for any customer over 20 kW pursuant to CPUC regulations. ESPs may provide, install and service interval meters for residential and small commercial customers and those under 20 kW pursuant to CPUC regulations but may not charge said customers for any such provision or services prior to January 1, 1999 unless specifically provided for otherwise by the CPUC. (d) All meters and meter services must conform to CPUC regulations. (2) Testing of Meter Specifications Either party may test its own meters or those owned by its customers for conformance to CPUC meter performance specifications. Either party may, at its own expense and upon reasonable notice, test meters of the other party for compliance with CPUC specifications. Meter manufacturers' sealed meters will be deemed in compliance with CPUC specifications and will require no additional testing by the utility or ESP prior to installation, provided the manufacturer has tested and documented the meters compliance with CPUC requirements. Records on testing shall be provided within five (5) working days of a request to either party. (3) Installation When either the utility or ESP installs a meter for a direct access customer, the meter installer must be CPUC registered to perform meter installation. Within two (2) working days of the meter installation, the installing party will provide the results of the initial meter calibration test, the ending read for the meter that was removed (if applicable), the start read of the new meter, and information on meter identification, voltage, meter constants and other parameters as provided for by CPUC regulations for purposes of identification and billing. When the utility has reason to believe an ESP installation does not satisfy CPUC-approved standards, the utility retains the right to perform on-site inspections subsequent to initial meter installations. The ESP shall be charged the costs of these subsequent inspections only to the extent approved by the CPUC in accordance with Section B.13 and only if the inspections uncover any material noncompliance with CPUC-approved standards. The customer may elect to have the ESP or utility remove an existing utility or ESP meter at the customer's premises. Coordination of meter removal and the installation of the new meter is the responsibility of the party removing the meter. The party removing the meter must return the meter to the owner within five (5) working days. (4) Calibration The utility and ESP will ensure that all meters used for billing purposes for their respective customers are calibrated as provided for in CPUC regulations. Records of calibrations will be provided within five (5) working days of a request to the other party. (5) Testing of Meter Functions The utility and ESP will ensure that all meters used for billing purposes for their respective customers are functioning in conformance with CPUC regulations. Records of meter function tests will be provided upon request, within five (5) working days of request, to the other party. (6) Regular Meter Maintenance And Testing The utility and ESP, for all meters used for billing purposes for their respective customers, are responsible for the routine maintenance of the meter, including but not limited to, testing (including but not limited to, potential and current transformer testing) and record keeping, in accordance with CPUC regulations. (7) Meter Reading Meter reading will be performed in accordance with CPUC regulations and will be the responsibility of the party so indicated in the customer's DASR. (8) Failure to Comply With CPUC Requirements For Meters or Meter Services (a) Failure is defined as the circumstance wherein testing, conducted by either party or a third party reveals non-conformance with any applicable CPUC regulation governing meters or meter services. (b) Upon the occurrence of undisputed failure, the party responsible for the non-complying meter service must make corrections within five (5) working days. (c) Failure to make corrections within five (5) working days will result in the following sequential series of actions and penalties: (1) Whichever party is not the party responsible for the non-conformance may cure the defect at the other party's expense. (2) Upon a demonstrated pattern of non-conformance as defined below and failure to timely cure, the party not responsible for the non-conformance may give written notice of such non-conformance, and, after five (5) days, provide all meters and meter services required by the customer as determined by the DASR or as required to receive utility bundled service. (3) Demonstrated pattern of non-conformance by an ESP is defined as: (i) For ESPs with less than 100 accounts, more than four percent (4%) of the service accounts served by an ESP are found to be non-conforming during the first six months of Direct Access participation; more than two percent (2%) every six months thereafter; or (ii) For ESPs with at least 100 but less than 1,000 accounts, more than two percent (2%) of the service accounts served by an ESP are found to be non-conforming during the first six months of Direct Access participation; more than one percent (1%) every six months thereafter; or (iii) For ESPs with 1,000 or more accounts, more than one percent (1%) of the service accounts served by an ESP are found to be non-conforming during the first six months of Direct Access participation; more than one half of one percent (0.5%) every six months thereafter. (4) A demonstrated pattern of non-compliance by the utility shall be the applicable percentages of non-conformance set forth in section H.3.c, above, based upon the service accounts of the ESP asserting the non-conformance. (d) A utility may refuse to enter into an ESP-Utility Service Agreement with any ESP who breached with any utility within California for a period of no more than six (6) months from the date of breach as defined herein. (e) Adjustments of Bills Due to Metering Errors, including non-conforming meters and meter service (1) If the utility is providing consolidated billing for the service account at issue, to the extent the utility bill is affected by the non-conformance, the utility may adjust its charges pursuant to CPUC approved rules. (2) If the ESP is providing consolidated billing, for slow or fast meters, the utility will adjust its charges as permitted under CPUC rules. (9) Charges for Metering Services (a) The utility may charge the customer or the ESP for the provision of metering services only to the extent such charges are approved by the CPUC in accordance with Section B.13 of this tariff. The installation of interval metering shall be at the customers expense. I. UTILITY METER SERVICE OPTIONS AND OBLIGATIONStc "I. UTILITY METER SERVICE OPTIONS AND OBLIGATIONS" (1) For Direct Access customers who acquire Interval Metering, the customer may elect from the utility three bundled meter service options. In all three options, the utility will own the meter, as well as perform meter installation, maintenance, and meter reading services. However, in all three options, the utility will validate only monthly data at this time. The costs of these options as approved by the CPUC pursuant to Section B(13), are provided in a separate schedule. (a) Basic Service The utility will provide a interval data meter device without any electronic communication abilities. The customer will receive meter read information on a monthly basis. (b) Next Day Service The utility will provide a interval meter device with the ability to attach electronic communication systems to the meter and provide the customers ESP access to current day meter read information as of 8 a.m. the next day. This option requires shared telecommunication services to provide next day access to customer meter reads. Telecommunication services are not part of this option, but the utility may separately offer such services. (c) Real-Time Service The utility will provide an interval meter device with the ability to attach electronic communication systems to the meter and provide the customers ESP access to real-time meter read information. This option requires both dedicated telecommunication services and the appropriate software to provide real-time meter reading. Both telecommunication services and the appropriate software are not part of this option. The utility may separately offer telecommunication services. (2) For bundled meter service options (1b) and (1c), the customers ESP may require telecommunication services to provide the ESP with electronic access to customer meter reads. At the customers request and its or its ESPs expense, the utility, at its discretion, may provide telecommunication services. If the utility elects to provide such services, it shall provide the services to all customers and/or ESPs on a non-discriminatory basis. The utility may assess charges for these services in addition to the charges for the meter service options described above only to the extent approved by the CPUC in accordance with Section B. 13 of this Tariff. If the customer or the customers ESP acquires telecommunication services from a non-utility party, the utility is not responsible for any repairs and maintenance associated with the telecommunication equipment. (3) For meter service option (1c), the customer or the customers ESP will be responsible to acquire the appropriate software to provide the customers ESP with real-time access to customer meter reads. The utility will not provide such software to the customer. (4) As an alternative to (1), Direct Access customers may also elect any combination of the following unbundled meter services: (a) Meters purchased and owned by the customer. (b) Meters supplied by the utility. (c) Meter installations, testing, and maintenance. (d) Meter reading. (5) If the utility installs the meter, the meter will be installed according to the implementation schedule for Valid DASRs as set forth in Section E, Direct Access Service Requests. (6) The utility reserves the right to extend its normal installation period due to meter availability. Under these circumstances, the utility shall apprise the customer of the specific reasons for the delay and the anticipated schedule for installation. The utility shall work with the customer to find alternatives to provide metering and to expedite meter installations, if necessary. Such alternatives shall include, but not be limited to, allowing the customer to have the meter installed by a non-utility supplier. (7) If the utility provides meter maintenance services only, the utility will be responsible for the accuracy, calibration, and other maintenance needs for the meter. Utility standards for meter maintenance will conform to the existing rules on such activities for all utility customers. Under this specific itemized service, the utility will not be responsible for replacing a non-utility meter. Upon request and for a fee, the utility may replace a faulty meter. (8) If the utility provides meter reading services, the utility will determine the appropriate meter reading dates. Upon the customers request, the utility will make available to the customer, or the customers ESP, the data obtained from the meter in a timely manner, as agreed to between the customer and the utility. (9) At the customers request the customer or the customers ESP may elect a different meter read date. The utility may assess a charge for this election only to the extent approved by the CPUC in accordance with Section B.13. (10) Customers must provide the utility with a 15-day advance notice (by any means acceptable to the utility) to change their meter service provider. The utility will endeavor to complete the customers request within the customers next monthly billing cycle following the 15-day advance notice. J. GENERAL TERMS AND CONDITIONS FOR DIRECT ACCESS METERS AND METERING SERVICEStc "J. GENERAL TERMS AND CONDITIONS FOR DIRECT ACCESS METERS AND METERING SERVICES" (1) As forth is Section I, infra, customers with loads in excess of 20 kW must have interval meters to receive direct access services. In certain instances, the CPUC may determine, at some future date, that customers with individual service accounts between 20 and 50 kW may be exempt from the requirement of an interval meter as a condition for receipt of direct access. (2) If the utility provides meter services to a direct access customer, the utility must ensure interval metering service will begin within the time period set forth in the Direct Access Service Request Section E of this tariff. In the event the utility cannot meet this time period the utility must so inform the customer and the customer's authorized ESP in writing of the utility's best estimate of the time required before the utility can begin interval metering. K. [INTENTIONALLY LEFT BLANK]tc "K. [INTENTIONALLY LEFT BLANK]" L. [INTENTIONALLY LEFT BLANK]tc "L. [INTENTIONALLY LEFT BLANK]" M. METER READING DATA OBLIGATIONStc "M. METER READING DATA OBLIGATIONS" Meter reading data standards will be forthcoming and settled in the Meter and Data Communications Standards Workshop. N. BILLING SERVICE OPTIONS AND OBLIGATIONStc "N. BILLING SERVICE OPTIONS AND OBLIGATIONS" Customers who elect Direct Access will able be to choose from three billing service options: (1) Consolidated UDC Billing, (2) Consolidated ESP Billing (partial or full), or (3) Separate UDC/ESP Bills. In the absence of a customers election of one of the three billing service options described below, option (3), Separate UDC/ESP Bills, will be the default billing service option. In addition, this sections states the utility and ESP obligations for billing information and legal and safety notices in section (4) herein. (1) Consolidated UDC Billing (a) Description The customers authorized ESP will send its bill to the utility. The utility will in turn send a consolidated bill, containing both the UDC and ESP charges, to the customer. (b) Utility Obligations (1) The utility will calculate the UDC charges and send the bill either by mail or electronic means to the customer. The utility will include ESP charges on the bill. The utility is not responsible for computing or determining the accuracy of the ESP charges on the bill. (2) The utility bill will include a summary of ESP charges and may provide any billing-related details of ESP charges. The ESP bill may be printed with the UDC bill, or electronically transmitted exactly as provided by the ESP. (3) The utility will process customer payments and transfer amounts paid toward ESP charges to the ESP when the payments are received as specified in Section P. (c) ESP Obligations (1) The ESP will submit the necessary billing information to facilitate billing services under this billing option. (2) The ESP will provide the utility with a summary ESP charge by electronic transmittal or other means which enables the utility to prepare the customers bill in a timely manner. The ESP may provide billing-related details of ESP charges on a separate page which will be included in the consolidated bill if transmitted with the summary charge. ESP charges which are not transmitted as required will not be included in the consolidated bill. (3) ESP charges are due to the utility as specified above in Section M, Meter Reading Data Obligations. (d) Timing Requirements (1) Bills under this option will be rendered once a month. (2) The utility will require that ESP and UDC charges be based on the same billing period data to avoid any confusion concerning these charges. (3) ESP charges must be received by the utility the day following the meter read date. If billing charges have not been received from the ESP by this date, the utility will render the bill for UDC charges only, without ESP charges. The ESP must wait until the next billing cycle, or send a separate bill to the customer for ESP charges. (e) Service Charges To the extent approved by the Commission in accordance with Section B.13, the utility may charge the ESP for the following transactions related to this billing option: (1) Re-billing customers due to errors in ESP meter reads or ESP charges. (2) Re-read the customers meter manually when the ESP fails to delivers a meter read in time for the calculation of UDC charges. The utility will not charge for re-reading or re-billing if the utility is the responsible party for these services. (2) Consolidated ESP Billing Customers electing this billing option may choose partial or full consolidated billing, as described below. Partial Consolidated ESP Billing (a) Description The utility will calculate and send its bill to the ESP. The ESP will subsequently send a consolidated bill to the customer. The ESP will be obligated to provide to the customer detailed UDC charges to the extent that the ESP receives such detail from the utility. The ESP is not responsible for the accuracy of UDC charges. (b) Utility Obligations (1) The utility will calculate all UDC charges once a month and convey these charges to the ESP to be included on the ESP consolidated bill. (2) The utility will provide the ESP with a summary utility charge by electronic transmittal or other means which enables the ESP to prepare the customers bill in a timely manner. The utility may provide billing-related details of utility charges on a separate page which will be included in the consolidated bill if transmitted with the summary utility charge. Utility charges which are not transmitted to the ESP as required will not be included in the consolidated bill. (3) UDC charges will be calculated based on existing utility billing cycles regardless of which party provides the meter read. UDC charges will be conveyed to the ESP electronically or by other means. (c) ESP Obligations (1) The ESP may offer consolidated billing services to Direct Access customers they serve once a billing service arrangement has been signed and included in the UDC-ESP Service Agreement. (2) The ESP bill will include a summary of UDC charges and may provide any billing-related details of UDC charges. The utility bill may be printed separately with the ESP bill or electronically transmitted exactly as provided by the utility. (3) The ESP will prepare the bill and include both ESP and UDC charges, process customer payments, and handle its own collections responsibilities. Under this billing option, ESPs must pay all undisputed UDC charges due to the utility regardless of whether the customer has paid the ESP. The ESP must include all UDC charges on the ESP consolidated bill. (4) The ESP has no obligations regarding the accuracy of UDC charges calculated by the utility or for related disputes. Disputed charges will be handled according to CPUC procedures. (d) Timing Requirements (1) ESPs may render bills more or less frequently than once a month. However, the utility will continue to bill the ESP each billing cycle period for the amounts due by the customer for that billing month. (2) The utility will convey the billing information by service account to the ESP according to provisions in SectionM, Metering Reading Data Obligations. Meter read data will be required on the same schedule as existing utility billing cycles. If the utility fails to provide the UDC charges to the ESP by the time the consolidated ESP bill is prepared, the ESP may render the bill without the UDC charges included, and the utility will either wait until the next billing period or send a separate bill to the customer for those charges. (3) The ESP is not required to estimate UDC charges if charges are not received nor delay the ESP billing. Full Consolidated ESP Billing (a) Description The ESP will read the meter, calculate both the UDC and ESP charges and bill the customer. The ESP will detail the UDC charges in conformance with the UDC specifications. The ESP is responsible for the accuracy of the UDC charges. This option is applicable for all customer accounts for which the ESP reads the meter. (b) Utility Obligations The utility will provide the ESP with the billing factors and procedures necessary for the ESP to calculate the UDC charges. The UDC charges will be calculated based on the ESPs meter reading and billing schedules. (c) ESP Obligations (1) The ESP may perform Full ESP Billing services to Direct Access customers they serve once the billing service arrangement has been signed and included in the UDC-ESP Service Agreement. (2) The ESP will calculate the UDC charges in accordance with approved tariffs and utility specifications. The ESP bill will include a summary of UDC charges and may provide any billing-related details of UDC charges. The utility bill may be printed separately with the ESP bill or electronically transmitted to the customer. The ESP will furnish the UDC a report detailing the UDC portion of the ESPs bill in paper or electronic form. (3) The ESP will prepare the bill and include both ESP and UDC charges, process customer payments, and handle its own collection responsibilities. Under this option the ESP must pay all undisputed UDC charges to the utility regardless of whether the customer has paid the ESP. The ESP must include all UDC charges on the ESP Full Service bill. (d) Timing Requirements (1) ESPs may render bills more or less frequently than once a month. However, the amounts due the utility will be remitted monthly. (2) The ESP will convey the amounts due by service account to the UDC according to provisions in Section M, Meter Reading Data Obligations. The ESPs meter reading schedule may result in a change in the UDCs billing schedule. If necessary, a pro rated bill may be required to conform the customers payments to the new schedule. (3) The ESP is responsible for correctly calculating UDC charges. If underpayments are the result of ESP errors, the ESP is responsible for paying applicable late charges on the underpayment amounts. (3) Separate UDC/ESP Bills (Default Billing) (a) Description The utility and the ESP will separately send their bills directly to the customer. (b) Utility Obligations (1) The utility will calculate UDC charges, prepare the UDC bill, and send the UDC bill to the customer by electronic or other means. The billing method is the sole responsibility of the utility and its customers. (2) The utility does not have any obligations regarding the accuracy of ESP charges or related payment disputes. Accurate and timely meter read data must be shared between the ESP and utility. (c) ESP Obligations (1) The ESP will calculate the ESP charges, prepare the ESP bill, and send the ESP bill to the customer by electronic or other means. The billing method is completely independent of the billing method selected by the utility. (2) The ESP has no obligations regarding accuracy of UDC charges or related payment disputes. Accurate and timely meter read data must be shared between the ESP and the utility. (d) Timing and Fees (1) Meter read data is required by the utility on the scheduled meter read date which conforms to existing utility billing cycles under this billing option. (2) If approved by the CPUC in accordance with Section B.13, charges for re-reading and re-billing customers may be imposed by the utility or the ESP for failure to provide accurate and timely meter reads. (4) Billing Information and Inserts (a) Identify UDC and ESP Charges The utility bill, at a minimum, will identify UDC charges as specified by the CPUC or its codes. If the customer elects the consolidated UDC billing option, the utility bill will identify, at a minimum, two sets of charges: one for UDC services and another for ESP energy services. The utility will provide bills and notices both electronically or manually, depending upon the utilitys agreement with the ESP. (b) Required Legal and Safety Notices All utility customers, including Direct Access customers, will receive mandated legal and safety notices in the CPUC approved format, and the utility will be responsible for the creation of these notices. If the ESP is providing consolidated billing services, the utility will make available these notices to the ESP for distribution to the customer. (c) Utility Obligations under Consolidated UDC Billing The utility will design, print and insert these notices in mailed consolidated UDC bills. The utility may also enclose UDC-related bill inserts in consolidated UDC billing as permitted by CPUC regulations. For the electronically-billed customers, mandated legal and safety notices may be communicated by electronic means, if feasible, or otherwise mailed separately. (d) ESP Obligations under Consolidated UDC Billing The ESP may include any information directly related to the calculation or understanding of ESP charges directly in the bill but may not include any text on the separate detail page(s) which is not specifically related to the charges or their explanation. (e) Utility Obligations under Consolidated ESP Billing The utility will design, print and deliver mandated safety and legal notices to the ESP in standard size and in CPUC approved format if the ESP renders bills by mail. If the ESP renders bills electronically, the utility will either provide the printed version or electronically transmit these notices to the ESP for communication to electronically-billed customers at the ESPs option. (f) ESP Obligations under Consolidated ESP Billing The ESP will be required to inform their billing customers of any mandated legal and safety notices when billed by mail. At their discretion, the ESP may request the utility provide a separate mailing of such notices at a cost, specified in Schedule DA. For electronically-billed customers, the ESP may transmit such notices by mail or electronically at their option. (g) Utility Obligations under Separate UDC/ESP Bills The utility will continue to mail mandated safety and legal notices in the billing envelope and may use the billing envelope as it does in current practice for providing information to all utility customers, including Direct Access customers, equally. (h) ESP Obligations under Separate UDC/ESP Bills The ESP has no obligation for utility mandated safety and legal notices under this option. O. PAYMENT AND COLLECTION TERMStc "O. PAYMENT AND COLLECTION TERMS" (1) Under Consolidated UDC Billing (a) The utility will prefer but not require electronic payment services for electronically-billed customers. The utility will accept cash, check or electronic payments under this billing option. The utility is required under D.9705039 to pay the ESP the amounts paid to the utility for ESP charges only after the payment is received. Payments will be transferred to the ESP specifying the amount paid by each specific service account. (b) Upon receipt of the utilitys payment, the ESP is responsible for promptly and accurately posting the payment to the customers service account. The ESP will also be responsible for any follow-up inquiries either with the utility or customer if there is question concerning the posting of that payment amount. (c) The utility must remit payments to the ESP only for the amounts paid by the Direct Access customer for payment of ESP charges. Payments are due on the later of: (1) 17 days after the bill was rendered to the customer; or (2) The next business day after the payment is received from the customer. (d) The utility will not forward any amounts owed to the ESP that have not been received from the customer. The utility will process payments, post UDC charges paid to customer service accounts, and transfer funds owed the ESP to the ESP. On the billing statement for the following month, the utility will debit to the ESP any amounts resulting from returned payments and assess returned payment charges (i.e., a charge for each returned payment) to the appropriate customers. (e) The ESP has no payment obligations for customer payments under consolidated UDC billing services. However, the ESP must remit payment for any charges, approved by the CPUC in accordance with Section B.13, for services provided them by the utility within the terms of service as specified in the UDC-ESP Service Agreement with the utility. Sundry charges will be considered past due 30 days after the date the bill is rendered. The ESP is required to settle any disputes of ESP charges with the customer. ADVANCE \d 12  (f) The customer is obligated to pay the utility for all UDC and ESP charges within 15 days, for commercial service accounts, or 19 days, for residential service accounts, of the date the bill was rendered. (g) The customer must notify the utility of any disputed UDC charges; otherwise, any outstanding balance will be handled as a late payment. Customer disputes with ESP charges must be directed to the ESP, and customer disputes with UDC charges must be directed to the utility. (2) Under Consolidated ESP Billing (a) Upon receipt of the ESPs payment, the utility will be responsible for promptly and accurately posting the payment to the customers account. The utility will also be responsible for any follow-up inquiries with the ESP if there is question concerning the payment amount. ADVANCE \d 12  (b) The ESP is required by D.97-05-039 to pay amounts owed to the utility for UDC charges whether or not the customer has paid the ESP. Payment is due in full from the ESP within 15 days, for commercial accounts, or 19 days, for residential accounts, from the date UDC charges are rendered to the ESP regardless of whether the customer has paid. ADVANCE \d 12  (c) The utility has no payment obligations for customer payments under consolidated ESP billing services. However, payments of any charges, as determined by separate agreement between the ESP and the utility, for services provided by the ESP will be considered past due 30 days after the sundry bill is rendered to the utility. (d) The customer is obligated to pay the ESP for all UDC and ESP charges according to the terms established between the ESP and the customer. (e) If any charges are disputed, the customer must notify the ESP of the disputed amount. Customer disputes of ESP charges must be directed to the ESP, and customer disputes of UDC charges must be directed to the utility. (3) Under Separate UDC/ESP Bills (a) The utility is responsible for payment of miscellaneous charges imposed by the ESP, as per their service agreement with the utility for Direct Access services, but the utility has no payment obligations with respect to customer charges. (b) The utility has no payment or collection obligations to the ESP for customer payments of ESP charges. However, the utility must remit, within 30 days, payment of any charges due the ESP for services provided by the ESP in accordance with the service agreement. A late payment penalty may be assessed on past due charges. (c) The ESP has no payment or collection obligations to the utility for customer payments of UDC charges. However, the ESP must remit, within 30 days, payment of any charges, approved by the CPUC in accordance with section B.13, due the utility for services provided by the utility. If authorized by the CPUC, a late payment penalty may be assessed on past due charges. (d) The customer must remit payment in full to the utility for UDC charges due within the terms of sale as provided for in CPUC rules. P. LATE OR PARTIAL PAYMENTS, AND UNPAID BILLStc "P. LATE OR PARTIAL PAYMENTS, AND UNPAID BILLS" (1) Under Consolidated UDC Billing (a) The ESP is responsible for collecting the unpaid balance of ESP charges from customers, sending notices informing customers of unpaid ESP balances, and taking the appropriate actions to recover the unpaid amounts owed the ESP. The utility has the same delinquent collection responsibilities for UDC charges only. (b) Partial payments by customers will be allocated proportionally among all utility and ESP charges (c) Undisputed overdue balances owed the utility will be considered late and subject to utility late payment procedures. (d) CPUC rules will apply to late or non-payment of UDC charges by the customer. (2) Under Consolidated ESP Billing (a) The ESP is responsible for collecting both unpaid ESP and UDC charges, sending notices informing customers of unpaid ESP and UDC balances, and taking appropriate actions to recover the amounts owed. The utility will not assume any collection obligations under this billing option. (b) The utility will hold the ESP liable for any late payments, or unpaid bills. Unpaid, undisputed overdue balances owed the utility will be considered late and subject to late payment fees and procedures. (c) The utility will apply the same terms applicable to commercial and residential service accounts under default UDC services to service accounts utilizing consolidated ESP billing services. The utility will notify the ESP if payment of UDC charges has not been received within 15 days for commercial accounts or 19 days for residential accounts of the date delivered to the ESP and, if authorized by the CPUC in accordance with Section B.13, may assess a late payment charge for the balance due. This late fee will apply to the balance owed, including unpaid late fees, in each billing month. If a field call is required to notify the ESP regarding, or collect, any unpaid balances, a charge may be assessed if approved by the CPUC in accordance with Section B.13. If payment of UDC charges has not been received by the next billing date, the utility will include the balance forward on the next bill. (3) Under Separate UDC/ESP Billing (a) The utility and the ESP are responsible for collecting their respective unpaid balances, sending notices to customers informing them of the unpaid balance, and taking appropriate actions to recover their respective unpaid balances. Customer disputes with ESP charges must be directed at the ESP, and customer disputes with UDC charges must be directed at the utility. Late fees and fees for collections may be charged by the utility as approved by the CPUC. (b) The utility will notify residential and commercial customers if payment of UDC charges has not been received within 19 or 15 days, respectively. If payment from a commercial customer has not been received by the 25th day, the utility will assess a late payment charge to the extent approved by the CPUC in accordance with Section B.13. This late fee will apply to the overdue balance owed, including unpaid late fees, in each billing period. If a field call is required to notify regarding, or collect, unpaid balances, a charge may be assessed as approved by the CPUC. If payment has not been received by the next billing date, the utility may include the balance forward on the next bill. Q. INVOLUNTARY SERVICE CHANGEStc "Q. INVOLUNTARY SERVICE CHANGES" (1) In the event the utility finds that an ESP or the customer has materially failed to meet its obligations under this tariff or the ESP service agreement such that the utility seeks to invoke its remedies under this section (Q), and the failure constitutes an emergency (i.e. the failure poses a substantial threat to the reliability of the electric system or to public health and safety or the failure poses a substantial threat of irreparable economic or other harm to the utility or the customer), then the utility may initiate a change, or, in some cases, terminate, a customers service election, or an ESPs ability to provide certain services under Direct Access. In this event, the utility shall provide such notice and/or opportunity to cure the problem to the ESP and/or the affected customer as is reasonable under the circumstances of the emergency, if any is reasonable. The ESP or the affected customer shall have the right to seek an order from the CPUC restoring the customers service election and/or the ESPs ability to provide services. The utility is entitled to a public hearing should it contest issuance of such an order, in which case the utility shall bear the burden of proving that its action was appropriate. Unless expressly ordered by the CPUC, these provisions do not disconnect electric service provided to the customer. (2) In the event the utility finds that an ESP or the customer has materially failed to meet its obligations under this tariff or the ESP service agreement such that the utility seeks to invoke its remedies under this section (Q), but the failure does not constitute an emergency (as defined in section Q(1)), the utility shall notify the ESP and the affected customer of such finding in writing stating specifically: 1) the nature of the alleged non-performance; 2) the actions necessary to cure it; 3) the consequences of failure to cure it; and 4) the name, address and telephone number of a contact person at the utility authorized to discuss resolution of the problem. The ESP or the customer shall have a reasonable time, which shall not be less than 30 days, from receipt of such notice to cure the alleged non-performance or reach an agreement regarding it with the utility. If the problem is not cured or an agreement is not reached following this 30 day period, the utility may seek an order from the CPUC for an involuntary change in Direct Access Service. The utility shall bear the burden of proof in any such proceeding. The status of the ESP and/or the customer shall not change pending the CPUCs review the utilitys request. The ESP and the affected customer shall be served a copy of the request and shall be entitled to a hearing before the CPUC regarding it. Upon conclusion of the hearing, the CPUC may issue an order authorizing the utility to initiate a change, or, in some cases, terminate, a customers service election, or an ESPs ability to provide certain services under Direct Access. Unless expressly ordered by the CPUC, these provisions do not disconnect electric service provided to the customer. (3) The utility will not terminate consolidated UDC billing for non-payment of UDC charges by customers and will use the same collections policies and procedures applicable to UDC customers and separately billed Direct Access customers. The customer retains the right to change the billing option at any time, but this change will not release the customer from the obligation to pay any unpaid balances. Unless the utility and the ESP mutually agree, unpaid customer balances will not be transferred to the new billing agent, but will continue as the utilitys sole responsibility. The utility will follow current CPUC rules for unpaid final bills, including disconnection of service. (4) Consolidated ESP billing services will be terminated under the following circumstances: (a) If the utility subsequently finds out that the information provided by the ESP in the UDC-ESP Service Agreement is materially false, incomplete, or inaccurate, or the ESP attempts to avoid payment of CPUC-authorized utility charges. (b) If the ESP does not pay the utility the full amount due during any one billing month, and the amount due has not been received by the utility on the next months billing date, customers will be notified that consolidated ESP billing services will be terminated. Customers will be notified of the pending change on approximately the 45th day following the date the bill was rendered, with customers switched to either consolidated UDC billing or separate UDC/ESP billing (customers choice) on the first regular scheduled meter read date for this customer following approximately 60 days the bill was rendered. (c) If during any two billing months, the ESP has not met its payment obligations to the utility (e.g., the ESP has been late with one or more payments during the 21-cycle billing month), the utility will notify the ESP and the customer of the delinquency. The utility will inform the customer that if the ESP fails to meet the terms of sale a third time in the same 12-month period, the utility will no longer allow that ESP to engage in consolidated ESP billing services in the utilitys service territory. Following the third instance of late ESP payments, the utility will provide notice to the customer on approximately the 45th day following the date the bill was rendered, with customers switched to separate UDC/ESP billing services on the first regular scheduled meter read date for this customer following approximately 60 days the bill was rendered. (d) The ESPs eligibility to engage in consolidated billing services shall be reinstated upon a reasonable showing by the ESP that the problems causing revocation of it consolidated billing right have been cured. (5) The utility will terminate an ESPs eligibility to become a meter service provider in the utilitys service territory if the ESP fails to comply with industry-accepted standards approved for the utility by the CPUC for meters, meter installations, testing, or maintenance. An ESP fails to comply is defined in SectionL, ESP Meter Service Options and Obligations. The ESP or the affected customer may seek an order from the CPUC restoring the ESPs eligibility. The utility is entitled to a public hearing should it contest issuance of such an order, in which case the utility shall bear the burden of proving that its termination action was appropriate. (6) Notices of involuntary service changes or termination in Direct Access will be sent to the ESP, to each customer under contract, and to the CPUC. (7) Except for terminations involving an emergency pursuant to section Q(1), the utility will not terminate ESP Direct Access services without first providing the affected customer a reasonable opportunity, which shall not be less than 30 days, to elect another ESP to provide Direct Access services. If the termination of Direct Access services involves an emergency pursuant to sections Q(1), above, and occurred too quickly to allow the customer to select an alternate ESP before termination, the customer will be subject to the following provisions: (a) The customer will be returned to default UDC services on an interim basis. (b) The customer will given 30 days to elect another ESP to provide Direct Access services. (c) If the customer has not elected another ESP within 30 days, the customer will be returned to default UDC services, except as stated in (d), and subject to any required meter changes at the customers expense. R. SERVICE DISCONNECTIONS AND RECONNECTIONStc "R. SERVICE DISCONNECTIONS AND RECONNECTIONS" (1) Under Consolidated UDC Billing (a) As appropriate, the utility will notify the customer of the utilitys right to disconnect electric service for the non-payment of UDC charges. The utility may disconnect electric service to the customer if payment has not been received in accordance with CPUC rules. To the extent authorized by the CPUC, a service charge will be imposed on the customer if a field call is performed to disconnect electric service. (b) The utility will not disconnect electric service to the customer for the non-payment of ESP charges. However, in such circumstances, the UDC will give priority to and expedite a DASR requesting transfer of the customer to the UDC from the ESP. (c) The utility will reconnect electric service for a CPUC-authorized service fee when the criteria for reconnection, as specified in Rule _____, have been met. (2) Consolidated ESP Billing (a) The utility will not disconnect electric service to the customer for either the non-payment of ESP charges by the customer, or the non-payment of UDC charges by the ESP. However, in such circumstances, the UDC will give priority to and expedite a DASR requesting transfer of the customer to the UDC from the ESP. (b) In accordance with CPUC rules, the utility has the right to disconnect electric service to the customer for the non-payment of prior UDC closing bills by the customer, and evidences of safety violations, energy theft, or fraud, by the customer. (3) Separate UDC/ESP Bills (a) In accordance with CPUC rules, the utility may disconnect electric service to the customer for the non-payment of UDC charges by the customer, but the utility will not disconnect electric service to the customer for the non-payment of ESP charges. However, where there is non-payment of ESP charges, the UDC will give priority to and expedite a DASR requesting transfer of the customer to the UDC from the ESP. A service charge will be imposed on the customer if a field call is performed to disconnect electric service. (b) The utility will reconnect electric service for a service fee when the criteria for reconnection, as specified in Rule _____, have been met. S. CREDIT REQUIREMENTStc "S. CREDIT REQUIREMENTS" (1) Under Consolidated UDC Billing If the utility performs consolidated billing services, the utility may require the ESP to establish its creditworthiness through evaluations, deposits, or other security in the manner described in Section S.(2), to cover CPUC-approved charges incurred as a result of Direct Access participation. (2) Under Consolidated ESP Billing If the ESP performs consolidated billing services, the utility will require the ESP to establish its creditworthiness to cover CPUC approved charges incurred as a result of Direct Access participation. The ESP may establish its creditworthiness through any one of the following. Upon the establishment of such creditworthiness, the utility will refund to the customer any customer security deposits then being held: (a) Credit Evaluation An ESP with a demonstrable credit rating of Moodys Baa or Standard and Poors BBB is deemed to be creditworthy. In other cases, the utility may require ESPs to complete a credit application including financial information reasonably necessary to establish credit. The credit worthiness evaluation will be conducted by an outside credit analysis agency, determined by the utility, with final credit approval granted by the utility. Credit reports will remain strictly confidential between the credit analysis agency and the utility. A credit application processing fee, as approved by the CPUC may be charged to offset the cost of determining the ESPs credit worthiness. (b) Security Deposits The ESP may submit and maintain a cost-based security deposit in lieu of submitting to a credit worthiness evaluation. Security deposits will not exceed two months of the ESPs average monthly UDC bill over the most recent 12-month period. The initial value of the security deposit will be adjusted as necessary from time to time. ESP security deposits may not be used by the utility to pay outstanding bills on open accounts. Security deposits may be in the form of (1) cash deposits, with interest earned at the 3-month commercial paper rate, (2) letters of credit, defined as irrevocable and renewable issued by a major financial institution acceptable to the utility, (3) surety bonds, defined as renewable and issued by a major insurance company acceptable to the utility, or (4) guarantees, with guarantors with a credit rating of Moodys Baa or Standard and Poors BBB or, in other cases, through the credit evaluation process described. Security deposits must be posted with the utility prior to the ESPs participation in Direct Access. Security deposits posted with the utility will be returned to the ESP within approximately 60 days after the ESP has terminated consolidated ESP billing services in the utilitys service territory. (c) Security Deposit Payment Timetable ESPs are obligated to post security deposits with the utility prior to the ESPs participation in Direct Access. If the deposit has not been received from the ESP, the utility will continue to bill the customer under the same conditions prior to the scheduled change of service. The utility will issue a notice to both the ESP and the customer, informing both parties that the ESP will not provide consolidated billing services for that customer until the security deposit has been received by the utility. (3) Under Separate UDC/ESP Bills If there are separate bills provided to the customer by the utility and the ESP, there are no credit requirements necessary. (4) Additional Documents The ESP shall execute and deliver all documents and instruments (including, without limitation, security agreements and UDC financing statements) reasonably required from time to time to implement the provisions set forth above and to perfect any security interest granted to utility. APPENDIX A DIRECT ACCESS SERVICE REQUEST Authorized Energy Services ProviderAddressCity, State, Zip Code Contact Person Telephone E-Mail FAX California State Registration Number Certified Renewable Resource Provider: YES NO If Yes, Certification Number Schedule Coordinator AddressCity State Zip CodeContact Person TelephoneE-Mail FAX CUSTOMER INFORMATION AND LOCATIONS: Customer Name Contact Name TelephoneE-Mail FAXResidential Verification: Is this customer a residential customer, pursuant to 366 of the Public Utilities Code? YES NO Site Address(es) Billing Address(es) Meter Number(s) Utility Service Account Number(s)                     BILLING SERVICE PREFERENCE: ESP Consolidated Billing Full ESP Billing UDC Consolidated Billing Dual Utility and ESP Billing Billing Agent Address City State Zip E-MailTelephone FAX METER SERVICE PREFERENCE: ESP Metering Utility Metering Hourly Metering Statistical Load ProfileMeter Agent Address City State Zip Contact Person TelephoneE-Mail FAX Meter Reading Preference ESP Meter Reading Utility Meter Reading Meter Reading Agent Address City State Zip Contact Person TelephoneE-Mail FAX INSTALLATION COORDINATION (for all new or additional equipment listed above) Meter NumberLast Read Date/ESP Begin Read DateESP Meter or Additional Equipment Installation DateESP Meter Number UTILITY APPROVAL: DASR Time/Date Stamp Utility Approval DateEffective Date of ESP Service InitiationEnd-Use Customer Notified YES NOEnergy Services Provider Notified YES NO ENERGY SERVICE PROVIDER SERVICE AGREEMENT Energy Service Provider Service Agreement Agreement Number: This Energy Service Provider Service Agreement (this Agreement) is made and entered into as of this ___ day of _________, ____, by and between ________ (ESP), a _________ organized and existing under the laws of the state of _________, and ___________ (Utility), a corporation organized and existing under the laws of the state of ___________. From time to time, ESP and Utility shall be individually referred to herein as a Party and collectively as the Parties. Section 1: General Description of Agreement This Agreement is a legally binding contract. The Parties named in this Agreement are bound by the terms set forth herein and otherwise incorporated herein by reference. This Agreement shall govern the business relationship between the Parties hereto by which ESP shall offer electrical energy services, including, but not limited to, account maintenance and billing services, electrical meter installation, meter reading services and/or any other services that may be approved by the California Public Utilities Commission (CPUC) in Direct Access transactions with customers in Utilitys service territory. Each Party, by agreeing to undertake specific activities and responsibilities for or on behalf of customers, acknowledge that each Party shall relieve the other Party of the responsibility for said activities and responsibilities with respect to those customers. Unless otherwise defined herein, all terms which are capitalized herein shall be as defined in the Statewide Pro Forma Direct Access Tariff. Section 2: Representations 2.1 Each Party represents that it is and shall remain in compliance with all applicable laws, including applicable CPUC requirements. 2.2 Each person executing this Agreement for the respective Parties expressly represents and warrants that he or she has authority to bind the entity on whose behalf this Agreement is executed. 2.3 Each Party represents that (a) it has the full power and authority to execute and deliver this Agreement and to perform its terms and conditions; (b) the execution, delivery and performance of this Agreement have been duly authorized by all necessary corporate or other action by such Party; and (c) this agreement constitutes such Partys legal, valid and binding obligation, enforceable against such Party in accordance with its terms. 2.4 Each Party represents that it shall exercise all reasonable care, diligence and good faith in the performance of its duties pursuant to this Agreement. Section 3: Term of Service The term of this Agreement shall commence on the date of execution by both Parties hereto (the Effective Date) and shall terminate on the earlier of (a) the date ESP informs Utility that it is no longer operating as an energy service provider in Utilitys service territory; (b) the earlier termination pursuant to Section 4 hereof; or (c) the effective date of a new Energy Service Provider Service Agreement between the Parties hereto. Section 4: Events of Default and Remedy for Default 4.1 An Event of Default under this Agreement shall include either Party's breach of any provision of this Agreement, including those incorporated by reference herein, and failure to cure such breach within thirty (30) calendar days of receipt of written notice thereof from the non-defaulting Party; 4.2 In the event of such an Event of Default, the non-defaulting Party shall be entitled to exercise any and all remedies provided for by law or in equity, and may terminate this Agreement upon written notice to the other Party, which shall be effective upon the delivery thereof. 4.3 Breach by any Party hereto of any provision of the Statewide Pro Forma Direct Access Tariff shall be governed by applicable provisions contained therein and each Party will retain all rights granted thereunder. Section 5: Billing, Metering and Payment 5.1 Billing options and metering services which are available to ESP shall be as described in the State Pro Forma Direct Access Tariff, as restated in Utility's Electric Rule ___. 5.2 In the Direct Access Service Request which it submits for each of its customers, ESP will select, on behalf of its customer, one of the following three billing options: (a) consolidated Utility billing; (b) consolidated ESP billing; or (c) dual billing by both Utility and ESP. 5.3 In the Direct Access Service Request which it submits for each of its customers, ESP will indicate, on behalf of its customer, if the ESP will perform either of the following two metering services: (a) installation of a Direct Access meter to be owned by the ESP or another third party; or (b) Direct Access meter reading. 5.4 ESP agrees to pay Utility for all services and products provided by Utility in accordance with the terms and conditions set forth in the State Pro Forma Direct Access Tariff, as restated in Utility's Electric Rule ___. Utility agrees to pay ESP for all services and products provided by ESP in accordance with the provisions of Exhibit A, which is attached hereto and incorporated herein by reference thereto Section 6: Limitation of Liability Each Party's liability to the other Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorneys fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred, except as provided for in this Section. In no event shall either Party be liable to the other Party for any indirect, special, consequential, or punitive damages of any kind whatsoever, whether in contract, tort or strict liability, except in the event of an action covered by the Indemnification provisions of Section 7 of this Agreement, in which event this Section 6 shall not be applicable. Section 7: Indemnification To the fullest extent permitted by law, each Party (Indemnifying Party) shall indemnify and hold harmless, the other Party, and its affiliates and their officers, directors, employees, agents and assigns (collectively, the Indemnified Party) and at the Indemnified Party's option, the Indemnifying Party shall defend the Indemnified Party from and against any and all claims and/or liabilities for losses, expenses, damage to property, injury to or death of any person, including, but not limited to, the Indemnified Partys employees and its affiliates employees subcontractors and subcontractors employees, or any other liability incurred by the Indemnified Party, including expenses, legal and otherwise, which shall include reasonable attorneys fees, caused wholly or in part by any negligent, grossly negligent or willful act or omission by the Indemnifying Party, its officers, directors, employees or assigns arising out of this Agreement, except to the extent caused by any negligent, grossly negligent or willful act or omission of the Indemnified Party. Acts and events not addressed in this Section 7 shall be governed by the terms of Section 6 of this Agreement. Section 8: Assignment and Delegation 8.1 Neither Party to this Agreement shall assign any of its rights or obligations under this Agreement, except with the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. When duly assigned in accordance with the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the assignee and the assignor shall be relieved of its rights and obligations. Any assignment in violation of this Section 8 shall be void. 8.2 Either Party may delegate its duties under this Agreement. Section 9: Entire Agreement This Agreement consists of, in its entirety, this Energy Service Provider Service Agreement and all attachments hereto and the Statewide Pro Forma Direct Access Tariff. This Agreement supersedes all other agreements or understandings, written or oral, between the Parties related to the subject matter hereof. This Agreement may be modified from time to time only by an instrument in writing, signed by both Parties. Section 10: Nondisclosure Neither Party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including affiliates of such Party, without the express prior written consent of the other Party. As used herein, the term Confidential Information shall include, but not be limited to, all business, financial, and commercial information pertaining to the Parties, customers of either or both Parties, suppliers for either Party, personnel of either Party, any trade secrets, and other information of a similar nature, whether written or in intangible form. Confidential Information shall not include information known to either Party prior to obtaining the same from the other Party, information in the public domain, or information obtained by a Party from a third party who did not, directly or indirectly, receive the same from the other Party to this Agreement or from a party who was under an obligation of confidentiality to the other Party to this Agreement or information developed by either Party independent of any Confidential Information. Parties shall exercise a reasonable standard of care to prevent unauthorized use or disclosure of Confidential Information. Section 11: Enforceability If any provision of this Agreement or the application thereof, is to any extent held invalid or unenforceable, the remainder of this Agreement and the application thereof, other than those provisions which have been held invalid or unenforceable, shall not be affected and shall continue in full force and effect and shall be enforceable to the fullest extent permitted by law or in equity. Section 12: Notices Any notice, request, demand or statement which may be given to or be made upon either Party by the other Party under any of the provisions of this Agreement, shall be in writing, unless it is specifically provided otherwise herein, and shall be considered delivered when the same is delivered in person, sent by facsimile or sent by certified mail, postage prepaid, and properly addressed to the Party to be served as follows: If the notice is to ESP: Contact Name: __________________________ Mail Address:____________________________ _______________________________________ Telephone: ______________________________ Facsimile:_______________________________ If the notice is to Utility: Contact Name: __________________________ Mail Address:____________________________ _______________________________________ Telephone: ______________________________ Facsimile:_______________________________ Section 13: Time of Essence The Parties expressly agree that time is of the essence for all portions of this Agreement. Section 14: Alternative Dispute Resolution If a dispute arises between the Parties relating to this Agreement, the Parties agree to use the following alternative dispute resolution (ADR) procedure prior to either Party pursuing other available remedies: 14.1 A meeting shall be held no later than ten (10) calendar days after either Party gives the other Party written notice (Notice of Dispute) of the exact nature of the dispute. Such notice shall state specifically what the noticing Party considers necessary for the other Party to do to resolve the dispute. The meeting shall be attended by individuals with decision-making authority regarding the dispute, who shall attempt in good faith to negotiate a resolution of the dispute. 14.2 If, within five (5) calendar days after such meeting, the Parties have not succeeded in negotiating a resolution of the dispute, they will jointly appoint a mutually acceptable neutral person not affiliated with either of the Parties (the Neutral) to act as a mediator. If the Parties are unable to agree on the Neutral within ten (10) calendar days from the date of the meeting specified in Section 14.1., they shall seek assistance in such regard from the American Arbitration Association (AAA). The fees of the Neutral and all other common fees and expenses shall be shared equally by the Parties. 14.3 The mediation shall proceed in accordance with AAAs Commercial Mediation Rules or the Parties may mutually establish their own procedure. 14.4 The Parties shall pursue mediation in good faith and in a timely manner. In the event that the mediation does not result in resolution of the dispute within thirty (30) calendar days after the Notice of Dispute, then, upon seven (7) days written notice to the other Party, either Party may suggest another form of ADR, e.g., binding arbitration, a mini-trial or a summary jury trial, or may pursue other available remedies. 14.5 All ADR proceedings shall be strictly confidential and used solely for the purposes of settlement. Any materials prepared by one Party for the ADR proceedings shall not be used as evidence by the other Party in any subsequent litigation; provided, however, the underlying facts supporting such materials may be subject to discovery. 14.6 Each Party fully understands its specific obligations under the ADR provisions of this Agreement. Neither Party considers such obligations to be vague or in any way unenforceable, and neither Party will contend to the contrary at any future time or in any future proceedings. 14.7 The provisions of this Section 14 shall not be deemed to foreclose either Party from pursuing any provisional remedies, including injunctive relief, prior to the commencement of any ADR procedure. Section 15: Applicable Law and Venue This Agreement shall be interpreted, governed by and construed in accordance with the laws of the State of California, and shall exclude any choice of law rules that direct the application of the laws of another jurisdiction, irrespective of the place of execution or of the order in which the signatures of the parties are affixed or of the place or places of performance. Section 16: Force Majeure Neither Party shall be liable for any delay or failure in the performance of any part of this Agreement (other than obligations to pay money) due to any event of force majeure or other cause beyond its reasonable control, including but not limited to, unusually severe weather, flood, fire, lightning, epidemic, quarantine restriction, war, sabotage, act of a public enemy, earthquake, insurrection, riot, civil disturbance, strike, work stoppage caused by jurisdictional and similar disputes, restraint by court order or public authority, or action or non-action by or inability to obtain authorization or approval from any governmental authority, or any combination of these causes, which by the exercise of due diligence and foresight such Party could not reasonably have been expected to avoid and which by the exercise of due diligence is unable to overcome. It is agreed that upon the Party so affected giving written notice and reasonably full particulars of such force majeure to the other Party within a reasonable time after the cause relied on, then the obligations of the Party, so far as they are affected by the event of force majeure, shall be suspended during the continuation of such inability and circumstance and shall, so far as possible, be remedied with all reasonable dispatch. Section 17: Miscellaneous 17.1 This Agreement was prepared jointly by the parties hereto and each Party hereby irrevocably waives the benefit of any rule of contract construction which disfavors a party who drafts a contract or any specific language in a contract. 17.2 The provisions of this Agreement are for the benefit of the Parties and not for any other person or third party beneficiary. The provisions of this Agreement shall not impart rights enforceable by any person, firm or organization other than a Party or a successor or assignee of a Party to this Agreement. 17.3 The descriptive headings of the various sections of this Agreement have been inserted for convenience of reference only and shall in no way define, modify or restrict any of the terms and provisions thereof. 17.4 Any waiver at any time by either Party of its rights with respect to a default under this Agreement, or with respect to any other matter arising in connection with this Agreement, shall not be deemed a waiver with respect to any other or subsequent default or matter and no waiver shall be considered effective unless in writing. 17.5 Each Party shall be responsible for paying its own attorneys fees and other costs associated with this Agreement, except as provided in Sections 6 and 7 hereof. If a dispute exists hereunder, the prevailing Party, as determined by a court of law, shall be entitled to reasonable attorneys fees and costs. The Parties have executed this Agreement on the dates indicated below, to be effective upon the later date. On Behalf of ESP On Behalf of Utility By: ____________________________ By: ___________________________ Name: ____________________________ Name: ___________________________ Title: ____________________________ Title: ___________________________ Date: ____________________________ Date: ___________________________ Exhibit A ESP Charges The members of the Alliance endorsing the attached draft tariff and service agreement according to the terms of this letter as of today include, but are not limited to, the following: Agland Energy Services, Avista Advantage, California Department of General Services, California Farm Bureau Federation, California Independent Energy Producers, California Micro Utility, California State University, Calpine Corporation, Cinergy Services, Inc., Destec Energy, Inc., Eastern Pacific Energy, Electric Clearinghouse, Inc., Energy Producers and Users Coalition, Enron Corp., Illinova Energy Partners, LG&E Energy Marketing, Mock Energy Services, MZA Grid Services, New Energy Ventures, New West Energy, NorAm Energy Management, Inc., PacifiCorp, PG&E Energy Services, Southern Energy Trading and Marketing, Inc., Stone & Webster Management Consulting, Inc., University of California and Utilisys Corporation. Due to the very brief opportunity Alliance members have had to review the final document, additional members are still conducting their review and are expected to support this draft in their comments on the workshop report. ELLISON & SCHNEIDER Christopher T. Ellison Attorneys at Law Lynn M. Haug Anne J. Schneider 2015 H Street Wendy M. Fisher Douglas K. Kerner, Of Counsel Sacramento, CA 95814-3109 Joseph B. Nelson Margaret G. Leavitt, Of Counsel Telephone (916) 447-2166 Barbara A. Brenner Fax (916) 447-3512 Robert E. 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