Subject: latest legislative version of direct access - - 08 . 22 . 01
the following is a summary of the direct access provisions in the bill language released this afternoon reflecting the deal that davis cut with assembly . things are very fluid and these provisions could change significantly .
i was just informed by the large business customers that they just met with the davis ' and hertzberg ' s staff and the staff have agreed to amend the da provisions to make them considerably more favorable for customers and suppliers . they also said that favorable provisions with respect to self - gen would also be added to the bill . they said that these new amendments could come out as early as tonite or tomorrow morning and that the bill may be heard tomorrow .
note : in addition to the da provisions , the bill also includes provisions that 1 ) explicitly recognize the px credit as part of edison ' s undercollection , and 2 ) permit edison to pay debts associated with the negative px credit . ( the bill does not authorize edison to pay power suppliers , however , and leaves that portion of edison ' s debt for edison ' s management and shareholders to address . )
summary of direct access provisions :
the program would begin january 1 , 2003 .
it ' s unclear what would happen to da between now and january 1 , 2003 . presumably , the decision to suspend , or not , between now and then would stay with the california puc .
90 days after the effective date of the bill , and every 6 months thereafter , dwr would provide information to the puc showing the net short position .
every 6 months , the puc would hold an open season permitting customers to switch to da .
20 kw - and - above customers would have 60 days to decide to switch once the puc has announced the open season ; under 20 kw customers would have 180 days .
customers who switch to da would be responsible for paying 1 ) the customer ' s proportionate share of the utility ' s undercollection and 2 ) the customer ' s proportionate share of dwr ' s receivables ( if any ) for power previously delivered by dwr ( but not yet fully paid for by customers ) .
in addition , if the number of customers who elect to choose to go da in the open season exceeds the net short , then da customers will have to pay their proportionate share of any dwr stranded contract costs .
if the number of da customers does not exceed the net short position , then no stranded contract cost fees would be assessed .
best ,
jeff