Subchapter H. RETAIL ELECTRICITY CHOICE SALES ACTIVITY REPORTS


Sec.


54.201.    Purpose.
54.202.    Definitions.
54.203.    Reporting requirements.
54.204.    Public information.

Authority

   The provisions of this Subchapter H issued under 66 Pa.C.S. § §  501, 504 and 2801 and 2812, unless otherwise noted.

Source

   The provisions of this Subchapter H adopted May 29, 2009, effective May 30, 2009, 39 Pa.B. 2707.

§ 54.201. Purpose.

 This subchapter establishes reporting requirements applicable to EDCs and active EGSs and requires the reporting of information related to retail electric generation sales activity. The Commission will use this information to fulfill its duty to monitor the Commonwealth’s retail electric generation market and to police and arrest instances of market power abuse and discriminatory conduct. (See 66 Pa.C.S. §  2811 (relating to market power remediation).) The information shall be used to conduct milestone reviews of the development of the retail market for the supply of electricity. (See 66 Pa.C.S. §  2804(12) (relating to standards for restructuring of electric industry).)

§ 54.202. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Active EGS—An EGS that is licensed to provide retail electric generation service and is providing that service to one or more customers.

   CEEP—The Bureau of Conservation, Economics and Energy Planning or a successor Commission Bureau assigned the task of monitoring the retail electric generation market for anti-competitive behavior and abuse of market power.

   Capped electric generation rates—Electric Generation Rates established through restructuring plans approved by the Commission under 66 Pa.C.S. Chapter 28 (relating to the Electricity Generation Customer Choice and Competition Act).

   EDC—electric distribution company—The term as defined in 66 Pa.C.S. §  2803 (relating to definitions).

   EGS—electric generation supplier—The term as defined in 66 Pa.C.S. §  2803.

   Flat Rate Customer Account—A customer account that is charged a fixed cents per kwh rate that changes no more frequently than monthly, excluding seasonal rates.

   Green power customer account—A retail customer account incorporating electric power supply that has greater than required renewable content as specified in section 3 of the Alternative Energy Portfolio Standards Act (73 P.S §  1648.3).

   Hybrid rate customer account—A retail customer account that is charged via an electric generation pricing arrangement that incorporates hourly and block rates.

   kW—Kilowatts.

   kWh—Kilowatthour.

   Large nonresidential customers—Commercial and industrial customers with annual usage greater than 2,409,001 kWh.

   Medium nonresidential customers—Commercial and industrial customers with annual usage ranging from 120,451 up to and including 2,409,000 kWh.

   MWh—Megawatthours.

   Small nonresidential customers—Commercial and industrial customers with annual usage ranging from 0 up to and including 120,450 kWh.

   TOU customer account—Time-of-use customer account—A retail customer account that is charged a time of use rate.

   Time-of-use rate—TOU—A rate that reflects the costs of serving customers during different time periods, including off-peak and on-peak periods, but not as frequently as each hour.

§ 54.203. Reporting requirements.

 (a) Reporting requirements.

   (1)  An EDC or an active EGS shall report the information regarding retail sales of electric generation in accordance with this subchapter.

   (2)  An EDC shall report retail sales activity in its service territory. The EDC shall report information by customer class for residential, commercial, and industrial customers. An EDC with capped electric generation rates shall report information in the aggregate for residential customers, and by rate schedule and in the aggregate for commercial and industrial customers. An EDC that does not have capped electric generation rates shall report information for residential, commercial and industrial customers by rate class as defined by the default service program approved by the Commission. The EDC shall report the following information:

     (i)   Total number of customer accounts served by EGSs.

     (ii)   Total number of customer accounts being served by EGSs and the EDC.

     (iii)   MWh sales of EGSs.

     (iv)   MWh sales of EGSs and the EDC.

     (v)   EGSs serving customer accounts by class.

     (vi)   Total number of EDC TOU customer accounts served by EGSs.

     (vii)   Total number of EDC TOU customer accounts served by EGSs and the EDC.

     (viii)   MWh sales of EGSs to EDC TOU customer accounts.

     (ix)   MWh sales of EGSs and the EDC to EDC TOU customer accounts.

     (x)   Total number of EDC hourly/real time price customer accounts served by EGSs.

     (xi)   Total number of hourly/real time price customer accounts served by EGSs and the EDC.

     (xii)   MWh sales by EGSs to EDC hourly/real time priced customer accounts.

     (xiii)   MWh sales by EGSs and the EDC to EDC hourly/real time priced customer accounts.

   (3)  An EDC shall report retail sales activity of EGSs operating in its service territory. An EDC shall report the following information for an EGS providing service in the EDC’s service territory, marking the information as confidential:

     (i)   Identity of the EGS.

     (ii)   Number of customer accounts served by the EGS by customer class for residential, commercial and industrial customers.

     (iii)   Sales in MWh of customer accounts served by the EGS by customer class for residential, commercial and industrial customers.

   (4)  An active EGS shall report retail sales activity on a Statewide basis. The EGS shall report the following information by customer class for residential, small nonresidential customers, medium nonresidential customers and large nonresidential customers, marking the information as confidential:

     (i)   Number of customer accounts.

     (ii)   Number of flat rate customer accounts.

     (iii)   Number of seasonal rate customer accounts.

     (iv)   Number of TOU customer accounts.

     (v)   Number of hybrid rate customer accounts.

     (vi)   Number of fixed term contract customer accounts by length of the original primary contract, specifying the length in number of years.

     (vii)   Number of green power customer accounts.

     (viii)   Number of mandatory curtailable customer accounts.

     (ix)   Number of voluntary curtailable customer accounts.

     (x)   Number of customer accounts based on billing methods.

     (xi)   Number of hourly/real time pricing customer accounts.

   (5)  An EDC shall file quarterly sales activity reports with the Commission’s Secretary and CEEP. A quarterly report shall be filed no later than 30 days after the end of the previous quarter.

   (6)  An active EGS shall file an annual sales activity report for the previous calendar year with the Commission’s Secretary and CEEP on or before April 30 of each year.

 (b) Report forms.

   (1)  The Commission shall provide separate report forms for EDC and EGS use. An EDC or an active EGS shall use the applicable report form.

   (2)  Report forms shall be made available in both paper and electronic format. Report forms in electronic format may be downloaded at the Commission’s web site, or will be provided in paper format upon request to the Commission’s forms officer.

   (3)  An EDC or active EGS shall file an original of a completed paper report form with the Commission’s Secretary and the Bureau of Technical Utiltiy Services. When the report form is filed electronically, one paper copy of the report form shall be filed with the Commission’s Secretary no later than 15 days after the report is due when the report form exceeds 250 pages.

 (c)  Compliance monitoring and enforcement. CEEP is the Commission bureau responsible for retaining reports filed under this subchapter, and for monitoring and enforcing compliance with this subchapter.

Authority

   The provisions of this §  54.203 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 523, 1301, 1501 and 1504.

Source

   The provisions of this §  54.203 amended January 10, 2014, effective January 11, 2014, 44 Pa.B. 249. Immediately preceding text appears at serial pages (363003) to (363005).

§ 54.204. Public information.

 The Commission will make available to the public on an aggregated basis information contained in sales activity reports that does not disclose individual EGS market shares.



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