Sec.16-245c-3. Open and nondiscriminatory access

To demonstrate its capability to provide to all electric suppliers open and nondiscriminatory access to all distribution facilities it owns or operates, an applicant shall submit with its licensing application the following:

(1) All relevant tariffs for the electric transmission and electric distribution services the applicant offers, along with all supporting cost documentation and work papers for such tariffs;

(2) If the applicant proposes to recover stranded costs from customers located within its service area as it existed prior to July 1, 1998, a description of the costs to be recovered, the amount of costs to be recovered, the basis for the determination of those costs, and a description of the rate mechanism through which such costs would be recovered;

(3) Proof of the applicant's ability to coordinate activities with the ISO for purposes of allowing electric suppliers to serve end use customers of the applicant; and

(4) Proof that the applicant's electric distribution services customers are allowed to choose among electric suppliers for electric generation services on an equivalent basis with end use customers of electric distribution companies. To demonstrate such an equivalent choice, an applicant shall submit:

(A) The applicant's billing and metering protocols and any statement of terms and conditions to which electric suppliers would be expected to abide;

(B) The procedures to be used by the applicant to effectuate a change in electric supplier for its electric distribution services customers;

(C) Any municipal ordinances, regulations or bylaws that pertain to the delivery of electric generation services; and

(D) The terms and conditions under which an electric distribution services customer will be allowed to return as an electric generation services customer of the applicant after having chosen another electric supplier.

(Adopted effective December 29, 1999)