30-803

30-803. Competition in retail supply of
electricity; open markets

A. Public power entities may participate in retail electric competition statewide
and shall open their entire service territories to competition to electricity suppliers
certificated by the commission pursuant to section 40-207 and to providers of other
services.

B. Public power entities shall maintain their existing service territories for
electric distribution service. Public power entities shall not provide electric
distribution services in the service territories of other electric distribution utilities
in this state.

C. Electric distribution utilities shall continue to provide other services for the
service territories they serve as follows:

1. Billing and collection services for competitive electric generation services
shall be provided on a competitive basis for all retail electric customers that have
competitive electric generation service.

2. Metering shall be provided on a competitive basis for all retail electric
customers that have competitive electric generation service. All meters shall meet or
exceed existing standards for safety, reliability and accuracy.

3. Meter reading shall be provided on a competitive basis for all retail electric
customers that have competitive electric generation service.

D. Public power entities shall provide for buy-through service to any electric
consumer on request at no additional charge other than charges for required transmission,
distribution or ancillary services or for requested brokerage services, and any
nonbypassable charges that would otherwise apply, from and after January 1, 2001.

E. Public power entities shall allow the aggregation of loads by multiple
customers.

F. The governing body of a public power entity shall adopt a code of conduct to
prevent anticompetitive activities that may result from the public power entity providing
both competitive and noncompetitive services to retail electric customers. The code of
conduct shall address at least the following issues:

1. Policies for allocating costs between noncompetitive and competitive activities
to avoid cross-subsidization.

2. Policies to prevent employees providing noncompetitive services from directing
retail electric customers to the public power entity's competitive services.

3. Policies to prevent employees from transferring proprietary information gained
in the performance of noncompetitive services to employees engaged in performing
competitive services without the consent of the retail electric customer.

4. Policies to provide retail electric customers with complete and accurate
disclosure of which services are competitive and which services are noncompetitive.

5. Policies to prohibit preferential treatment when providing noncompetitive
services based on a retail electric customer's provider of competitive services.

G. To ensure compliance with the process and procedures established in the code of
conduct pursuant to subsection F of this section, each public power entity shall prepare
annually the following reports that shall be made available to the public:

1. A list of all extraordinary circumstances excusing the public power entity's
compliance with the code of conduct and a report explaining the nature, cause and
duration of each incident.

2. A report detailing the costs associated with all transactions between the public
power entity and its competitive retail electric affiliates, with the associated costs
reported separately for each business activity and for each transaction.

3. A report detailing how many customers receiving competitive generation service
were provided metering services or meter reading services by the public power entity and
how many competitive electricity suppliers received consolidated billing services.

H. The governing body of a public power entity shall provide a dispute resolution
process including nonbinding third party arbitrators or mediators for customers and
interested parties filing a complaint regarding activities that are governed by the
policies established pursuant to subsection F of this section. Knowingly and
intentionally violating the provisions of this section shall result in the same civil
penalties that apply to public service corporations for similar violations.

I. The provisions of subsection B of this section are subject to legislative review
in 2008. The review shall include recommendations on whether public power entities should
retain their then existing distribution service territories.