§ 39-1-27.3.1 Option to return to standardoffer. – (a) The commission may, notwithstanding the provisions of § 39-1-27.3,allow customers no longer eligible for standard offer service to return tostandard offer service, subject to the process set forth in this section. Theprocess shall be as follows: the commission shall hold hearings to determinewhether there is a sufficient presence of nonregulated power producers offeringreasonably priced power supply service to customers in Rhode Island. If thecommission determines that these market conditions are not present, thecommission shall direct the electric distribution company to prepare and file aplan that creates an option for customers to return to the standard offerincluding terms and conditions for customers returning and the manner in whichthe power supply will be procured. This plan may include term commitments ornotice provisions before nonresidential customers are permitted to leavestandard offer service once they return. The commission shall conduct a hearingto review the electric distribution company's plan and issue an order approvingthe plan, including any modifications the commission deems appropriate.
(b) Once the plan is approved by the commission, the electricdistribution company and the division shall jointly prepare a request for powersupply proposals ("RFP") consistent with the commission's order, developreasonable bidder qualification, issue the RFP, review the bids, and jointlyselect a winning bidder or bidders to supply power. If the electricdistribution company and the division mutually agree that the bids areunreasonably high, they shall have the discretion to reject all bids andre-issue an RFP at a later date that they deem appropriate. If the electricdistribution company and the division cannot agree on any matter, the disputeshall be submitted to the commission for resolution. Once the winning bidder orbidders are selected, a supply contract or contracts on terms reasonablyacceptable to the distribution company and the division will be executed by theelectric distribution company and no further regulatory approval shall berequired. However, the results of the bidding process shall be filed with thecommission.
(c) All of the costs associated with the new supplycontract(s) will be recovered through standard offer rates and the electricdistribution company's fully reconciling adjustment provision.
(d) The standard offer rates for the residential customersreturning to the standard offer shall be the same as the standard offer ratepaid by all other standard offer customers. The standard offer rates for thenonresidential customers returning to the standard offer shall be determined bythe commission after the commission reviews the costs of the power supplyresulting from the bid process. The rate for nonresidential customers returningto the standard offer may differ from those of other customers, if thecommission deems the rate differential to be appropriate.
(e) Any customer returning to the standard offer may notenter into any agreement to use standard offer service to arbitrage the marketwith any supplier while the customer is on the standard offer and it shall beunlawful for any nonregulated power producer to enter into such an agreement.
(f) Nothing in this section shall be construed to create alegally enforceable entitlement for any supplier to require the electricdistribution company to select any particular bid and/or sign a contract withthe supplier.
(g) The requirements set forth in this section shall notapply to Pascoag Fire District or Block Island Power Company.
§ 39-1-27.3.1 Option to return to standardoffer. – (a) The commission may, notwithstanding the provisions of § 39-1-27.3,allow customers no longer eligible for standard offer service to return tostandard offer service, subject to the process set forth in this section. Theprocess shall be as follows: the commission shall hold hearings to determinewhether there is a sufficient presence of nonregulated power producers offeringreasonably priced power supply service to customers in Rhode Island. If thecommission determines that these market conditions are not present, thecommission shall direct the electric distribution company to prepare and file aplan that creates an option for customers to return to the standard offerincluding terms and conditions for customers returning and the manner in whichthe power supply will be procured. This plan may include term commitments ornotice provisions before nonresidential customers are permitted to leavestandard offer service once they return. The commission shall conduct a hearingto review the electric distribution company's plan and issue an order approvingthe plan, including any modifications the commission deems appropriate.
(b) Once the plan is approved by the commission, the electricdistribution company and the division shall jointly prepare a request for powersupply proposals ("RFP") consistent with the commission's order, developreasonable bidder qualification, issue the RFP, review the bids, and jointlyselect a winning bidder or bidders to supply power. If the electricdistribution company and the division mutually agree that the bids areunreasonably high, they shall have the discretion to reject all bids andre-issue an RFP at a later date that they deem appropriate. If the electricdistribution company and the division cannot agree on any matter, the disputeshall be submitted to the commission for resolution. Once the winning bidder orbidders are selected, a supply contract or contracts on terms reasonablyacceptable to the distribution company and the division will be executed by theelectric distribution company and no further regulatory approval shall berequired. However, the results of the bidding process shall be filed with thecommission.
(c) All of the costs associated with the new supplycontract(s) will be recovered through standard offer rates and the electricdistribution company's fully reconciling adjustment provision.
(d) The standard offer rates for the residential customersreturning to the standard offer shall be the same as the standard offer ratepaid by all other standard offer customers. The standard offer rates for thenonresidential customers returning to the standard offer shall be determined bythe commission after the commission reviews the costs of the power supplyresulting from the bid process. The rate for nonresidential customers returningto the standard offer may differ from those of other customers, if thecommission deems the rate differential to be appropriate.
(e) Any customer returning to the standard offer may notenter into any agreement to use standard offer service to arbitrage the marketwith any supplier while the customer is on the standard offer and it shall beunlawful for any nonregulated power producer to enter into such an agreement.
(f) Nothing in this section shall be construed to create alegally enforceable entitlement for any supplier to require the electricdistribution company to select any particular bid and/or sign a contract withthe supplier.
(g) The requirements set forth in this section shall notapply to Pascoag Fire District or Block Island Power Company.
§ 39-1-27.3.1 Option to return to standardoffer. – (a) The commission may, notwithstanding the provisions of § 39-1-27.3,allow customers no longer eligible for standard offer service to return tostandard offer service, subject to the process set forth in this section. Theprocess shall be as follows: the commission shall hold hearings to determinewhether there is a sufficient presence of nonregulated power producers offeringreasonably priced power supply service to customers in Rhode Island. If thecommission determines that these market conditions are not present, thecommission shall direct the electric distribution company to prepare and file aplan that creates an option for customers to return to the standard offerincluding terms and conditions for customers returning and the manner in whichthe power supply will be procured. This plan may include term commitments ornotice provisions before nonresidential customers are permitted to leavestandard offer service once they return. The commission shall conduct a hearingto review the electric distribution company's plan and issue an order approvingthe plan, including any modifications the commission deems appropriate.
(b) Once the plan is approved by the commission, the electricdistribution company and the division shall jointly prepare a request for powersupply proposals ("RFP") consistent with the commission's order, developreasonable bidder qualification, issue the RFP, review the bids, and jointlyselect a winning bidder or bidders to supply power. If the electricdistribution company and the division mutually agree that the bids areunreasonably high, they shall have the discretion to reject all bids andre-issue an RFP at a later date that they deem appropriate. If the electricdistribution company and the division cannot agree on any matter, the disputeshall be submitted to the commission for resolution. Once the winning bidder orbidders are selected, a supply contract or contracts on terms reasonablyacceptable to the distribution company and the division will be executed by theelectric distribution company and no further regulatory approval shall berequired. However, the results of the bidding process shall be filed with thecommission.
(c) All of the costs associated with the new supplycontract(s) will be recovered through standard offer rates and the electricdistribution company's fully reconciling adjustment provision.
(d) The standard offer rates for the residential customersreturning to the standard offer shall be the same as the standard offer ratepaid by all other standard offer customers. The standard offer rates for thenonresidential customers returning to the standard offer shall be determined bythe commission after the commission reviews the costs of the power supplyresulting from the bid process. The rate for nonresidential customers returningto the standard offer may differ from those of other customers, if thecommission deems the rate differential to be appropriate.
(e) Any customer returning to the standard offer may notenter into any agreement to use standard offer service to arbitrage the marketwith any supplier while the customer is on the standard offer and it shall beunlawful for any nonregulated power producer to enter into such an agreement.
(f) Nothing in this section shall be construed to create alegally enforceable entitlement for any supplier to require the electricdistribution company to select any particular bid and/or sign a contract withthe supplier.
(g) The requirements set forth in this section shall notapply to Pascoag Fire District or Block Island Power Company.
