Administrative Code

Virginia Administrative Code
Title 20. Public Utilities and Telecommunications
Agency 5. State Corporation Commission
1/19/2020

Chapter 313. Rules Governing Exemptions to Minimum Stay Requirements and Wires Charges

20VAC5-313-10. Applicability.

A. The existing Rules Governing Retail Access to Competitive Energy Services (20VAC5-312) remain enforceable unless further qualified by the following additional rules.

B. This chapter applies to suppliers of electric services including investor-owned local distribution companies and competitive service providers, and are in addition to the existing rules of 20VAC5-312. The provisions in this chapter shall be applicable to the provision of generation service to the qualifying customers electing exemption to the current minimum stay provisions.

Statutory Authority

§§ 12.1-13 and 56-576 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 11, eff. January 5, 2006; amended, Virginia Register Volume 25, Issue 8, eff. January 1, 2009.

20VAC5-313-20. Exemption to minimum stay provisions.

A. This section applies to an investor-owned electric local distribution company imposing minimum stay provisions on certain customers as applicable under 20VAC5-312-80 Q and 20VAC5-312-80 R and to competitive service providers serving such customers.

B. An investor-owned electric local distribution company shall offer any customer with an annual peak demand of 500 kW or greater that returns to the service of the local distribution company the option to accept the service pursuant to the prices, terms, and conditions of its tariffs approved by the State Corporation Commission and abide by the current minimum stay requirements or to accept the service at market-based costs without the obligation of a minimum stay requirement.

C. The investor-owned electric local distribution company shall provide written notice, in a clear and conspicuous manner, as approved by the staff of the State Corporation Commission to qualified customers of the options identified in subsection B of this section. In addition, the investor-owned local distribution company shall supplement such written notice by providing information on its website, as approved by the staff of the State Corporation Commission, detailing the options identified in subsection B of this section.

D. The investor-owned local distribution company's notification to the customer advising that it has received a cancellation notice from the customer's competitive service provider, as required by 20VAC5-312-80 N, shall also in a clear and conspicuous manner, as approved by the staff of the State Corporation Commission, advise the customer of the options identified in subsection B of this section.

E. The investor-owned electric local distribution company shall employ the methodology to determine its market-based costs as provided in 20VAC5-313-40 and approved by the State Corporation Commission in Case No. PUE-2004-00068 for any customer electing such option and subsequently returning to the local distribution company.

F. The investor-owned electric local distribution company shall submit a tariff containing the market-based prices determined in subsection E of this section to the State Corporation Commission for approval prior to implementing such prices.

Statutory Authority

§§ 12.1-13 and 56-576 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 11, eff. January 5, 2006; amended, Virginia Register Volume 25, Issue 8, eff. January 1, 2009.

20VAC5-313-30. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 22, Issue 11, eff. January 5, 2006; repealed, Virginia Register Volume 25, Issue 8, eff. January 1, 2009.

20VAC5-313-40. Methodology to determine market-based costs.

The following elements shall be considered to determine the appropriate market-based costs applied to certain customers electing to exempt the minimum stay requirements or wires charges:

1. Actual energy expenses of procuring such electric energy based on real-time or day ahead hourly prices calculated and published by the respective RTO for the appropriate price zone of the local distribution company;

2. Actual capacity expenses of procuring such electric capacity based on prices calculated and published by the respective RTO for the currently defined capacity market;

3. Incremental administrative and incremental transaction costs associated with procuring such energy, including but not limited to:

a. Costs of transmission line losses; and

b. Costs of ancillary services; and

4. A reasonable margin to provide the service deemed justifiable by the State Corporation Commission.

Statutory Authority

§§ 12.1-13, 56-577 and 56-583 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 11, eff. January 5, 2006.



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