65- 407 C.M.R. ch. 301, § 9

Current through 2024-25, June 19, 2024
Section 407-301-9 - Failure of Standard Offer Provider to Provide Service
A.Default; Replacement Service

In the event a standard offer provider fails to provide service as required, the Commission will act as quickly as practicable to secure alternative service. The Commission may take any one of the following actions:

1. inquire whether other standard offer providers in the service territory are willing and able to provide service at the defaulting providers prices.
2. inquire whether other standard offer providers in the State are willing and able to provide service at the defaulting providers prices.
3. conduct and complete a new bid process as soon as possible.
4. issue an order directing the transmission and distribution utility to provide standard offer service through purchases from the regional wholesale bulk power markets, contracts with wholesale suppliers or other appropriate arrangements, as specified by the Commission, until the selection of a new standard offer provider is made through a new bid process.
B.Temporary Provision of Service

In the time period before replacement standard offer service begins, the transmission and distribution utility shall use the revenue from standard offer customers that it would otherwise transfer to the defaulting standard offer provider to cover any costs it incurs to serve the standard offer requirements pursuant to the rules of the Independent System Operator - New England or the Maritime control area, as applicable.

C.Financial Security Amounts

Amounts received as a result of the defaulting standard offer provider's financial security will be used to defray any additional costs of the replacement standard offer service so as to avoid the need for standard offer prices to increase.

D.Cost Recovery

If the Commission directs the transmission and distribution utility to provide replacement standard offer service pursuant to subsection (A)(4) above, the transmission and distribution utility shall use the revenue from standard offer, customers that it would otherwise transfer to the defaulting standard offer provider to cover the cost of providing replacement service. If the costs to the transmission and distribution utility of providing replacement standard offer service pursuant to this section exceed the amount available from standard offer service revenue and the proceeds from the defaulting provider's bond, letter of credit or corporate guarantee, the Commission may adjust standard offer rates such that the rates will cover the excess costs of providing the replacement standard offer service. The Commission shall, through full reconciliation, ensure recovery by the transmission and distribution utility of all costs of providing standard offer service pursuant to this section consistent with § 8(D)(3).

65- 407 C.M.R. ch. 301, § 9