Sec. 16-244c. Standard offer. Transitional standard offer. Standard service. Alternative transitional standard offer and standard service. Supplier of last resort. Back-up generation service. Particip
Sec. 16-244c. Standard offer. Transitional standard offer. Standard service.
Alternative transitional standard offer and standard service. Supplier of last resort. Back-up generation service. Participating electric suppliers. (a)(1) On and after
January 1, 2000, each electric distribution company shall make available to all customers
in its service area, the provision of electric generation and distribution services through
a standard offer. Under the standard offer, a customer shall receive electric services at
a rate established by the Department of Public Utility Control pursuant to subdivision (2)
of this subsection. Each electric distribution company shall provide electric generation
services in accordance with such option to any customer who affirmatively chooses to
receive electric generation services pursuant to the standard offer or does not or is unable
to arrange for or maintain electric generation services with an electric supplier. The
standard offer shall automatically terminate on January 1, 2004. While providing electric
generation services under the standard offer, an electric distribution company may provide electric generation services through any of its generation entities or affiliates, provided such entities or affiliates are licensed pursuant to section 16-245.
(2) Not later than October 1, 1999, the Department of Public Utility Control shall
establish the standard offer for each electric distribution company, effective January 1,
2000, which shall allocate the costs of such company among electric transmission and
distribution services, electric generation services, the competitive transition assessment
and the systems benefits charge. The department shall hold a hearing that shall be conducted as a contested case in accordance with chapter 54 to establish the standard offer.
The standard offer shall provide that the total rate charged under the standard offer,
including electric transmission and distribution services, the conservation and load management program charge described in section 16-245m, the renewable energy investment charge described in section 16-245n, electric generation services, the competitive
transition assessment and the systems benefits charge shall be at least ten per cent less
than the base rates, as defined in section 16-244a, in effect on December 31, 1996. The
standard offer shall be adjusted to the extent of any increase or decrease in state taxes
attributable to sections 12-264 and 12-265 and any other increase or decrease in state
or federal taxes resulting from a change in state or federal law and shall continue to be
adjusted during such period pursuant to section 16-19b. Notwithstanding the provisions
of section 16-19b, the provisions of said section 16-19b shall apply to electric distribution companies. The standard offer may be adjusted, by an increase or decrease, to the
extent approved by the department, in the event that (A) the revenue requirements of
the company are affected as the result of changes in (i) legislative enactments other
than public act 98-28*, (ii) administrative requirements, or (iii) accounting standards
occurring after July 1, 1998, provided such accounting standards are adopted by entities
independent of the company that have authority to issue such standards, or (B) an electric
distribution company incurs extraordinary and unanticipated expenses required for the
provision of safe and reliable electric service to the extent necessary to provide such
service. Savings attributable to a reduction in taxes shall not be shifted between customer
classes.
(3) The price reduction provided in subdivision (2) of this subsection shall not apply
to customers who, on or after July 1, 1998, are purchasing electric services from an
electric company or electric distribution company, as the case may be, under a special
contract or flexible rate tariff, and the company's filed standard offer tariffs shall reflect
that such customers shall not receive the standard offer price reduction.
(b) (1) (A) On and after January 1, 2004, each electric distribution company shall
make available to all customers in its service area, the provision of electric generation
and distribution services through a transitional standard offer. Under the transitional
standard offer, a customer shall receive electric services at a rate established by the
Department of Public Utility Control pursuant to subdivision (2) of this subsection. Each
electric distribution company shall provide electric generation services in accordance
with such option to any customer who affirmatively chooses to receive electric generation services pursuant to the transitional standard offer or does not or is unable to arrange
for or maintain electric generation services with an electric supplier. The transitional
standard offer shall terminate on December 31, 2006. While providing electric generation services under the transitional standard offer, an electric distribution company may
provide electric generation services through any of its generation entities or affiliates,
provided such entities or affiliates are licensed pursuant to section 16-245.
(B) The department shall conduct a proceeding to determine whether a practical,
effective, and cost-effective process exists under which an electric customer, when initiating electric service, may receive information regarding selecting electric generating
services from a qualified entity. The department shall complete such proceeding on or
before December 1, 2005, and shall implement the resulting decision on or before March
1, 2006, or on such later date that the department considers appropriate. An electric
distribution company's costs of participating in the proceeding and implementing the
results of the department's decision shall be recoverable by the company as generation
services costs through an adjustment mechanism as approved by the department.
(2) (A) Not later than December 15, 2003, the Department of Public Utility Control
shall establish the transitional standard offer for each electric distribution company,
effective January 1, 2004.
(B) The department shall hold a hearing that shall be conducted as a contested case
in accordance with chapter 54 to establish the transitional standard offer. The transitional
standard offer shall provide that the total rate charged under the transitional standard
offer, including electric transmission and distribution services, the conservation and
load management program charge described in section 16-245m, the renewable energy
investment charge described in section 16-245n, electric generation services, the competitive transition assessment and the systems benefits charge, and excluding federally
mandated congestion costs, shall not exceed the base rates, as defined in section 16-244a, in effect on December 31, 1996, excluding any rate reduction ordered by the
department on September 26, 2002.
(C) (i) Each electric distribution company shall, on or before January 1, 2004, file
with the department an application for an amendment of rates pursuant to section 16-19, which application shall include a four-year plan for the provision of electric transmission and distribution services. The department shall conduct a contested case proceeding
pursuant to sections 16-19 and 16-19e to approve, reject or modify the application and
plan. Upon the approval of such plan, as filed or as modified by the department, the
department shall order that such plan shall establish the electric transmission and distribution services component of the transitional standard offer.
(ii) Notwithstanding the provisions of this subparagraph, an electric distribution
company that, on or after September 1, 2002, completed a proceeding pursuant to sections 16-19 and 16-19e, shall not be required to file an application for an amendment
of rates as required by this subparagraph. The department shall establish the electric
transmission and distribution services component of the transitional standard offer for
any such company equal to the electric transmission and distribution services component
of the standard offer established pursuant to subsection (a) of this section in effect on
July 1, 2003, for such company. If such electric distribution company applies to the
department, pursuant to section 16-19, for an amendment of its rates on or before December 31, 2006, the application of the electric distribution company shall include a four-year plan.
(D) The transitional standard offer (i) shall be adjusted to the extent of any increase
or decrease in state taxes attributable to sections 12-264 and 12-265 and any other increase or decrease in state or federal taxes resulting from a change in state or federal
law, (ii) shall be adjusted to provide for the cost of contracts under subdivision (2) of
subsection (j) of this section and the administrative costs for the procurement of such
contracts, and (iii) shall continue to be adjusted during such period pursuant to section
16-19b. Savings attributable to a reduction in taxes shall not be shifted between customer
classes. Notwithstanding the provisions of section 16-19b, the provisions of section 16-19b shall apply to electric distribution companies.
(E) The transitional standard offer may be adjusted, by an increase or decrease, to
the extent approved by the department, in the event that (i) the revenue requirements
of the company are affected as the result of changes in (I) legislative enactments other
than public act 03-135* or public act 98-28*, (II) administrative requirements, or (III)
accounting standards adopted after July 1, 2003, provided such accounting standards
are adopted by entities that are independent of the company and have authority to issue
such standards, or (ii) an electric distribution company incurs extraordinary and unanticipated expenses required for the provision of safe and reliable electric service to the
extent necessary to provide such service.
(3) The price provided in subdivision (2) of this subsection shall not apply to customers who, on or after July 1, 2003, purchase electric services from an electric company
or electric distribution company, as the case may be, under a special contract or flexible
rate tariff, provided the company's filed transitional standard offer tariffs shall reflect
that such customers shall not receive the transitional standard offer price during the term
of said contract or tariff.
(4) (A) In addition to its costs received pursuant to subsection (h) of this section, as
compensation for providing transitional standard offer service, each electric distribution
company shall receive an amount equal to five-tenths of one mill per kilowatt hour.
Revenues from such compensation shall not be included in calculating the electric distribution company's earnings for purposes of, or in determining whether its rates are just
and reasonable under, sections 16-19, 16-19a and 16-19e, including an earnings sharing
mechanism. In addition, each electric distribution company may earn compensation for
mitigating the prices of the contracts for the provision of electric generation services,
as provided in subdivision (2) of this subsection.
(B) The department shall conduct a contested case proceeding pursuant to the provisions of chapter 54 to establish an incentive plan for the procurement of long-term
contracts for transitional standard offer service by an electric distribution company.
The incentive plan shall be based upon a comparison of the actual average firm full
requirements service contract price for electricity obtained by the electric distribution
company compared to the regional average firm full requirements service contract price
for electricity, adjusted for such variables as the department deems appropriate, including, but not limited to, differences in locational marginal pricing. If the actual average
firm full requirements service contract price obtained by the electric distribution company is less than the actual regional average firm full requirements service contract price
for the previous year, the department shall split five-tenths of one mill per kilowatt hour
equally between ratepayers and the company. Revenues from such incentive plan shall
not be included in calculating the electric distribution company's earnings for purposes
of, or in determining whether its rates are just and reasonable under sections 16-19, 16-19a and 16-19e. The department may, as it deems necessary, retain a third party entity
with expertise in energy procurement to assist with the development of such incentive plan.
(c) (1) On and after January 1, 2007, each electric distribution company shall provide electric generation services through standard service to any customer who (A) does
not arrange for or is not receiving electric generation services from an electric supplier,
and (B) does not use a demand meter or has a maximum demand of less than five hundred
kilowatts.
(2) Not later than October 1, 2006, and periodically as required by subdivision (3)
of this subsection, but not more often than every calendar quarter, the Department of
Public Utility Control shall establish the standard service price for such customers pursuant to subdivision (3) of this subsection. Each electric distribution company shall recover
the actual net costs of procuring and providing electric generation services pursuant to
this subsection, provided such company mitigates the costs it incurs for the procurement
of electric generation services for customers who are no longer receiving service pursuant to this subsection.
(3) An electric distribution company providing electric generation services pursuant
to this subsection shall mitigate the variation of the price of the service offered to its
customers by procuring electric generation services contracts in the manner prescribed
in a plan approved by the department. Such plan shall require the procurement of a
portfolio of service contracts sufficient to meet the projected load of the electric distribution company. Such plan shall require that the portfolio of service contracts be procured
in an overlapping pattern of fixed periods at such times and in such manner and duration
as the department determines to be most likely to produce just, reasonable and reasonably
stable retail rates while reflecting underlying wholesale market prices over time. The
portfolio of contracts shall be assembled in such manner as to invite competition; guard
against favoritism, improvidence, extravagance, fraud and corruption; and secure a reliable electricity supply while avoiding unusual, anomalous or excessive pricing. The
portfolio of contracts procured under such plan shall be for terms of not less than six
months, provided contracts for shorter periods may be procured under such conditions
as the department shall prescribe to (A) ensure the lowest rates possible for end-use
customers; (B) ensure reliable service under extraordinary circumstances; and (C) ensure the prudent management of the contract portfolio. An electric distribution company
may receive a bid for an electric generation services contract from any of its generation
entities or affiliates, provided such generation entity or affiliate submits its bid the business day preceding the first day on which an unaffiliated electric supplier may submit
its bid and further provided the electric distribution company and the generation entity
or affiliate are in compliance with the code of conduct established in section 16-244h.
(4) The department, in consultation with the Office of Consumer Counsel, shall
retain the services of a third-party entity with expertise in the area of energy procurement
to oversee the initial development of the request for proposals and the procurement of
contracts by an electric distribution company for the provision of electric generation
services offered pursuant to this subsection. Costs associated with the retention of such
third-party entity shall be included in the cost of electric generation services that is
included in such price.
(5) Each bidder for a standard service contract shall submit its bid to the electric
distribution company and the third-party entity who shall jointly review the bids and
submit an overview of all bids together with a joint recommendation to the department
as to the preferred bidders. The department may, within ten business days of submission
of the overview, reject the recommendation regarding preferred bidders. In the event
that the department rejects the preferred bids, the electric distribution company and the
third-party entity shall rebid the service pursuant to this subdivision.
(d) (1) Notwithstanding the provisions of this section regarding the electric generation services component of the transitional standard offer or the procurement of electric
generation services under standard service, section 16-244h or 16-245o, the Department
of Public Utility Control may, from time to time, direct an electric distribution company
to offer, through an electric supplier or electric suppliers, before January 1, 2007, one
or more alternative transitional standard offer options or, on or after January 1, 2007,
one or more alternative standard service options. Such alternative options shall include,
but not be limited to, an option that consists of the provision of electric generation
services that exceed the renewable portfolio standards established in section 16-245a
and may include an option that utilizes strategies or technologies that reduce the overall
consumption of electricity of the customer.
(2) (A) The department shall develop such alternative option or options in a contested case conducted in accordance with the provisions of chapter 54. The department
shall determine the terms and conditions of such alternative option or options, including,
but not limited to, (i) the minimum contract terms, including pricing, length and termination of the contract, and (ii) the minimum percentage of electricity derived from Class
I or Class II renewable energy sources, if applicable. The electric distribution company
shall, under the supervision of the department, subsequently conduct a bidding process
in order to solicit electric suppliers to provide such alternative option or options.
(B) The department may reject some or all of the bids received pursuant to the
bidding process.
(3) The department may require an electric supplier to provide forms of assurance
to satisfy the department that the contracts resulting from the bidding process will be
fulfilled.
(4) An electric supplier who fails to fulfill its contractual obligations resulting from
this subdivision shall be subject to civil penalties, in accordance with the provisions of
section 16-41, or the suspension or revocation of such supplier's license or a prohibition
on the acceptance of new customers, following a hearing that is conducted as a contested
case, in accordance with the provisions of chapter 54.
(e) (1) On and after January 1, 2007, an electric distribution company shall serve
customers that are not eligible to receive standard service pursuant to subsection (c) of
this section as the supplier of last resort. This subsection shall not apply to customers
purchasing power under contracts entered into pursuant to section 16-19hh.
(2) An electric distribution company shall procure electricity at least every calendar
quarter to provide electric generation services to customers pursuant to this subsection.
The Department of Public Utility Control shall determine a price for such customers
that reflects the full cost of providing the electricity on a monthly basis. Each electric
distribution company shall recover the actual net costs of procuring and providing electric generation services pursuant to this subsection, provided such company mitigates
the costs it incurs for the procurement of electric generation services for customers that
are no longer receiving service pursuant to this subsection.
(f) On and after January 1, 2000, and until such time the regional independent system
operator implements procedures for the provision of back-up power to the satisfaction
of the Department of Public Utility Control, each electric distribution company shall
provide electric generation services to any customer who has entered into a service
contract with an electric supplier that fails to provide electric generation services for
reasons other than the customer's failure to pay for such services. Between January 1,
2000, and December 31, 2006, an electric distribution company may procure electric
generation services through a competitive bidding process or through any of its generation entities or affiliates. On and after January 1, 2007, such company shall procure
electric generation services through a competitive bidding process pursuant to a plan
submitted by the electric distribution company and approved by the department. Such
company may procure electric generation services through any of its generation entities
or affiliates, provided such entity or affiliate is the lowest qualified bidder and provided
further any such entity or affiliate is licensed pursuant to section 16-245.
(g) An electric distribution company is not required to be licensed pursuant to section 16-245 to provide standard offer electric generation services in accordance with
subsection (a) of this section, transitional standard offer service pursuant to subsection
(b) of this section, standard service pursuant to subsection (c) of this section, supplier of
last resort service pursuant to subsection (e) of this section or back-up electric generation
service pursuant to subsection (f) of this section.
(h) The electric distribution company shall be entitled to recover reasonable costs
incurred as a result of providing standard offer electric generation services pursuant to
the provisions of subsection (a) of this section, transitional standard offer service pursuant to subsection (b) of this section, standard service pursuant to subsection (c) of this
section or back-up electric generation service pursuant to subsection (f) of this section.
The provisions of this section and section 16-244a shall satisfy the requirements of
section 16-19a until January 1, 2007.
(i) The Department of Public Utility Control shall establish, by regulations adopted
pursuant to chapter 54, procedures for when and how a customer is notified that his
electric supplier has defaulted and of the need for the customer to choose a new electric
supplier within a reasonable period of time.
(j) (1) Notwithstanding the provisions of subsection (d) of this section regarding
an alternative transitional standard offer option or an alternative standard service option,
an electric distribution company providing transitional standard offer service, standard
service, supplier of last resort service or back-up electric generation service in accordance with this section shall contract with its wholesale suppliers to comply with the
renewable portfolio standards. The Department of Public Utility Control shall annually
conduct a contested case, in accordance with the provisions of chapter 54, in order
to determine whether the electric distribution company's wholesale suppliers met the
renewable portfolio standards during the preceding year. An electric distribution company shall include a provision in its contract with each wholesale supplier that requires
the wholesale supplier to pay the electric distribution company an amount of five and
one-half cents per kilowatt hour if the wholesale supplier fails to comply with the renewable portfolio standards during the subject annual period. The electric distribution company shall promptly transfer any payment received from the wholesale supplier for the
failure to meet the renewable portfolio standards to the Renewable Energy Investment
Fund for the development of Class I renewable energy sources. Any payment made
pursuant to this section shall not be considered revenue or income to the electric distribution company.
(2) Notwithstanding the provisions of subsection (d) of this section regarding an
alternative transitional standard offer option or an alternative standard service option,
an electric distribution company providing transitional standard offer service, standard
service, supplier of last resort service or back-up electric generation service in accordance with this section shall, not later than July 1, 2008, file with the Department of
Public Utility Control for its approval one or more long-term power purchase contracts
from Class I renewable energy source projects that receive funding from the Renewable
Energy Investment Fund and that are not less than one megawatt in size, at a price that
is either, at the determination of the project owner, (A) not more than the total of the
comparable wholesale market price for generation plus five and one-half cents per kilowatt hour, or (B) fifty per cent of the wholesale market electricity cost at the point at
which transmission lines intersect with each other or interface with the distribution
system, plus the project cost of fuel indexed to natural gas futures contracts on the New
York Mercantile Exchange at the natural gas pipeline interchange located in Vermillion
Parish, Louisiana that serves as the delivery point for such futures contracts, plus the
fuel delivery charge for transporting fuel to the project, plus five and one-half cents per
kilowatt hour. In its approval of such contracts, the department shall give preference to
purchase contracts from those projects that would provide a financial benefit to ratepayers or would enhance the reliability of the electric transmission system of the state.
Such projects shall be located in this state. The owner of a fuel cell project principally
manufactured in this state shall be allocated all available air emissions credits and tax
credits attributable to the project and no less than fifty per cent of the energy credits in
the Class I renewable energy credits program established in section 16-245a attributable
to the project. On and after October 1, 2007, and until September 30, 2008, such contracts
shall be comprised of not less than a total, apportioned among each electric distribution
company, of one hundred twenty-five megawatts; and on and after October 1, 2008,
such contracts shall be comprised of not less than a total, apportioned among each
electrical distribution company, of one hundred fifty megawatts. The cost of such contracts and the administrative costs for the procurement of such contracts directly incurred
shall be eligible for inclusion in the adjustment to the transitional standard offer as
provided in this section and any subsequent rates for standard service, provided such
contracts are for a period of time sufficient to provide financing for such projects, but
not less than ten years, and are for projects which began operation on or after July 1,
2003. Except as provided in this subdivision, the amount from Class I renewable energy
sources contracted under such contracts shall be applied to reduce the applicable Class
I renewable energy source portfolio standards. For purposes of this subdivision, the
department's determination of the comparable wholesale market price for generation
shall be based upon a reasonable estimate. On or before September 1, 2007, the department, in consultation with the Office of Consumer Counsel and the Renewable Energy
Investments Advisory Council, shall study the operation of such renewable energy contracts and report its findings and recommendations to the joint standing committee of
the General Assembly having cognizance of matters relating to energy.
(k) (1) As used in this section:
(A) "Participating electric supplier" means an electric supplier that is licensed by
the department to provide electric service, pursuant to this subsection, to residential or
small commercial customers.
(B) "Residential customer" means a customer who is eligible for standard service
and who takes electric distribution-related service from an electric distribution company
pursuant to a residential tariff.
(C) "Small commercial customer" means a customer who is eligible for standard
service and who takes electric distribution-related service from an electric distribution
company pursuant to a small commercial tariff.
(D) "Qualifying electric offer" means an offer to provide full requirements commodity electric service and all other generation-related service to a residential or small
commercial customer at a fixed price per kilowatt hour for a term of no less than one year.
(2) In the manner determined by the department, residential or small commercial
service customers (A) initiating new utility service, (B) reinitiating service following a
change of residence or business location, (C) making an inquiry regarding their utility
rates, or (D) seeking information regarding energy efficiency shall be offered the option
to learn about their ability to enroll with a participating electric supplier. Customers
expressing an interest to learn about their electric supply options shall be informed of
the qualifying electric offers then available from participating electric suppliers. The
electric distribution companies shall describe then available qualifying electric offers
through a method reviewed and approved by the department. The information conveyed
to customers expressing an interest to learn about their electric supply options shall
include, at a minimum, the price and term of the available electric supply option. Customers expressing an interest in a particular qualifying electric offer shall be immediately
transferred to a call center operated by that participating electric supplier.
(3) Not later than September 1, 2007, the department shall establish terms and conditions under which a participating electric supplier can be included in the referral program
described in subdivision (2) of this subsection. Such terms shall include, but not be
limited to, requiring participating electrical suppliers to offer time-of-use and real-time
use rates to residential customers.
(4) Each calendar quarter, participating electric suppliers shall be allowed to list
qualifying offers to provide electric generation service to residential and small commercial customers with each customer's utility bill. The department shall determine the
manner such information is presented in customers' utility bills.
(5) Any customer that receives electric generation service from a participating electric supplier may return to standard service or may choose another participating electric
supplier at any time, including during the qualifying electric offer, without the imposition of any additional charges. Any customer that is receiving electric generation service
from an electric distribution company pursuant to standard service can switch to another
participating electric supplier at any time without the imposition of additional charges.
(l) Each electric distribution company shall offer to bill customers on behalf of
participating electric suppliers and to pay such suppliers in a timely manner the amounts
due such suppliers from customers for generation services, less a percentage of such
amounts that reflects uncollectible bills and overdue payments as approved by the Department of Public Utility Control.
(m) On or before July 1, 2007, the Department of Public Utility Control shall initiate
a proceeding to examine whether electric supplier bills rendered pursuant to section 16-245d and any regulations adopted thereunder sufficiently enable customers to compare
pricing policies and charges among electric suppliers.
(n) Nothing in the provisions of this section shall preclude an electric distribution
company from entering into standard service supply contracts or standard service supply
components with electric generating facilities.
(P.A. 98-28, S. 20, 117; P.A. 03-135, S. 4; 03-221, S. 3, 4; P.A. 04-236, S. 9; 04-247, S. 2; June Sp. Sess. P.A. 05-1,
S. 25, 26, 33; P.A. 06-196, S. 233; P.A. 07-242, S. 49, 92, 124.)
*Note: Public act 98-28 is entitled "An Act Concerning Electric Restructuring". (See Reference Table captioned "Public
Acts of 1998" in Volume 16 which lists the sections amended, created or repealed by the act.)
Public act 03-135 is entitled "An Act Concerning Revisions to the Electric Restructuring Legislation". (See Reference
Table captioned "Public Acts of 2003" in Volume 16 which lists the sections amended, created or repealed by the act.
History: P.A. 98-28 effective July 1, 1998; P.A. 03-135 made technical changes, deleted provision in Subsec. (a) re
extension of the standard offer by the General Assembly, deleted former Subsec. (b) re service to customers on and after
January 1, 2004, who do not or are unable to arrange for services, added new Subsec. (b) re transitional standard offer,
added new Subsec. (c) re standard service, added new Subsec. (d) re alternative transitional standard offer and standard
service, added new Subsec. (e) re supplier of last resort, redesignated existing Subsec. (c) as Subsec. (f) and amended said
Subsec. to change "2003" to "2006" and "2004" to "2007" and to add "pursuant to a plan submitted by the electric
distribution company and approved by the department", redesignated existing Subsec. (d) as Subsec. (g) and amended said
Subsec. to add reference to transitional standard offer service, standard service, and supplier of last resort service and to
delete reference to January 1, 2004, redesignated existing Subsec. (e) as Subsec. (h) and amended said Subsec. to delete
reference to default service and back-up electrical generation services, to add reference to transitional standard offer service,
standard service and back-up electric generation service and to change "2004" to "2007", redesignated existing Subsec. (f)
as Subsec. (i) and amended said Subsec. to delete provision re standards or procedures for procuring power and competitive
bidding, and added new Subsec. (j) re compliance with renewable portfolio standards and purchase of long-term power
purchase contracts from Class I renewable energy source projects, effective July 1, 2003; P.A. 03-221 amended Subsec.
(h) to make a technical change and amended Subsec. (j)(1) to revise provisions re contracting with suppliers to comply
with the renewable portfolio standards, responsibility for payment for failure to meet such standards, and treatment of such
payment, effective July 1, 2003; P.A. 04-236 amended Subsec. (b)(2)(E) to make a technical change, effective June 8,
2004; P.A. 04-247 amended Subsec. (j)(2) to add "for its approval", to add requirement for projects to be not less than one
megawatt in size, and to add requirement for a preference for projects that provide financial benefit to ratepayers or enhance
reliability of the electric transmission system; June Sp. Sess. P.A. 05-1 amended Subsec. (b)(1) to designate existing
language as Subpara. (A) and to add new Subpara. (B) to require the department to conduct a proceeding re receipt of
information to select electric generating services, and amended Subsec. (b)(2)(D) to allow the transitional standard offer
to be adjusted to provide for the cost of long-term power purchase contracts from certain Class I projects, effective July
1, 2005, and amended Subsec. (j)(2) to change filing deadline from July 1, 2007, to July 1, 2008, to add a new pricing
option, to require projects to be located in this state, to provide air emission and tax credits for certain fuel cell projects,
to replace language re inclusion of costs of the contracts in the generation service charge with language re the transitional
standard offer and standard service, and to make technical changes; P.A. 06-196 made technical changes in Subsec. (j)(2),
effective June 7, 2006; P.A. 07-242 amended Subsec. (e)(1) to delete limitation on any customer receiving electric generation services from electric supplier being eligible to receive supplier of last resort service without a one-year commitment
and amended Subsec. (e)(2) to require electric distribution companies to procure electricity "at least every calendar quarter",
effective July 1, 2007, amended Subsec. (j)(2) to change total megawatts of contracts to not less than 125 megawatts on
and after October 1, 2007, and until September 30, 2008, and to not less than 150 megawatts on and after October 1, 2008,
and add provision re study, effective June 4, 2007, and added Subsecs. (k) to (n) re participating electric suppliers, effective
July 1, 2007.