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Texas REPs Would Remain Responsible for Collecting Monthly Smart Meter Opt-Out Fee Under Staff Proposal A draft proposal for adoption from Staff of the Public Utility Commission of Texas would place the responsibility for collecting from customers the ongoing monthly charge for opting out of a communicating advanced meter on retail electric providers.
Texas Commissioners previously agreed that the transmission and distribution utilities (TDUs), not REPs, should collect the up-front, one-time fee for the opt-out. Commissioners had not specifically addressed the ongoing monthly charge, however.
Staff would require the REP to collect the monthly ongoing opt-out fee. Specifically, similar to other TDU charges in the market, the TDU would assess the fee on the REP, with the REP left to determine how to collect the fee from the customer.
Staff's proposal filed Friday did not contain proposed amounts for the ongoing monthly fee, not even on an interim basis prior to TDU-specific rate proceedings. Staff's proposal makes no apparent provision for setting such interim rates, apparently deferring all rate issues to the TDU-specific rate proceedings.
Staff's proposal would differentiate the one-time upfront fee, collected by the TDU, based on which one of four, specific opt-out options were chosen (retention of existing analog meter, replacement of AMS with new analog meter, replacement of AMS with new, non-communicating digital meter, or use of AMS meter with communication disabled). Amounts for each of these options was not included in the proposal filed Friday.
Customers electing one of the proposed opt-out options would remain responsible for paying the advanced metering system (AMS) surcharge, as Staff noted that PURA §39.109(h) provides that the AMS surcharge is nonbypassable.
As previously agreed to by Commissioners, customers would be required to provide the TDU with a written acknowledgement to exercise their smart meter opt-out.
Staff's proposal for adoption would include a new section addressing the treatment of customers electing an opt-out who were being served by a retail product dependent on a provisioned AMS meter.
Staff's proposal provides that, if necessary, the customer's REP shall work with the customer to either promptly transition the customer to a product that is compatible with non-AMS metering service or transfer the customer to another REP, "subject to any applicable charges or fees required under the customer's existing contract."
"If the customer is unresponsive, the REP may transition the customer without the customer's affirmative consent to a market-based, month-to-month product that is compatible with non-standard metering service," the draft provides.
"Alternatively, the REP may transfer the customer to another REP pursuant to §25.493 (relating to Acquisition and Transfer of Customers from One Retail Electric Provider or Another) so long as the new REP serves the customer at a market-based, month-to-month product; is offered by the REP or another REP that has consented to the transfer; and has a rate no higher than one of the tests prescribed by §25.498(c)(15)(A)-(C) of this title (relating to Prepaid Service). The REP shall promptly provide the customer notice that the customer has been transferred to a new product and, if applicable, to a new REP, and shall also promptly provide the new Terms of Service and Electricity Facts Label," the draft provides.
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August 5, 2013
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Reporting by Karen Abbott • kabbott@energychoicematters.com
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