OAR 860-038-0740: New Large Load Program Enrollment and Rates

(1) Each New Large Load consumer must notify the electric company of its intent to enroll in the New Large Load Direct Access Program and opt out of cost-of-service rates at the earlier of either: (a) A binding written agreement with the utility for eligible new load, or (b) One year prior to the expected starting date of the incremental load. (2) Section (1) of this rule is waived for the eligible New Large Load consumer that has entered into a written agreement with an electric company prior to September 30, 2018, indicating its intent to receive distribution service from an electric company and for which the electric company has not planned to provide generation supply service. (3) An electric company must charge New Large Load Direct Access participants a New Large Load Direct Access Service Transition Rate that recovers the following: (a) 20 percent of the fixed generation costs for five years; and (b) All reasonable costs of administering the New Large Load Direct Access Program. (4) Participants receiving service under the New Large Load Direct Access program must also pay an Existing Load Shortage Transition Adjustment on the sum of the Existing Load Shortage for the participant and the Existing Load Shortage of all of the participant’s affiliated consumers. (a) For purposes of this rule, “affiliated consumer” means a consumer, a controlling interest which is held by another consumer, engaged in the same line of business as the holder of the controlling interest. (b) For the purposes of this rule, “Existing Load Shortage” means the larger of zero or a consumer’s Average Historic Cost-of-Service Load plus Incremental Demand Side Management less the average Cost-of-Service Eligible Load during the previous 60 months. (c) The Existing Load Shortage Transition Adjustment is a charge or credit equal to: (A) 75 percent of fixed generation costs plus net variable power cost transition adjustments during the first five years after enrollment in the New Large Load Direct Access Program; and (B) 100 percent of fixed generation costs plus net variable power cost transition adjustments after the first five years of enrollment in the New Large Load Direct Access program. (5) A participant may be exempted from charges made under section (4) of this rule if the participant can demonstrate that the change in load in question is not due to load shifting activity. For purposes of this rule, “load shifting” means the relocation of facilities, equipment, processes, manufacturing, employees or any economic activity for the deliberate purpose of increasing load at locations participating in the New Large Load Direct Access Program from locations not subject to the New Large Load Direct Access Program. The electric company tariff must include provisions detailing procedures and requirements for a participant to make this demonstration. (6) A participant must also pay non-bypassable charges, in accordance with OAR 860-038-0170.