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Session Laws, 1999
Volume 796, Page 3045   View pdf image
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(2) ANY REVENUE FOREGONE OR COST INCURRED BY AN APPLICANT
ENCAGED IN AFFILIATE WHEELING MAY NOT BE RECOVERED FROM ANY OF THE
WHEELING COMPANY'S REMAINING NONWHEELING RETAIL ELECTRIC CUSTOMER
S,
INCLUDING ANY COST ATTRIBUTABLE TO AN ASSET OF THE WHEELING COMPANY OR
ELECTRIC COMPANY THAT IS IDLED BY AN AFFILIATE WHEELING ARRANGEMENT
UNDER THIS SUBTITLE.

(C) A RETAIL ELECTRIC CUSTOMER WHO RETURNS TO THE WHEELING
COMPANY'S SYSTEM SHALL HAVE THE SAME RIGHTS AND PRIVILEGE
S AS A NEW
ELECTRICITY SUPPLY CU
STOMER.

7-505.

AN ELECTRIC COMPANY OR WHEELING COMPANY MAY NOT:

(1) FRUSTRATE OR OTHERWISE INTERFERE WITH THE

IMPLEMENTATION OF THIS SUBTITLE, IN ANY MANNER, OR CONSTRAIN THE
EFFECTS OF COMPETITION ARISING FROM THIS
SUBTITLE TO SET THE PRICE OF
ELECTRICITY AT MARKET PRICE LEVEL
S RATHER THAN REGULATED PRICE LEVELS;
OR

(2) USE A COMMISSION DESIGNATED DISTRIBUTION TERRITORY OR
ORDER GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO
PROHIBIT OR PREVENT AFFILIATE WHEELING UNDER THIS SUBTITLE.

(A) AN APPLICANT MAY;

(1) APPEAL TO THE COMMISSION IF A WHEELING COMPANY DENIES A
REQUEST FOR AFFILIATE WHEELING; AND

(2) REQUEST REASONABLE INFORMATION, AS DETERMINED BY THE
COMMISSION, FROM THE POTENTIAL WHEELING COMPANY, INCLUDING
INFORMATION ABOUT AVAILABLE CAPACITY AND RELIABILITY OF THE WHEELING
COMPANY'S TRANSMI
SSION OR DISTRIBUTION SYSTEM UNDER VARIOUS
ASSUMPTIONS AND SCENARIOS.

(B) IF A WHEELING COMPANY DENIES A REQUEST FOR AFFILIATE WHEELING,
THE COMMISSION, ON REQUEST OF THE APPLICANT,
SHALL HOLD AN EVIDENTIARY
HEARING ON THE FAIRNESS OR REASONABLENES
S OF THE DENIAL.

(C) ALL REASONABLE INFORMATION REQUESTED UNDER SUBSECTION (A) OF
THIS SECTION SHALL BE PROVIDED TO THE APPLICANT BY THE WHEELING
COMPANY
;

(1) WITHIN 00 DAYS AFTER THE WHEELING COMPANY RECEIVES THE
APPLICANT'S REQUEST FOR INFORMATION; AND

(2) IN WRITTEN FORM.

(D) A WHEELING COMPANY BEARS THE BURDEN OF PROVING BY CLEAR AND
CONVINCING EVIDENCE TO THE COMMISSION:


 

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Session Laws, 1999
Volume 796, Page 3045   View pdf image
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