(1) THAT THERE IS A LACK OF TRANSMISSION OR DISTRIBUTION
FACILITY CAPACITY;

(2) THAT THE AFFILIATE WHEELING WOULD CAUSE A DETERIORATION
OF SYSTEM RELIABILITY THAT CANNOT REASONABLY BE REMEDIED; OR

(3) ANY OTHER FACTOR RELATING TO THE WHEELING COMPANY'S
INABILITY TO PROVIDE AFFILIATE WHEELING.

(E) THERE IS A REBUTTABLE PRESUMPTION UNDER THIS SUBTITLE THAT AN
ELECTRIC COMPANY'S TRANSMISSION OR DISTRIBUTION FACILITY HAS THE
CAPACITY TO PROVIDE FOR AFFILIATE WHEELING TO AN EXISTING CUSTOMER OR
LOAD.

7-507.

(A) A RETAIL ELECTRIC CUSTOMER WHO CHOOSES TO LEAVE AN ELECTRIC
COMPANY AND OBTAIN ELECTRICITY FROM ANOTHER SOURCE THROUGH AN
AFFILIATE WHEELING ARRANGEMENT RETAINS ALL RIGHTS AND OBLIGATIONS TO
TRANSMISSION OR DISTRIBUTION CAPACITY AND FACILITIES ALLOCATED TO THAT
CUSTOMER BY THE ELECTRIC COMPANY BEFORE IMPLEMENTATION OF AN
AFFILIATE WHEELING ARRANGEMENT.

(B) THE COMMISSION SHALL ORDER THE CONSTRUCTION OF NEW
TRANSMISSION OR DISTRIBUTION FACILITIES OR APPROPRIATE MODIFICATIONS OF
EXISTING TRANSMISSION OR DISTRIBUTION FACILITIES THAT THE COMMISSION
CONSIDERS SUFFICIENT AND NECESSARY TO FACILITATE AFFILIATE WHEELING.

(C) THE COMMISSION SHALL DETERMINE THE APPROPRIATE ALLOCATION OF
THE COST OF ANY NEW TRANSMISSION OR DISTRIBUTION FACILITIES, TAKING INTO
CONSIDERATION THE USE, PURPOSE, AND TIME NECESSARY TO PLACE NEW
TRANSMISSION OR DISTRIBUTION FACILITIES IN COMMERCIAL OPERATION AND BE
MADE AVAILABLE BY THE WHEELING COMPANY FOR USE BY THE APPLICANT.

7-508.

(A) A RETAIL ELECTRIC CUSTOMER WHO CHOOSES TO CEASE PURCHASING OF
ELECTRICITY FROM AN ELECTRIC COMPANY AND REPLACE THAT PURCHASE OF
ELECTRICITY WITH AN AFFILIATE WHEELING ARRANGEMENT SHALL NOTIFY THE
ELECTRIC COMPANY IN WRITING UP TO 6 MONTHS BEFOREHAND, OR AS SPECIFIED
IN A WRITTEN CONTRACT BETWEEN THE ELECTRIC COMPANY AND THE RETAIL
ELECTRIC CUSTOMER, WHICHEVER IS GREATER.

(B) THE NOTIFICATION PERIOD OF SUBSECTION (A) OF THIS SECTION MAY BE
SUPERSEDED BY LEGISLATION ON ELECTRIC UTILITY INDUSTRY RESTRUCTURING
THAT SPECIFIES STANDARD NOTIFICATION PERIODS FOR CHANGING ELECTRICITY
SUPPLIERS.

(C) NOTIFICATION GIVEN UNDER SUBSECTION (A) OF THIS SECTION MAY NOT
ABROGATE AN EXISTING CONTRACT BETWEEN A RETAIL ELECTRIC CUSTOMER AND
AN ELECTRIC COMPANY.