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Subject 515-7-4 RANDOM ASSIGNMENT OF CUSTOMERS

Rule 515-7-4-.01 Definitions

As used in this Utility Rule 515-7-4, the following terms shall have the following definitions:

(a) "Act" means the Natural Gas Competition and Deregulation Act as provided for in O.C.G.A. § 46-4-150et seq.
(b) "Adequate market conditions" means the existence of market conditions in relation to distribution service within a particular delivery group that have been determined pursuant to subsection (b) of O.C.G.A. § 46-4-156 to warrant customer assignment.
(c) "Affiliate" means another person that controls, is controlled by, or is under common control with such person.
(d) "Commission" means the Georgia Public Service Commission.
(e) "Customer assignment" means the process described in subsection (e) of O.C.G.A. § 46-4-156 whereby firm retail customers within a particular delivery group who are not under contract for distribution service from a marketer are randomly assigned.
(f) "Delivery group" means a set of individual delivery points on one or more interstate pipeline suppliers to a gas company that may be aggregated and utilized for the distribution of gas to a particular set of retail customers.
(g) "Distribution group" means the delivery of natural gas by and through the intrastate instrumentalities and facilities of a gas company or of a person certificated pursuant to O.C.G.A. § 46-4-153, regardless of the party having title to the natural gas.
(h) "Electing distribution company" means a gas company that elects to become subject to the provisions of the Act and satisfies the requirements of O.C.G.A. § 46-4-154.
(i) "Firm" means a type of distribution service that ordinarily is not subject to interruption or curtailment.
(j) "Gas" means natural gas.
(k) "Gas company" means any person to whom a certificate of public convenience and necessity has been issued by the Commission to acquire, own, operate, or construct any intrastate pipeline distribution system, or any extension thereof, for the sale of natural gas.
(l) "Market share" means number of firm customers.
(m) "Marketer" means any person certificated by the Commission to provide commodity sales service or distribution service pursuant to O.C.G.A. § 46-4-153 or ancillary services incident thereto.
(n) "Person" means any corporation, whether public or private; company; individual; firm; partnership; or association.
(o) "Retail customer" or "retail purchaser" means a person who purchases commodity sales service or distribution service and such purchase is not for the purpose of resale.

Rule 515-7-4-.02 Commission Authority

Consistent with Official Code of Georgia Annotated (O.C.G.A.) § 46-4-156, the Commission is required to authorize regulations prescribing a methodology to randomly assign to marketers within a delivery group those firm retail customers who have not otherwise contracted for distribution service from another marketer. The Official Code of Georgia Annotated § 46-4-156 also requires that the methodology prescribed by the Commission must further provide that the percentage of such firm retail customers assigned to a given marketer shall be based upon the percentage at the time of such assignment of all firm retail customers within the delivery group served by said marketer.

Rule 515-7-4-.03 Customer Notification

(1) Within five (5) days after the filing of a Commission order containing a determination that adequate market conditions exist in a delivery group as contemplated by O.C.G.A. § 46-4-156(b), the gas company providing firm distribution service in that delivery group shall submit to the Commission a proposed form on which it intends to provide notification to customers pursuant to Section 46-4-156(e).
(2) The Commission will either approve the notification form as submitted or prescribe the appropriate changes within five (5) days thereafter.
(3) At the same time, the proposed form of notice as required pursuant to part (1) of this rule is submitted, the gas company shall submit a statement explaining how and when it will send the Commission approved notice to its customers.

Rule 515-7-4-.04 Customer Assignment Methodology

For each delivery group, the following methodology will be employed to determine the number of retail customers to be randomly assigned to a particular marketer: the marketer's total market share on the onehundredth (100th) day following the filing of the Commission's order shall be divided by the total market share served by all marketers on the one-hundredth (100th) day following the filing of the Commission's order and multiplied by the total number of customers in a particular delivery group that have not contracted with a marketer.

Rule 515-7-4-.05 Implementation of the Random Assignment Procedure

(1) With Commission oversight, the electing distribution company shall perform an automated procedure for randomly assigning the unassigned customers to certificated marketers, based on the allocation methodology of Commission Rule 515-7-4-.04.
(2) Within five (5) days of the issuance of a Commission Order determining that adequate market conditions exist in a delivery group, the electing distribution company shall file with the Commission a date certain schedule for the random assignment process, including the proposed date upon which marketers will begin serving randomly assigned customers consistent with the Commission approved electing distribution company's tariff, operations and automated systems. Within five (5) days of receiving the schedule for the random assignment process, the Commission will either approve or modify the proposed schedule.
(3) During the first one hundred (100) days after the Commission has issued an order that includes a determination that adequate market conditions exist within a delivery group, the EDC providing firm delivery service in that delivery group shall provide to Commission Staff on a monthly basis the number of customers served by each certificated marketer serving that delivery group and the number of unassigned customers for the delivery group. The electing distribution company shall also provide the same information to each marketer concerning the number of customers served by the marketer and number of unassigned customers in the delivery group.
(4) The automated random assignment procedure performed by the electing distribution company shall incorporate the following processes:
(a) On the one hundred and fifth (105th) day following the Commission's determination of adequate market conditions within a delivery group, the electing distribution company shall create the list of customers within the delivery group, consistent with O.C.G.A. 46-4-156. The list shall be in a sequence randomly generated by delivery group (the "Random Assignment List").
(b) The Commission shall, by random selection, place all marketers serving the delivery group in a sequential list (the "Random Marketer List").
(c) The Commission shall determine the total number of customers to be assigned to a specific marketer by use of the formula set forth in Commission Rule 515-7-4-.04.
(d) The EDC shall conduct the process of assignment by selecting the first marketer from the Random Marketer List and assigning to the marketer the appropriate number of customers as determined above by selecting said number of customers in sequence starting from the beginning of the Random Customer Assignment List. The electing distribution company shall follow this procedure for each marketer on the Random Marketer List in sequence until all customers have been assigned.
(e) The electing distribution company shall issue the final assignment of customers on or before the one-hundred and twentieth (120th) day following the Commission's determination that adequate market conditions exist for the delivery group.
(5) Within five (5) days following the automated random assignment procedure, the electing distribution company shall provide an electronic listing to each marketer of customer information for the customers assigned to that marketer and provide the same information to the Commission.
(6) Within fifteen (15) days of receipt of the customer information in Commission Rule 515-7-4-.05(5) each marketer shall provide a written notice of assignment to such customers, including its proposed terms and conditions of service for assigned customers.
(a) The assignment notice shall include the following information:
1. A statement that the notice should be disregarded if the customer has contracted with another marketer;
2. A statement that random assignment is a result of the Natural Gas Competition and Deregulation Act;
3. The marketer's proposed terms and conditions of service in clear and plain language;
4. The marketer's address and toll-free (required) and local (if applicable) telephone number;
5. A statement that the customer has the right to switch to another marketer at any time (in conformance with Atlanta Gas Light Company's tariff), unless a term contract is signed;
6. A statement that the customer will be served on a month to month basis until the customer signs any applicable term contracts;
7. A statement that the customer is allowed to cancel any applicable contract without penalty within 48 hours of signing it, pursuant to Commission Rule 515-7-3-.03(2)(f)(i)(d)1;
8. A statement that the customer is allowed to cancel any applicable contract without penalty if the customer relocates out of its current delivery group, pursuant to Commission Rule 515-7-3 - .03(2)(f)(i)(d)2; and
9. The EDC's gas leak/emergency toll-free telephone number.
(b) All marketers shall submit draft notices to the Commission on the ninetieth (90th) day following the Commission Order determining that adequate market conditions exist.
(c) The Commission will either approve or modify submitted assignment notice by the one hundred and tenth (110th) day following the Commission Order determining that adequate market conditions exist.
(7) The electing distribution company may perform subsequent random assignment processes within ninety (90) days of the Random Assignment process performed pursuant to Commission Rule 515-7-4-.05(4) for any customers that could not be assigned pursuant to the Random Assignment procedure.

Rule 515-7-4-.06 Assignment Notices to Customers

Within forty-five (45) days and again within eighty (80) days after the Commission has issued an Order determining that adequate market conditions exist in a delivery group, the EDC providing distribution service in that delivery group shall send a notice regarding the Commission's Order to each and every retail customer receiving firm distribution service of commodity sales service from the EDC within such delivery group. The notice shall include the information required by O.C.G.A. § 46-4-156(e) and the following additional information:

(a) Statement that Random Assignment is a result of the Natural Gas Competition and Deregulation Act, and the status of the customer as of the one hundredth (100th) day following a Commission Order will determine whether that customer is randomly assigned, and that the notice should be disregarded if the customer has contracted with any marketer;
(b) Statement that the customer may select a marketer prior to the 100th day after the date of the Commission's Order to contract with any other marketer, and if the customer does so, the new contract will supersede the assignment before the assignment becomes effective;
(c) Statement that customers may elect to change to a different marketer after they have been randomly assigned; and
(d) List of all marketers certificated in the delivery group, the respective toll-free and local (if applicable) telephone number for those marketers, as well as their e-mail address or Internet web-sites with the direction that information concerning service from marketers may be obtained at those locations or phone numbers.

Rule 515-7-4-.07 Subsequent Filings

(1) Within fifteen (15) days following the random assignment process, the EDC shall file with the Commission a final listing of the number of customers and the associated dedicated design day capacity randomly assigned to each marketer.
(2) On an annual basis, the EDC shall file with the Commission a report detailing the following for all competitive delivery groups:
(a) The total number of customers by customer class served by each marketer within the delivery group;
(b) The total design day load for the delivery group served by each marketer.
(3) Information provided by the EDC pursuant to Commission Rule 515-7-4-.07 may be filed under the Commission's Rule governing trade secrets.

Rule 515-7-4-.08 Random Assignment Upon a Marketers Withdrawal from Market

Upon a certificated marketer's voluntary or involuntary withdrawal from the market, the EDC shall perform a random assignment process consistent with Commission Rule 515-7-5-.05 for the customers served by that marketer that do not elect service from a different marketer, pursuant to a schedule established by the Commission.

Rule 515-7-4-.09 Repealed