56-585 - Default service.

§ 56-585. Default service.

A. The Commission shall, after notice and opportunity for hearing, (i)determine the components of default service and (ii) establish one or moreprograms making such services available to retail customers requiring themduring the availability throughout the Commonwealth of customer choice forall retail customers as established pursuant to § 56-577. For purposes ofthis chapter, "default service" means service made available under thissection to retail customers who (i) do not affirmatively select a supplier,(ii) are unable to obtain service from an alternative supplier, or (iii) havecontracted with an alternative supplier who fails to perform. Availability ofdefault service shall expire upon the expiration or termination of cappedrates.

B. A distributor shall have the obligation and right to be the supplier ofdefault services in its certificated service territory, and shall do so, in asafe and reliable manner, at rates determined pursuant to subsection C;however, the Commission may not require a distributor, or affiliate thereof,to provide any such services outside the territory in which such distributorprovides service.

C. Until the expiration or termination of capped rates, the rates for defaultservice shall equal the capped rates established pursuant to subdivision A 2of § 56-582.

D. A distribution electric cooperative, or one or more affiliates thereof,shall have the obligation and right to be the supplier of default services inits certificated service territory. A distribution electric cooperative'srates for such default services shall be the capped rate for the duration ofthe capped rate period. Subsections B and C shall not apply to a distributionelectric cooperative or its rates. Such default services, for the purposes ofthis subsection, shall include the supply of electric energy.

(1999, c. 411; 2000, c. 991; 2001, c. 748; 2003, c. 885; 2004, c. 827; 2007,cc. 888, 933.)