A Coalition of Energy Service Providers (including Enron's retail coalition 
-- Alliance for Retail Energy Markets) and customer groups (including some of 
Enron's large customers) have prepared this language and submitted it to 
Senator Debra Bowen.  



Strike the last two sentences of Section 80110 that currently reads:



Insert the following language at the end of Section 80110:

The commission shall implement subscription protocols for the power supplied 
by the department in accordance with the following:
a) The right of residential and small commercial customers to elect an 
alternate provider for retail service shall not be restricted by this section.
b) The right of large commercial and industrial customers to elect service 
from an alternate provider for retail service shall not be limited until such 
time as the department has fully satisfied the net short position of the 
respective electrical corporation with long-term contracts.  The department 
shall provide public notice when the department has fully satisfied the net 
short position of an electrical corporation.  This event shall be deemed to 
be the close of the initial subscription period for the applicable electrical 
corporation.
c) If, after the initial subscription period has closed, a large commercial 
or industrial customer elects to leave the department service, the department 
may impose a fee equal to the incremental costs imposed on the portfolio that 
are directly related to the load of the departing customer.
d) Upon conclusion of the initial subscription period, the department shall 
notify all large commercial and industrial customers no less than six months 
in advance of the lapse of any long-term contract.  Upon such notice large 
commercial and industrial customers shall have the right to elect an 
alternate provider without being subject to the surcharge set forth in 
sub-section (c).  This event shall be deemed to be an open subscription 
period and shall remain in effect until such time as the aggregated demand of 
all customers electing an alternative provider exceeds the capacity of the 
lapsing contract.  This event shall be deemed to be an open subscription 
period.
e) If a large commercial or industrial customer requests service from the 
department after the initial subscription period or outside of an open 
subscription period, the department may impose a fee equal to the incremental 
costs imposed on the portfolio that are directly related to the load of the 
returning customer, taking into account prospects for load growth in its 
customer base, compared to the total value of the portfolio of energy used to 
serve the customer.  
f) Customers that have elected to take service from the department after the 
initial subscription period or outside of an open subscription period shall 
be required to take service from the department for a minimum of one year.
g) Any new customer to the service territory of an electrical corporation 
shall have the opportunity to elect service from the department without being 
subject to sub-section (e).
h) Any new customer shall have the opportunity to elect service from an 
alternative provider during the first 120 days from the date of service 
initiation without being subject to sub-section (c).
i) For purposes of this section, residential and small commercial customers 
shall be defined as customers with demands less than 100 kW.
j) For purposes of this section, commercial and industrial customers shall be 
defined as customers with demands equal to or greater than 100 kW.
k) For purposes of this section, a long-term contract shall be defined as a 
contract for energy greater than or equal to one-year in length.
l) For purposes of this section, incremental costs shall be defined as the 
costs that the department cannot reasonably avoid until such time as one or 
more long-term contracts expire