D.C. Mun. Regs. tit. 15, § 4102
4102.1 The Electric Company shall procure full requirements service to meet its SOS obligations using a competitive wholesale procurement process described in this chapter, as amended from time to time, for each SOS Customer Group (as those SOS Customer Groups are defined in Section 4102.3), until the Commission orders, following the major policy review outlined in Section 4102.2 below, that an alternative SOS procurement process shall be implemented.
4102.2 The Commission will conduct a review of the Electric Company's SOS program every other year, beginning in 2010, to make any appropriate adjustments to SOS as competitive developments in the District of Columbia change. All adjustments shall be prospective and all contracts entered into prior to these changes shall remain in full force and effect pursuant to the contract terms.
4102.3 The Electric Company shall establish three (3) groups of customers ("SOS Customer Groups"):
(a) Residential Customers shall include customers served under Electric Company Rate Schedules: R, AE, R-TM, R-TM-EX, RAD, and Master Metered Apartment customers, subject to any revisions made to those tariff sheets made by the Commission;
(b) Small Commercial Customers shall include the customers served under Electric Company Rate Schedules: GS-LV non-demand, GS-3A non-demand, T, SL, TS, TN and SL-TN, subject to any revisions made to those tariff sheets made by the Commission; and
(c) Large Commercial Customers shall include all commercial customers except those defined as Small Commercial customers.
4102.4 The Electric Company shall issue Requests For Proposals ("RFPs") to competitive wholesale bidders for contracts for the supply of SOS in order to maintain the following contract term balances for the various customer portfolios:
(a) Residential Customers: The Electric Company shall solicit fixed-price offers for terms of one year, two years, or three or more years. The Electric Company's portfolio shall contain contracts such that three or more year offers comprise at least forty percent (40%) of each year's portfolio, unless the Commission has directed the Electric Company to solicit fixed-price offers based on a different mix of terms. The Electric Company and other parties may propose alternative portfolios of supply options for consideration by the Commission. The Electric Company shall compile a portfolio of conforming offers consistent with the mix of terms determined by the Commission. The Electric Company shall select conforming offers to meet the Commission's percentage target(s) in
accordance with the evaluation provision included in the RFP. The final contract mix should include contracts of at least three years for no less than forty percent (40%) of the total load.
(b) Small Commercial Customers: The Electric Company shall solicit fixed price offers for Wholesale Full Requirements Service for some combination of one, two, and three or more year terms. The Electric Company shall compile a portfolio of one, two, and three or more year terms conforming offers such that at least forty percent (40%) of the load will be served under contracts of three or more year terms. The Electric Company shall select one, two, and three or more year conforming offers to meet this percentage target in accordance with the evaluation provision included in the RFP. The Electric Company and other parties may propose an alternative portfolio of supply options for consideration by the Commission; and
(c) Large Commercial Customers: The Electric Company shall solicit fixed price offers for Wholesale Full Requirements Service for one and/or two year terms.
4102.5 The Electric Company shall continue to solicit offers for Wholesale Full-Requirements Service for each SOS Customer Group until the Commission orders otherwise, subsequent to Commission review of the SOS procurement process.
4102.6 The Electric Company shall solicit wholesale bids for SOS supply using the existing rate structures of its existing rate classes. Nothing herein, however, precludes the Electric Company from filing for a different rate structure for any rate schedule or SOS Customer Group, subject to Commission review and approval, and provided that any such changes, adjustments, alterations, or modifications do not change or impact existing WFRSAs.
Source: Final Rulemaking published at 56 DCR 5404, 5406 (July 3, 2009).