4105.1 SOS shall be provided to any customer who purchases a new service within the District of Columbia and who does not obtain electric generation service from an alternative retail electricity supplier at that time. There shall be no fee for a customer to establish SOS in this manner.

4105.2 Any customer taking service from a competitive retail electricity supplier may terminate service with the electricity supplier and elect SOS upon notice to the Electric Company as required by Section 4105.9.

4105.3 Any customer taking service from a retail electricity supplier who defaults may terminate service with the defaulting electricity supplier upon notice to the Electric Company as required by Section 4105.9.

4105.4 Any customer who is slammed or switched to a competitive supplier by mistake can terminate service with the competitive supplier upon notice to the Electric Company as required by Section 4105.9, and such customer shall be returned to the service that the customer was receiving prior to being slammed or the mistake occurring as if the slamming or the mistake had not occurred.

4105.5 All residential customers shall be eligible to switch from SOS to competitive suppliers and return to SOS without restrictions.

4105.6 If a non-residential customer who has elected to purchase generation services from an alternative supplier subsequently returns to SOS, such non-residential customer shall be obligated to remain on SOS for a minimum term of 12 months, provided, that in the case of a non-residential customer who returns to SOS as a result of a default by that non-residential customer's alternative supplier, such non-residential customer may within a grace period of three full billing cycles thereafter elect to purchase or contract for generation services from another alternative supplier or elect to receive service from the Electric Company at Market Price Service rates. A supplier default occurs when the PJM Interconnection L.L.C. has notified PJM members that the supplier is in default.

4105.7 An Electric Company customer who ceases to receive generation services from an alternative supplier may elect to receive service from the Electric Company at Market Price Service rates rather than Standard Offer Service rates. The minimum stay provisions stated in Section 4105.6 shall not apply to customers receiving service under Market Price Service rates. The Market Price Service rates shall be set in accordance with a tariff previously filed and approved by the Commission. The tariff shall contain a formula that reflects only the following components, or their functional equivalents in the future: the PJM locational marginal price for energy for the Electric Company zone, the PJM posted and verifiable market capacity price, transmission, ancillary services, line losses,

appropriate taxes and a fixed retail adder of x mills per kWh. (The amount of the retail adder will be determined in the administrative cost proceeding.) The Market Price Service rates may vary by customer class and reflect actual costs. The floor price for Market Price Service rates will be the applicable Standard Offer Service rates.

4105.8 The contract provisions and exit fees of the competitive electricity suppliers remain valid and shall be enforced before a customer will be permitted to switch to the SOS supplier or another competitive electricity supplier.

4105.9 Notice of Transfers; Transfer of Service; Bill Calculation:

(a) Notice of Transfer into SOS: A customer who intends to transfer into SOS shall do so by notifying the Electric Company or by canceling service with its competitive electricity supplier.

(b) Transfer into SOS: If the customer notifies the Electric Company no less than 17 days before the customer's next normally scheduled meter read date, the Electric Company shall transfer the customer on the customer's next meter read date. Otherwise, transfer will occur on the following meter read date. The Electric Company shall accommodate the request to the greatest extent practicable.

(c) Notice of Transfer out of SOS: Notice that a SOS customer will terminate SOS and obtain service from a competitive electricity supplier shall be provided to the Electric Company by the customer's competitive electricity retail supplier pursuant to Chapter 3 of Title 15 of the District of Columbia Municipal Regulations; and

(d) Transfer out of SOS: If the alternative electricity supplier notifies the Electric Company no less than 17 days before the customer's next meter read date, the Electric Company shall transfer the customer on the customer's next meter read date. Otherwise, transfer will occur on the subsequent meter read date.

Source: Final Rulemaking published at 56 DCR 5404, 5411 (July 3, 2009).