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STATE OF MAINE
PUBLIC UTILITIES COMMISSION Docket No. 2003-67
February 6, 2003
ORDER GRANTING WAIVER
On January 31, 2003, Maine Electric Consumer Cooperative (MECC) filed a request for a waiver of the opt‑out fee provisions of Chapter 301 (section 2(c)(2)). MECCís request is on behalf of The Birches Resort, an MGS customer of Central Maine Power Company (CMP). As described in the MECC filing, The Birches had a two-year contract through MECC that ran through September 2002. The contract was originally with Enron Energy Services, but was assigned to Constellation in June 2002. The Birches signed a contract with a new supplier in late August, but the timing of the contract execution and subsequent enrollment process were such that enrollment did not occur until The Birchesí November meter-read date. As a result, The Birches dropped to standard offer service for one month, triggering the opt-out fee provisions when it re-entered the market in November. Records provided by CMP confirm the above facts.
In its Order adopting changes to the opt-out fee provisions of Chapter 301, the Commission stated that waivers would be appropriate if the default to standard offer service was beyond the customerís control or otherwise not related to gaming the standard offer service. Order Adopting Rule and Statement of Factual and Policy Basis, Docket No. 2000-904 at 4 (Jan. 24, 2001). The Birches Resortís default to the standard offer was not related to gaming, but was the result of the timing for contract execution and enrollment. The customer received standard offer service for only one month, and has now returned to the competitive market. Section 10 of Chapter 301 allows the Director of Technical Analysis to grant waivers that are not inconsistent with the purposes of the rule. I find that granting this request that the opt-out fee be waived is not inconsistent with the purpose of the fee. Therefore, the request by MECC for a waiver of the opt-out fee applicable to The Birches Resort account is hereby granted.
BY ORDER OF THE DIRECTOR OF TECHNICAL ANALYSIS