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Status of State Electric Industry Restructuring Activity -- As of February 2003

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Status of State Electric Industry Restructuring Activity -- As of February 2003 Status of State Electric Industry Restructuring Activity -- as of February 2003 -- (February 2003 was the last update. No further updates are currently planned) Status of State Retail Access Timeline (Click on a State below to see Restructuring Activity Customer Participation in Retail Access Current Restructuring Status) Table Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming This site provides an overview of the status of electric industry restructuring in each state. Twenty-four states and the District of Columbia have either enacted enabling legislation or issued a regulatory order to implement retail access. The local distribution company continues to provide transmission and distribution (delivery of energy) services. Retail access allows customers to choose their own supplier of generation energy services, but each state's retail access schedule varies according to the legislative mandates or regulatory orders. The information in the “Status of State Electric Industry Restructuring Activity Map” was gathered from state public utility commissions, state legislatures, and utility company web pages. The state activity map is coded by color to indicate each state's restructuring progress. Purple colored states are active in the restructuring process, and these states have either enacted enabling legislation or issued a regulatory order to implement retail access. Retail access is either currently available to all or some customers or will soon be available. Those states are Arizona, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, and Virginia. In Oregon, no customers are currently participating in the State's retail access program, but the law allows nonresidential customers access. Yellow colored states are not actively pursuing restructuring. Those states are Alabama, Alaska, Colorado, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Nebraska, North Carolina, North Dakota, South Carolina, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming. In West Virginia, the Legislature and Governor have not approved the Public Service Commission's restructuring plan, authorized by HB 4277. The Legislature has not passed a resolution resolving the tax issues of the PSC's plan, and no activity has occurred since early in 2001. A green colored state signifies a delay in the restructuring process or the implementation of retail access. Those states are Arkansas, Montana, Nevada, New Mexico, and Oklahoma. California is the only blue colored state because direct retail access has been suspended. Each state has a link to several tables dedicated to summarizing regulatory orders, legislation, investigative studies, retail access, stranded costs, public benefits programs, pilot programs, and any additional information. The information is updated on a monthly basis, and gathered from a variety of sources including the state legislatures, public utility commissions, state energy commissions, Office of the Governor, and news agencies. Source: Energy Information Administration. CONTACT Ms. Channele Carner Email: [email protected] Phone: (202) 287-1928 Status of State Electric Industry Restructuring Activity Timeline as of February 2003 Legislative Access for Access for Full Retail Enactment/ Commercial State Residential Access for All Comments Regulatory and Industrial * Customers Customers Order Customers Arizona 1 House Bill December December January 1, 2663 1998 1998 2001 (5/29/98) and Regulatory Settlement Orders Arkansas Senate Bill October 1, October 1, October 1, Rescheduled from original start date 236 2003 2003 2005 of October 2002 (2/20/01) California 2 Assembly March 31, March 31, March 31, Initially, retail access was due to start Bill 1890 1998 1998 1998 on January 1, 1998, but was delayed (9/23/96) until March 31, 1998. On September 20, 2001, the provisions of AB 1890 concerning retail access were suspended. Connecticut 3 House Bill January 1, January 1, July 1, 2000 5005 2000 2000 (4/29/98) Delaware 4 House Bill October 1, October 1, April 1, 2001 10 (3/31/99) 2000 1999 District of PSC Order January 1, January 1, January 1, Columbia 11796 2001 2001 2001 (9/18/00) Illinois House Bill May 1, 2002 October 1, May 1, 2002 HB 362 provides for retail access, but 362 1999 SB 24 extends the effective (12/16/97) implementation date. and Senate Bill 24 (6/30/99) Maine Legislative March 1, 2000 March 1, 2000 March 1, 2000 Directive 1804 (5/29/97) Maryland Senate Bill July 1, 2000 July 1, 2000 July 1, 2002 300 (4/8/99) Massachusetts House Bill March 1, 1998 March 1, 1998 March 1, 1998 5117 (11/25/97) Michigan 5 Senate Bills January 1, January 1, January 1, 937 and 2002 2002 2002 1253 (6/3/00) and Regulatory Settlement Orders Montana Senate Bill July 1, 2004 July 1, 2004 July 1, 2004 Under SB 390, retail access was to 390 (5/2/97) be fully implemented by July 1, 2002. It has since been rescheduled until July 1, 2004. Nevada Assembly Not Permitted Between April Mid-2002 for AB 369 suspended the provisions of Bills 366 Under Law 2002 and June Commercial AB 366 indefintely for residential (7/16/97), 2002 and Industrial customers, and AB 661 allowed large 369 Customers commercial and industrial consumer (4/18/01), Only access in mid-2002. and 661 (7/17/01) New House Bill July 1, 1998 to July 1, 1998 to May 1, 2001 There were legal impediments which Hampshire 6 1392 May 1, 2001 May 1, 2001 delayed the process. (5/21/96), PUC Orders (2/28/97), Senate Bill 472 (5/17/00), PUC Orders (9/8/00) New Jersey Assembly November 14, November 14, November 14, Procedural issues delayed Bill 1999 1999 1999 implementation from the original start 10/Senate date of August 1, 1999. Bill 5 (2/9/99) and BPU Order (7/7/99) New Mexico Senate Bill January 1, July 1, 2008 July 1, 2008 SB 266 delayed the provisions of SB 428 (4/8/99) 2007 428 until January 1, 2007 and July 1, and Senate 2008. Bill 266 (3/8/01) New York PSC Order May 1, 1998 to May 1, 1998 to July 1, 2001 Implementation varies for each (5/20/96) July 1, 2001 July 1, 2001 investor-owned utility. Ohio Senate Bill January 1, January 1, January 1, 3 (7/6/99) 2001 2001 2001 Oklahoma Senate Bill Implementation Implementation Implementation SB 440 delays the provisions of SB 500 Delayed Delayed Delayed 500 indefinitely. Under SB 500, retail (4/25/97) Indefinitely Indefinitely Indefinitely access would have begun on July 1, and Senate 2002. Bill 440 (5/22/01) Oregon Senate Bill Not Permitted March 1, 2002 March 1, 2002 HB 3633 delayed the provisions of 1149 Under Law for Commercial SB 1149 and the PUC order (7/23/99) and Industrial implementing retail access from and PUC Customers October 1, 2001 until March 1, 2002. Order Only Subject to some reservations. (8/29/00) and House Bill 3633 (6/21/01) Pennsylvania House Bill January 1, January 1, January 1, 1509 1999 1999 2000 (12/3/96) Rhode Island House Bill July 1, 1997 July 1, 1997 January 1, 8124 1998 (8/7/96) Texas Senate Bill July 31, 2001 July 31, 2001 January 1, The pilot program was delayed from 7 (5/27/99) 2002 its original start date of June 1, 2001 to allow the Electric Reliability Council of Texas time to complete its operational procedures. Virginia Senate Bill January 1, January 1, January 1, 1269 2002 - January 2002 - January 2004 (7/1/99) 1, 2004 1, 2004 West Virginia 7 House Bill The West The West The West HB 4277 authorized the PSC to 4277 Virginia Virginia Virginia submit a plan for the legislature's (3/14/98) Legislature has Legislature has Legislature has approval. However, the PSC plan has and PSC not passed not passed not passed not been enacted pending resolution Plan necessary necessary necessary of tax issues affecting the electric (12/20/99) legislation to legislation to legislation to utility industry. implement implement implement retail access retail access retail access Date in parentheses reflects either the date of the legislative enactment or the date on which the regulatory order was issued. Refer to respective Commission websites for full details. 1 ARIZONA: Salt River Project opened 20 percent of its service territory to retail competition in December 1998, and full retail competition by June 2000. Arizona Public Service Company opened 20 percent of its retail load to competition on October 1999. Tucson Electric Power opened 20 percent of its retail load to competition on January 1, 2000. 2 CALIFORNIA: On September 20, 2001, the California Public Utilities Commission suspended retail access. 3 CONNECTICUT: 35 percent of customers will be able to choose an alternate supplier by January 1, 2000 and 100 percent by July 1, 2000. 4 DELAWARE: The PSC ordered that the start dates for Conectiv Power residential customers was October 1, 2000, for large customers October 1, 1999, and for medium customers January 15, 2000. Delaware Electric Cooperative's residential and small business customers were eligible on April 1, 2001. 5 MICHIGAN: All customers of Detriot Edison and Consumers Energy, as well as cooperative customers with a peak load of 1 MW or more, will have retail access to alternative suppliers by January 1, 2002. According to Public Act 141, cooperatives are not required to offer retail access before January 1, 2005 or unbundle its rates before July 1, 2004.
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