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THE DETROIT EDISON COMPANY |
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RETAIL OPEN ACCESS PROGRAM This rule is intended to promote fair competition and a level playing field among all participants involved in the Retail Open Access Service program within The Detroit Edison Company’s ("Detroit Edison") regulated electric service territory. All affiliates of DTE Energy will be allowed to participate in every aspect of such program on an equal basis to non-affiliates because of Detroit Edison’s decision to adopt these standards of conduct. Accordingly, Detroit Edison agrees to apply the following standards of conduct to the Retail Open Access Service program in its regulated electric service territory: |
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A. These Standards of Conduct shall apply to Detroit Edison and the affiliates of DTE Energy participating in the Retail Open Access Service program. |
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B. Detroit Edison will apply any tariff provision relating to Retail Open Access Service in the same manner without undue discrimination to all similarly situated persons. |
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C. Detroit Edison will not give any Aggregator, Broker, Marketer or AES or their customers undue preference over any other Aggregator, Broker, Marketer or AES and their customers in matters relating to scheduling of power, provision of ancillary services, billing, metering, curtailment policy or access to customer information pursuant to the Retail Open Access Rate Schedules approved by the MPSC. Affiliated Aggregators, Brokers, Marketers, AESs and their customers shall neither receive undue preferences nor be discriminated against, but simply be treated by Detroit Edison like all other Aggregators, Brokers, Marketers, AESs and their customers. |
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D. Detroit Edison will not communicate to any of its retail electric customers, or to any Aggregator, Broker, Marketer or AES that any advantage may accrue to such customers, Aggregator, Broker, Marketer or AES in the use of Detroit Edison’s regulated services as a result of that customer, Aggregator, Broker, Marketer or AES dealing with any particular Aggregator, Broker, Marketer or AES, including an affiliated Aggregator, Broker, Marketer or AES. |
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E. To the extent practicable, Detroit Edison will process all similar requests for Retail Open Access Service in the same manner and within the same period of time. |
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F. If a Customer requests information about Aggregators, Brokers, Marketers or AESs, Detroit Edison will provide a list of all Aggregators, Brokers, Marketers or AESs known to be operating on its system, including DTE Energy affiliates, and in response to such a request will not promote any specific Aggregators, Brokers, Marketers or AESs including DTE Energy affiliates participating in the Retail Open Access Service program. |
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G. Detroit Edison shall not provide customer lists, customer-specific sales volumes and customer-specific patterns of usage to any Aggregator, Broker, Marketer or AES, including affiliated Aggregators, Brokers, Marketers or AESs offering retail customers power supplies at market prices. Once a calendar year a Customer can request in writing that up to 12 months of historic volumetric sales data be provided to a particular Aggregator, Broker, Marketer or AES or to all Aggregators, Brokers, Marketers or AESs, and that request will be honored by Detroit Edison without charge until revoked by the Customer. Additionally, once a calendar year a particular Aggregator, Broker, Marketer or AES can request and receive up to 12 months of historic volumetric sales data for one of its current customers and Detroit Edison may without charge provide only that Aggregator, Broker, Marketer or AES with such data. Detroit Edison can levy a reasonable fee to fill requests for data that is more than 12 months old or to respond to requests made more frequently than once a calendar year. |
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H. Detroit Edison will implement its Retail Open Access Service program on a nondiscriminatory basis, and will not engage in any practice which unduly conditions transactions between any Customer, Aggregator, Broker, Marketer or AES and Detroit Edison’s affiliated Aggregators, Brokers, Marketers or AESs. Notwithstanding the above, Customers, Aggregators, Brokers, Marketers or AESs are not relieved of complying with the requirements to execute or complete the contracts, agreements or other forms required by the terms of the Retail Open Access Service program. |
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I. Except as permitted by these standards of conduct, Detroit Edison’s transmission and distribution employees and the employees of DTE Energy affiliates that act as Aggregators, Brokers, Marketers and AESs offering retail customers power supplies at market prices will function independently of each other. Detroit Edison will maintain separate business offices from any DTE Energy affiliate engaged in the Retail Open Access Service program. |
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J. The books of account and records for the regulated utility services provided by Detroit Edison to its retail electric customers will be maintained separately from the books of accounts and records kept by any affiliated Aggregator, Broker, Marketer or AES. |
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K. Nothing in these retail standards of conduct is intended to supplant or relieve Detroit Edison of its duty to comply with the Standards of Conduct for Public Utilities established by the Federal Energy Regulatory Commission in Order Nos. 889 and 889-A, as codified at 18 CFR §§ 37.1-37.4. |
If you have any questions regarding the Standards of Conduct, please contact: Don Callow at 313.235.6848 or callowd@dteenergy.com