The OCA excepts to the finding that the index plan complies ALJ’s with the requirements of § 2807(e)(3.1) of the Code because an RFP will be used as part of the plan for the Supplier Adder. The OCA submits that § 2807(e)(3.1) requires that power for default service customers must be “electric acquired” procured through a competitive procurement process. OCA Exc. at 17. The OCA avers that the program does not acquire electric power (i.e. energy) Companies’ through a traditional auction, RFP or bilateral contract, but only acquires the price of the Supplier Adder through an RFP. Id. The OCA notes that the current Stratified Plan is Companies’ consistent with the procurement process of other EDCs in that suppliers must bid on the price of energy the EDCs receive. The OCA recommends that the Commission must approve the continuation of the Stratified Plan to ensure that energy is acquired through a competitive process as envisioned under the law. OCA Exc. at 18. In reply to the Exceptions, the Companies point out that OCA’s although their RFP includes indexed energy supply, the only way for an interested supplier to serve the load remains to participate in the RFP process. Companies’ Therefore, Companies argue that the proposed solicitation remains consistent with § 2807(e)(3.1) of the Code. CEW R. Exc. at 14. Continuing Stratified Plan and the OCA Alternative Parties’ Positions The OCA recommended that the Companies should continue to use the current Stratified Plan in lieu of the proposed DSP IV. The OCA submits that the Stratified Plan compares favorably to other DSPs and works well in EDCs’
The OCA excepts to the ALJ’s finding that the index plan complies with the requirements of § 2807(e)(3.1) of the Code because an RFP will be used as part of the plan for the Supplier Adder. The OCA submits that § 2807(e)(3.1) requires that “electric power acquired” for default service customers must be procured through a competitive procurement process. OCA Exc. at 17. The OCA avers that the Companies’ program does not acquire electric power (i.e. energy) through a traditional auction, RFP or bilateral contract, but only acquires the price of the Supplier Adder through an RFP. Id. The OCA notes that the Companies’ current Stratified Plan is consistent with the procurement process of other EDCs in that suppliers must bid on the price of energy the EDCs receive. The OCA recommends that the Commission must approve the continuation of the Stratified Plan to ensure that energy is acquired through a competitive process as envisioned under the law. OCA Exc. at 18. In reply to the OCA’s Exceptions, the Companies point out that although their RFP includes indexed energy supply, the only way for an interested supplier to serve the Companies’ load remains to participate in the RFP process. Therefore, Companies argue that the proposed solicitation remains consistent with § 2807(e)(3.1) of the Code. CEW R. Exc. at 14. Continuing Stratified Plan and the OCA Alternative Parties’ Positions The OCA recommended that the Companies should continue to use the current Stratified Plan in lieu of the proposed DSP IV. The OCA submits that the Stratified Plan compares favorably to other EDCs’ DSPs and works well in
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