SECTION 165:35-41-5. Commission consideration

(a)   In reviewing Demand Portfolios, the Commission will consider:

(1)   The quality of the programs in all their elements relative to their program objectives;

(2)   Experience of the program administrator and program implementer, if known, at designing and implementing programs;

(3)   The cost-effectiveness for each program and for the Demand Portfolio; individual programs or individual measures for a specific program do not have to be cost-effective if their inclusion is expected to provide for greater comprehensiveness, customer or trade ally participation, or address Hard to Reach Customer participation

(4)   The savings goals;

(5)   The availability of programs to all customers;

(6)   The degree to which programs include innovative ways of increasing savings, increasing participation in programs, increasing market transformation, increasing customer education, or decreasing the cost to obtain savings or promote participation and include stakeholder interests;

(7)   The effect on rates, average customer bills, and total cost of service;

(8)   Forecasts of utility plant that would be required absent savings from the energy efficiency and demand response programs;

(9)   Consistency with the most recently filed integrated resource plan;

(10)   The effect on the environment, to the extent of Commission authority; and

(11)   Other evidence the Commission finds relevant.

(b)   The Commission will endeavor to issue an order within ninety days of the filing of the application.

(c)   Whether a program is cost effective will be determined by the Commission and may be based on the tests found in the California Standard Practice Manual. The California Standard Practice Manual tests are to be used in conjunction with one another and no one test may be used to deem a program to be lacking cost-effectiveness. Results of the Rate Impact Measure Test contained in the California Standard Practice Manual shall also include an estimate of the impact on average customer bills.

(d)   A utility's recovery of prudently incurred program costs in rates or riders shall be determined by the Commission on a utility-specific basis, provided that:

(1)   Administrative costs shall not exceed ten percent (10%) of portfolio costs;

(2)   All Program Costs should not add more than $2.50 to the residential sector's monthly average customer bill unless benefits and rationale for exceeding cap can be proven; bill impacts on other classes of customers shall reflect allocated Demand Program cost recovery.

(3)   The cost of time-of-use devices or other equipment required for billing purposes and their installation shall be specifically excluded from program costs (directly or indirectly);

(4)   Tariffs covering rates or riders for Demand Programs shall be updated to be in compliance with this subchapter or in accordance with OAC165:35-1-3 (f).

(e)   Programs may be modified by the utility with forty-five days notice to the Commission without prior approval by the Commission under the following conditions:

(1)   The program is not terminated earlier than specified in the program; and

(2)   The modification does not result in a shift of more than ten percent of the total demand portfolio budget resources away from programs serving any customer sector.

(f)   If the Commission receives an objection to the proposed program modification no later than thirty days after receiving the utility's notice, the Commission may, but is not required to, set a hearing before the Commission or an administrative law judge.

[Source: Added at 26 Ok Reg 1849, eff 6-25-09; Amended at 31 Ok Reg 1057, eff 1-1-16]