Section 701.8 Of Article 1. Generally From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 4. >> Article 1.
701.8
. (a) To ensure that electrical corporations do not operate
their transmission and distribution monopolies in a manner that
impedes the ability of the San Francisco Bay Area Rapid Transit
District (BART District) to reduce its electricity cost through the
purchase and delivery of preference power, electrical corporations
shall meet the requirements of this section.
(b) Any electrical corporation that owns and operates transmission
and distribution facilities that deliver electricity at one or more
locations to the BART District's system shall, upon request by the
BART District, and without discrimination or delay, use the same
facilities to do any or all of the following:
(1) Deliver preference power purchased from a federal power
marketing agency or its successor.
(2) Deliver electricity purchased from a local publicly owned
electric utility.
(3) Deliver electricity generated by an eligible renewable energy
resource.
(c) Where the BART District purchases electricity at more than one
location, at any voltage, from an electric utility under tariffs
regulated by the commission, the utility shall bill the BART District
for usage as though all the electricity purchased at transmission
level voltages were metered by a single meter at one location and all
the electricity purchased at subtransmission voltages were metered
by a single meter at one location, provided that any billing for
demand charges would be based on the coincident demand of
transmission and distribution metering.
(d) If, on or after January 1, 1996, the BART District leases or
has agreed to lease, as special facilities, utility plants for the
purpose of receiving power at transmission level voltages, an
electrical corporation may not terminate the lease without
concurrence from the BART District.
(e) When the BART District elects to have electricity delivered
pursuant to subdivision (b), neither Sections 365 and 366, and any
commission regulations, orders, or tariffs, that implement direct
transactions, are applicable, nor is the BART District an electricity
supplier. Neither the commission, nor any electrical corporation
that delivers the federal power or electricity purchased from a local
publicly owned electric utility or generated by an eligible
renewable energy resource to the BART District, shall require that an
electricity supplier be designated as a condition of the delivery of
that electricity.
(f) The BART District may elect to obtain electricity from the
following multiple sources at the same time:
(1) Electricity delivered pursuant to subdivision (b).
(2) Electricity supplied by one or more direct transactions.
(3) Electricity from any electrical corporation that owns and
operates transmission and distribution facilities that deliver
electricity at one or more locations to the BART District's system.
(g) For purposes of this section, "eligible renewable energy
resources" has the same meaning as defined in subdivision (e) of
Section 399.12.