Section 9601 Of Division 4.9. Restructuring Of Publicly Owned Electric Utilities In Connection With The Restructuring Of The Electrical Services Industry From California Public Utilities Code >> Division 4.9.
9601
. (a) Except with respect to supply options of the nature
specified in Section 218, with the exception of paragraph (3) of
subdivision (b) of that section, as it existed on December 20, 1995,
no person, corporation, electrical corporation, or local publicly
owned electric utility or other governmental entity other than a
retail customer's existing electric service provider as of December
20, 1995, shall provide partial or full electric service to a retail
customer of a local publicly owned electric utility unless the
customer first confirms in writing an obligation to pay, through
tariff or otherwise, to the utility currently providing electric
service, a nonbypassable generation-related severance fee or
transition charge established by the regulatory body for that
utility. The severance fee or transition charge shall be paid
directly to the local publicly owned utility providing electricity
service in the service area in which the consumer is located.
(b) Except as provided in subdivision (a) of Section 374, no local
publicly owned electric utility or other governmental entity shall
provide partial or full electric service to a retail customer of an
electrical corporation unless the customer of that electrical
corporation first confirms in writing an obligation to pay, through
tariff or otherwise, to the electrical corporation currently
providing electric service, a nonbypassable generation-related
transition charge established by the regulatory body for that
electrical corporation. The charge shall be paid directly to the
electrical corporation providing electricity in the service area in
which the consumer is located.
(c) No local publicly owned electric utility or electrical
corporation shall sell electric power to the retail customers of
another local publicly owned electric utility or electrical
corporation unless the first utility has agreed to allow the second
utility to make sales of electric power to the retail customers of
the first utility.
(d) This section does not apply to an exchange of customers
affected by a local publicly owned electric utility completing a
mutually agreeable condemnation process to resolve a fringe area
agreement in which there exists a balance of benefits between the
customers of the local publicly owned electric utility and the
electrical corporation.