367.3.
(a) For purposes of this section, a “qualifying direct transaction customer” means any customer that meets each of the following requirements:(1) The customer entered into a direct transaction with an electric service provider for electric service for a plant or facility in California, by executing a contract prior to January 1, 2000, that extended service through at least February 1, 2001.
(2) The plant or facility was, after February 1, 2001, involuntarily returned to the electrical corporation for electrical service, as a result of the electric service provider terminating electrical service under the direct transaction contract.
(3) The plant or facility entered into a new direct transaction with an electric service provider for the plant or facility’s electric service and a direct access service request (DASR) was submitted within 90 days from the date the plant or facility’s most recent direct transaction contract was involuntarily terminated.
(4) The plant or facility continuously participated in an interruptible or curtailable service program.
(5) The plant or facility had an average total cost for all aspects of electric service, as a percentage of sales, in excess of 8 percent, for the five years beginning January 1, 1996, and continuing to December 31, 2000.
(6) The plant or facility had an average net profit margin as a percentage of sales of greater than 2 percent, for the five years beginning January 1, 1996, and continuing to December 31, 2000.
(7) The average total electric service cost as a percentage of sales, exceeded the average net profit margin as a percentage of sales for the plant or facility, for the five years beginning January 1, 1996, and continuing to December 31, 2000.
(8) The customer submits an application to the commission pursuant to this section within seven days of the operative date of the act adding this section, accompanied by a declaration from an officer, director, or owner stating that unless relieved of the expense of the direct access cost responsibility surcharge, the plant or facility that purchases electric service under the direct transaction contract, faces certain and imminent closure.
(b) If the commission finds it is in the public interest and there is no feasible alternative, the commission may defer or waive the collection of a portion of the cost responsibility surcharge otherwise applicable to a qualifying direct transaction customer, to the extent necessary to mitigate the conditions described in paragraph (8) of subdivision (a). That deferral or waiver may not result in any shifting of costs to bundled service customers, either immediately or over time, or delay the full and timely recovery of costs from direct access customers as a group.
(c) The commission shall issue a decision on an application submitted pursuant to this section on or before September 4, 2003. Notwithstanding subdivisions (d) and (g) of Section 311, the commission may issue its decision in less than 30 days following filing and service of the proposed decision.
(d) The commission shall require an electrical corporation to defer collection of a portion of the cost responsibility surcharge otherwise applicable to a qualifying direct transaction customer while an application submitted pursuant to this section is pending before the commission and, if the application is granted, until the deferral or waiver is operative.
(e) This section shall remain in effect only until January 1, 2009, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2009, deletes or extends that date.