NASECORE clarifies that when it asked for the legal basis of the Line Rental or Bilateral LLCC charge, it was not merely asking for the general statutory authority of the ERC to regulate WESM and electricity rates, nor for the market rules and manuals explaining how the charge is computed.
What NASECORE specifically sought was the provision of law that expressly authorizes Line Rental or Bilateral LLCC to be imposed upon, passed on to, or recovered from captive electricity consumers.
While the ERC cited Sections 23, 25, 30, 36, and 43 of EPIRA, as well as the WESM Rules, the Price Determination Methodology, the Billing and Settlement Manual, and ERC resolutions, none of the cited provisions of EPIRA expressly identifies Line Rental or Bilateral LLCC as a charge recoverable from captive consumers. The WESM Rules, manuals, and ERC resolutions are regulatory or administrative issuances; they are not provisions of an Act of Congress.
Thus, the fundamental question raised by NASECORE remains: what specific provision of law authorizes a WESM settlement consequence between market participants to become a legally recoverable obligation of captive electricity consumers?
Read NASECORE letters to ERC: https://tinyurl.com/3mn44vbt