5Special Provisions for Retail Access

Preamble

All retail Transmission Service over the transmission facilities of the Parties to the ISO/TO Agreement shall be pursuant to this Section.  This Section applies only to Eligible Customers taking service under retail access tariffs filed with the PSC and the Commission; or under otherwise lawfully established rates and terms of the following Transmission Owners (“Retail Access Tariffs”):  Central Hudson, Consolidated Edison, LIPA, NYSEG, Niagara Mohawk, Orange and Rockland and RG&E.  LSEs applying for service under this portion of this Tariff must certify to the ISO that they are participating as an LSE in one of the enumerated retail access programs.

The ISO will provide retail access services under this Tariff to Eligible Customers taking unbundled Transmission Service pursuant to a state requirement that a Transmission Owner offer the Transmission Service, or pursuant to a voluntary offer of such service by a Transmission Owner.  Retail access customers are individual end‑use customers eligible for retail access under the Transmission Owner’s retail access plans as filed with the PSC or, in the case of LIPA, established under State law, or pursuant to a voluntary offer of such service by a Transmission Owner.  All retail access customers participating in the retail access programs of Central Hudson, Consolidated Edison, LIPA, NYSEG, Niagara Mohawk and Orange and Rockland are Eligible Customers under this Tariff.  Retail access customers will take service under Part 5 of this Tariff.  All Sections of this Tariff apply to LSEs serving such customers.  Eligible Customers, such as electric utilities, are not required to offer retail access to their customers as a condition of service under this Tariff.  All retail access customers serving as their own LSE must take Transmission Service under either Part 3 or 4 of this Tariff in addition to taking service under Part IV.  The common service provisions of Part 2 apply to retail access customers including LSEs.