INFORMATION FOR ALTERNATIVE ELECTRIC SUPPLIERS



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On June 5, 2000, new legislation entitled the Customer Choice and Electricity Reliability Act, 2000 PA 141 (Act 141) and 2000 PA 142, became effective. Section 10a (2) of the act provides that the Michigan Public Service Commission shall issue orders establishing a licensing program for all alternative electric suppliers. Act 141 established Customer Choice in Michigan. Alternative Electric Suppliers (AESs) are the unregulated entities that are eligible to sell electricity to retail electric customers in a host utility s Michigan service territory. Public Act 286 of 2008 (Act 286) was enacted on October 6, 2008 and amended PA 141. Section 10a(1)(a) of Act 286 requires limiting the amount of electricity that can be obtained from an AES to no more than 10% of an electric utility s average weather adjusted retail sales for the preceding calendar year. As a result, the Commission issued an order on October 21, 2008 in Case No. U-15801 to establish rules for allocating the sales as specified in Section 10a (1)(b)- (d). In its order dated September 29, 2009 in Case No. U-15801, the Commission outlined the specific procedures pertaining to the 10 percent cap, and also established the details of the each utilities electric choice Cap Tracking System. We Energies interfaces with AESs for them to provide power supply to customers in our Michigan service territory. We Energies Michigan Supplier Liaison is the primary contact to establish the relationship between the AES and We Energies. The We Energies Michigan Supplier Liaison can be reached at 414-221-4650. This document describes the prerequisites and the registration process to provide power supply to customers in We Energies service territory.

Registration Steps: Obtain MPSC License as an AES Complete AES Registration Form and submit to We Energies Michigan Supplier Liaison Have the ability to procure electric power and energy (Certify on AES Registration Form) Be current on all payments to We Energies Have internet access to use the OASIS for reserving transmission and ancillary transmission services with MISO Have internet access to use the MISO Market Portal Complete AES Creditworthiness Request Form and submit to We Energies Michigan Supplier Liaison Meet financial qualifications Have a credit limit established with We Energies Provide additional credit assurances when needed Enter into appropriate contractual relationship with We Energies Retail Access Service Agreement Meter Data Management Services Agreement Note the steps above are required for AES registration only. Additional steps are required prior to implementing any customer switch.

Documentation: Document Where Found How Submitted AES License Application MPSC Web site: http://www.dleg.state.mi.us/mpsc/electric/re struct/esp/ efile - MPSC e-docket system OATT Service Agreement Midwest Independent Transmission System Operator (MISO) OASIS U.S. mail or AES Registration Form We Energies Michigan Supplier Liaison U.S. mail or Creditworthiness Request Form We Energies Michigan Supplier Liaison U.S. mail or Supplier Agreement We Energies Michigan Supplier Liaison U.S. mail We Energies Michigan Supplier Liaison U.S. mail Meter Data Management Services Agreement Alternative Electric Suppliers (AESs) must establish a business relationship with We Energies before they can begin serving customers in We Energies Michigan service territory. To establish a business relationship with We Energies, AESs must meet certain initial conditions, including meeting Federal Energy Regulatory Commission (FERC), Michigan Public Service Commission (MPSC), and We Energies requirements. Obtain MPSC License PREREQUISITES An AES must be licensed by the MPSC to operate within the state of Michigan. Information about the process to obtain a license can be obtained from the MPSC Web site (http://www.dleg.state.mi.us/mpsc/electric/restruct/esp/) Complete and Submit Required Forms - AES Registration Form & AES Creditworthiness Request Form Each AES must submit a registration form to notify We Energies that it intends to sell electricity to retail customers in We Energies service territory. Submitting the AES Registration Form begins the formal registration process between the AES and We Energies. (See the AES Registration Flowchart for an illustration of the registration process.) Each AES must also submit a form to provide information necessary to evaluate the AES s creditworthiness. The AES Creditworthiness Request Form should be submitted with the

AES Registration Form. We Energies will accept an AES s registration form and creditworthiness request form and begin registering the AES only after the MPSC has licensed the AES. Registration forms and creditworthiness request forms can be obtained from the We Energies Michigan Supplier Liaison at 414-221-4650. The registration form asks for the following information: Corporate name Mailing address Telephone and numbers Corporate contact information Corporate affiliations Dun & Bradstreet identification number MPSC licensing Docket Number, including filed updates Federal and state tax identification numbers Submit a copy of a completed and FERC accepted OATT Service Agreement or certify that the AES is listed by name on MISO s OATT Index of Point-to-Point Transmission Service Customers, or Index of Network Integration Transmission Service Customers Certify that the AES has internet access to use the OASIS for reserving transmission and ancillary transmission services with MISO Certify that the AES has internet access to use MISO s Portal The creditworthiness request form asks for the following information: The method the AES intends to use in order to establish counterparty credit Appropriate audited financial statements Draft Parent Guarantee, draft bank Letter of Credit, Cash Deposit information or draft Surety Bond Completed forms may be submitted via or U.S. mail to: We Energies Donald Splinter Michigan Supplier Liaison A-214 A 231 W. Michigan St. Milwaukee, WI 53203 414-221-4650 FAX# 414-221-4210 Donald.splinter@we-energies.com

We Energies will keep information on the completed forms confidential. Contractual Agreements The AES must enter into contractual agreements with We Energies after completing the applicable forms and receiving an acceptable credit limit. The contractual agreements will be provided to the AES after the registration forms are validated. The Retail Access Service Agreement contains the following: General and administrative provisions Conditions precedent Basic obligations of the parties Events of default and remedies for default Limitation of liability Indemnification Force Majeure Security arrangements Load profiles and metering Unauthorized energy use Billing and collection Payment Customer inquires Dispute Resolution Confidentiality Representation and warranties Taxes The Meter Data Management Services Agreement contains the following: Definitions and Interpretation Effectiveness and Term Duties and Responsibilities; Indemnification Expiration and Early Termination Scope of Services Representations and Warranties Dispute Resolution Miscellaneous The We Energies Michigan Supplier Liaison will arrange for development of contractual agreements with the AES. The agreements are the final step in the AES registration process.