Section 63.305. Initiation of abandonment

A LSP shall initiate abandonment of service when a LSP receives a notice from the NSP of a termination of a LSP’s service consistent with the pretermination dispute provisions in § 63.303 (relating to pretermination provisions), when the Commission issues an order to revoke a LSP’s certificate of public convenience or when a LSP has made proper application to the Commission to abandon some or all of a LSP’s local service customers.

(1) NSP initiation.

(i) A NSP that intends to terminate the service of a LSP that is a wholesale customer and serves residential or business customers shall provide prior notice to the LSP and the Commission electronically and by first class mail unless other methods of delivery have been agreed to as part of the interconnection or other governing agreement between the NSP and the LSP, not less than 45 calendar days in advance of the scheduled termination.

(ii) The Commission may require a NSP to extend a LSP’s termination date until the LSP’s customers have been properly notified.

(2) Commission initiation. The Commission may initiate the abandonment of a LSP’s service through the issuance of a Commission order that revokes the LSP’s certificate of public convenience.

(3) LSP initiation. A LSP may initiate the voluntary abandonment of some or all of its local service customers by filing with the Commission an application to abandon service to some or all of its existing customers. A LSP shall file an application to abandon service at least 35 calendar days prior to the exit date.