STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONSDIVISION OF PUBLIC - PDF document

1 STATE OF RHODE ISLAND AND PROVIDENCE P
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONSDIVISION OF PUBLIC UTILITIES AND CARRIERSJEFFERSON BOULEVARDWARWICK, RHODE ISLAND 02888In Re: Proposed Amendments To The Division'sApplicable To NonregulatedPower Producers" Pursuant To R.I.G.L.§§ 39-1-27.1 et seq.Docket D-16-113To DivisionReport and Order number AMENDED "RULES APPLICABLE TO NONREGULATED POWERPRODUCERS" AS ORIGINALLY NOTICED WITH EXPLANATORYANNOTATIONS ADDED 815-RICR-4005-1TITLE - 815 DIVISION OF PUBLIC UTILITIES AND CARRIERSCHAPTER 40 - ELECTRIC UTILITIESSUBCHAPTER 05 - NONREGULATED POWER PRODUCERSPart 1- Rules Applicable to Nonregulated Power Producer - - - - --------.1 AuthorityNonregulated Power Pr("NPPs") have been permitted to sell to or aggregate electricity eligible and customeJuly 1, 1997. Asby tUtility Restructuring Act of 1996 ("URA")Laws § company engaging in the business of producing,uring, generating, buying, aggregating, marketing or brokerg elecfor sale at wholesale or sale to the pubic. Compaies which egotiatethe purcase of elecric generation services on bealf of customers and do notengage in the purchase and resale of electric generation services are not NPPsithin the meaning of the URA. ivision of Public Utilities and CarriersDivision") has been zed by ws § 39-1-3(b) and 391-27.1(c)and exercise certain reguatory authority over NPPs. These reguations areadopted pursuanto that authority.the instant Div+sefl-R:lles this Part and Part 2 of? _ _ Commnted [LB(2]: Change reflects the newRhode and Commission ("Commission") has also promulgatedrules governing the reguation of NPPs. The Commissios Rules are entitled:'.'.ReliaM-ty-RSflen-sieiity Regulatiens fer ducers effective en January 1, 1997; and Consumer Protection Requirements Jonregulated Power Producerseffective October 20_ Reliability Responsibility Regulations For Nonregulated Power Produces" are set o0-R ICR-40-1terested persons should examine all NPP-relatedrules for a compensive uderstanding of the regulatory irements attacto NPPs doing business in Rhode sland.Definitions!_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ._ _ _ _ _ _ gated entityall have the same meaning as that ich is contained Laws § 39-26_ _ _ _ _ _ _ --------- ----- Prerequisites for Rhode Island OperationsA. seeking to do business 1n Rhode sland must fie with the Division atarized egistration application that incudes the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ive Commente[LB(l]ThiPartreissuance of DivisionRules Appl cable To Nonregulated PowerProdu", effecve date of anuary 2015Minoramendments have been made to reflect the amendments toRIGL 39-1made by the neral Assembly in January 2016 Session (see S2260, H8331) and for clarity.New language is indicated by underscoring, deletedguage by slrillelhra"gh. Format changes required by the new Administrative Code format are not indicatedCorrection of typographical errors are notindiated. Commented LB(3]:Change reflects the Admintrative format, and the fact that the Divisionnew NPP Consumer Bill Of Rights (Part 2 of this Subhapterwill supplant the Commissio's onsumer ProtectionRequirements for Nonregulated ower Producersmandated by RIG26.7seq. Nevertheless, the still has rues regarding certain aspectNPP operationsand interested persons should be aware of that. Commented mmented B(4]: Some definitions are requires as result of the recent amendment to RIGL 39-l-27. (c)(9) Commentd [LB(S]:The recent amendment to RIGL 39-1-(c)(9) makesncorporation this definition a logicanecessity as the amendment specifically applies toobligated entities.definition adoptedis the samedefinition used in Part 2 of this SubChapter which wasfacmandated by RIGL39-27(4)(dand restates thestatutory definition set out in 39-26-2.Commente[LB(6]: Implements RIGL39-l-27(c) Legal nausiness Addresshe name of the state where organized the date of organizationof the articles of incorporationassociationpartnership agreementother smilar documenng legal zationName and business address of all offcers and rectorspartnersor othelar officalsameand teephone number of ustomervicontact persameand tene nmber latry contact person;ametle and a

3 ddress stered agent fr servce f processr
ddress stered agent fr servce f processrief description of he nature of the business being Coed:............· LB(7]:Restates RIGL39-1-27. ()(8), w was noexplicitinalregulef desption of Evidence of financial lsoundnesaj.......... Evidece of ess such as surey bondsece financial sor other mem as specfied by theivisexcepregulated power produces who may be obligated entities shall provde financial security showinevidenceof liquid funds such as a suety bonda certificate of depositrrevocable standby letter of credit from an etter of Credit Banka New Yorke Exchan e or a Chica o Mercantile Exchange (CME) approved letter of credi...... a corpoate guarantee froinvestment-grade etity w et Worth of at least en milon do000.00\.Financial security shall be revewed each year at the time anonregulated power producer makes its annual filinghe above notwithstandeach obligated entity is responsible for nform Com[LBmplemnts RIGL39-1-27.l(c)( [LB:It isnt that tter ocome from strong t tut oSO.NE, xamplhas a and set of reqirements tter odits. We beieve most effipt ISO 's eferenceas that oCommenn( O]:Otherstes quirig surTX, PAre set a$250,000.0mpetiveity uppliers ("CEegaress othe sze otheiail esIn that mrket. CT res $250000gross eceipts, hich is revsitery yar steas need. DE rety of osits, advpaymepayments, s or thlike from a CEScusomers, o$50,000.00,and requis demonstraof liasses of $000in order to bcertifie.We hchosen ogo Inially withflat $250,000.00mount comarable J ander states re Ss are currently opeating, as anamount reflect ve of an acceptable standrd ortheastWe may choose to adjst he figuer aftewe ated daa unnew e Division ig within five (5) busness days of aadverse cange in nancial status. cial secu ty sha be availale to safy penaes assessed bthe Divsion foolats of ay cosumer protectioles or laws reated ower poducersnds ordeo compe provisons of I. Geapter 3926 as deteby the ic Uilities Commmentant to bsectioatioovisios § 39-26-4 se forfe all be tted to e renewable eny developme nd estshed iI. Gen aws § 39-26any successo funds, and a ll be remied to he stfundc. All fina al secui

4 ty provin satison of th s prov o name Co
ty provin satison of th s prov o name Commission ansion as geesall meet d foiremes of issiond Divison as such diection may be pme to .............................................................· Affirmatithe appicant ll comply wRhode Island GeneraLaws and all rules and regulatins promed by the n and thPublic es CommmmiEvidene thatin accrdance with he mmisss ReliabilityRespthe applcant is a) a NEPOOLpant or has a ritten agreement with a NEPOOL memberthrough which suh meber agrees to include the load ed by loadA copy of this agreemeth any pring or unrelatedommercial tems redacted) shoud be included wth thapplicant's fiingEvidence of authzaton from Rhode and Secretary of State to dess RhodIslandB. f all filings e put to § 1.3(A) of tPartshall be served on Commisson and all electric distribution companpdaed on sha ll ithi0) days of aange to atioclu istratioappcatiofiled Or prevously !updd. ... .......................... Commented [LB(l2]Implements first senten as amendUnless rejected ithrty daysregration applins filed ine with these ules shall become effectie thirty days after ingthe Divsion rejects the applicationit shall specify the able reasns inwriting andableidentfy ae wayto oercome the noteddeficienciesNPPs are authorized to do business in this state after theregistration becomes effeve and they eir egistation remai od tanding-------------- ····-·······..........·····---·------···-···..········-···--·------ --·····[LB(l3): icarrectioeflect language ed in thal stenc39-1 Commented ented (:The ivisioreceivery y one draftiocess trules implarhe ptable leach type of al ity t; ample ofch a Serity Agrewas aso provido thDivision. he Divisioelecthat at ing tiallyleast, ivision allow ash fleover form, while preserving visht to specify sguagit clear h prescri ve gto try ary Updated information shall be fin ten (10) days of any change to the infomation included in the registration appication as filed or amended filingfee of one hundred dollars ($100.00) shall accompany all registration applicationsfiled ursuant to 13 A of this PartNonre ulated ower reducers

5 shall thereafter renew their e i
shall thereafter renew their e istration wiffltneD1visf()riCinar anriuafbasis.------- -- -ications for renewal shall be filed before the close of business on December 31 of each calendar year Appl ications for renewal shall specify any changes previously filed registration nformationA filng fee of one hundred dollars ($100.00) shall accompany all applications for renewal of NPP status person who has exhausted all administrative remedies available to themthe Divisionand is aggrieved by a final order or decision of the Division, isto judicial review in accordance with the Administrative Procedures ActR.l.G42-35-1 etl5ed.l. _ _ _ Commented [lB(lS]: ..)." and the closingpunctuation were added as techical correction.1.4 NPPs RegiA. A NPP may voluntarisurrender its registration and therefore, ts right business in ode Island. voluntary surrender does not affect ights ilities of any persons or entities with whom the did business in RhodeIslandB. The Division may rescind a NPP's registration follows:A proceeding to rescind the Division's discretionbe institutedeither by the filing of a consumer complaint or as the result of '{! J9.ri_t!g!9r:i------- ---- ------- ----- A proceeding shall be instituted if the Division determines that the longer complies with any of the requirements of Sestien-+1-,A-Of...#\ese3(Al of this Parl.The NPP will be ven notice and the hearing will be conducted in accordance with the provisions of the Division's Rules of Practice andProcedureRescission does not affect the rights or liabilities of any persons or entitwith whom the NPP did business in hode IslandC. Any who has exhausted all administrative remedies available within the Division, and is aggrieved by a final order or decision of the Division, isentitled judicial review in ccordance with the Administrative Procedures Act42-35-15)Financial security shall remain in place for the greater of six months or the discharge of all obligations following the final date of rescission subject to Division receipt and investigation of complaints that

6 may be !filed Commented [LB(l7]: Techni
may be !filed Commented [LB(l7]: Technical correction only. Changedreference from sectionPart" to reflect newAdminstrative Code format. Commented [lB(l6]: Technical correction only. Placedsponte• in Ias term in Latin, and theconvention is Italicize foreign words when used in documentsReplaced semicoon widone the original with subparagraph 3. All 4 subpaagraphs acomplete sentences rather than subodinate clauses of asentence. Commente[LB(l8): Language added uponrecommendation of ry to ensure that the financty documents would be canceuntil NPPdischarged of its existing obligatons in e that the financial security ments would still available to help satisfy those gations up to the limits ofinstrumen($250,000.00 minimum). is consistent Commente[LB(l4): The deleted language ncorporated insection 1.3.Babove, to more accuratelyect RIGL 39-1-27.l(d) The new language added heresimply implements 39establishing registration fees and filing dates. Commented [l8(19]: Amended ony to comp39-26.7-1 substitutes the Dnfor theagency respnsible fopromulgatingconsumer ction s and orders rescission Commi's rules1.5 Dispute Resolution Regulations Relating to NPP'sof contract claims or bdisputes between NPPs and customers that cannot be privately shoud be resolved through appropriate legal actionDisputes between customersother aggrieved parties elating toviolaof the Commission's Consumer Protection Regulations andregulations are subject to the following Any who beleves have been or wbe aggrieved by a violationthe Commission's Consumer Protection Re§ulations Divised PoweProducer ("NPPmer Bill of Righ(Part 2 of this Subcapterl these regulations may file a int with the Division_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ........ Attorney Generalmatter of rightmay file complaint with Division against any NPP to seek enforcement of the CommissionGen-sumer Protection Regulation-s Divsionated PowerProducer mer Bil of hts Part of this Subcha ter and/or these egulation ........................................

7 ...........................Commented [l
...........................Commented [l8(20]: Amended to comith RIGL26.7et seq. above comment)form the complaint should clearly set forth a. cts b. position of the petitionerc. A statement of why the petitioner s aggried and hat rules were andd. relief being sought.4. A copy of the complaint must be provided to NPP opposing party.wever, if a customer files a complaint with the Divisionit will not dismissed as nor will be dismissed for failure to serve a copy onthe or opposparty that is the subject of a complaint will have tenness days respondwas not served a copy othe complaintthe have ten business days from ceipt ocopyfrom ionHoweversion determines that the nature ofthe complaint requires epeditious actvision reserves the right require a shorter sponse period and/or take whatever action isonably necessary to protect the public while the hearng is pendingAny person or entity will be substantially ficantlyaffected by the outcome of proceedings under ths rule may file a motion interveneThe motion must clearly forth the interests the party seeking interve'.v'.E?l?!'! l}!9. !'fl9)9.F)jL_ ------- - - ---- ---- Commented [LB(21]paragraph reformatted for clarity only.e Divisioant such motio person's or entity's interests will be substantiallsigificantly affected by the outcome proceedingsunder rul(2) The interests cannot be adequately represented by otheres to the proceedingternatively, the Division can grant a party or entity tedintervenor status hich would allothat enothe right submit written comments7. Decisiona. Within ten business days of the close of the hearreceipt obriefs required by the Divison) tten decision wll berenderedunless the Dision notifies the parties that an extensiontimenot to exceed fifteen additional business daysill equired8. Appealsa. Any decision the Division issued n conformance with thesees shalbe final and binding upon parties unless appealedunder the Rhode Island Administrative Procedures Act ed.)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Commented [LB(22]: tatutory citation added for the nience those members of publi