§ 39-1-27.1 - Retail electric licensing commission plan requirements and nonregulated power producer registration requirements.

SECTION 39-1-27.1

   § 39-1-27.1  Retail electric licensingcommission plan requirements and nonregulated power producer registrationrequirements. – (a) The retail electric licensing commission shall by January 1, 1997 submit aplan to the legislature which shall include, but not be limited to, thefollowing:

   (1) A recommendation for taxing and/or assessing electricdistribution companies, electric transmission companies and nonregulated powerproducers;

   (2) Recommendations regarding changes to the regional powerpool that would facilitate the creation of an independent system operator andvoluntary power exchange; and

   (3) Proposals for consumer protections, access to books andrecords, and other requirements the retail electric licensing commissiondetermines to be reasonable, necessary and in the public interest.

   (b) On or before January 1, 1997, the public utilitiescommission shall establish regulations applicable to nonregulated powerproducers that are selling electricity in this state that are necessary to meet(directly or through contract) the operating and reliability standards of theregional power pool.

   (2) In addition, the public utilities commission shallparticipate in all proceedings before the federal energy regulatory commissionwith respect to the modification and/or termination of wholesale allrequirements contracts in place as of January 1, 1996, between electricdistribution companies operating in this state and their affiliated powersuppliers. The purpose of such participation is to ensure that termination feespayable by ultimate customers in this state are determined in accordance withthe provisions of § 39-1-27.4. To facilitate such participation, thepublic utilities commission is authorized to assess electric distributioncompanies under its jurisdiction for its reasonable expenses incurred inconnection with its participation in those proceedings, up to a maximum of onehundred thousand dollars ($100,000) per year, which assessments shall be inaddition to all other assessments authorized by this title.

   (3) On January 1, 1998, and annually for the next four (4)years thereafter, the public utilities commission shall transmit to thegovernor, the speaker of the house and the president of the senate, a reportdetailing: developments in the competitive power supply market in this state;estimated savings realized by customers as a result of the introduction ofretail competition in the power supply market; progress towards implementationof a regional transmission agreement for New England and other reformsimplemented by the regional power pool; and the status of electric industryrestructuring activities in the other New England states and anyrecommendations for statutory changes.

   (c) All nonregulated power producers seeking to do businessin this state must file with the division of public utilities and carriers anotarized registration application that includes the information identifiedbelow and any additional information required by the division of publicutilities and carriers pursuant to regulations issued to protect the publicinterest in connection with the registration of entities seeking to sellelectricity at retail:

   (1) Legal name;

   (2) Business address;

   (3) The name of the state where organized; the date oforganization; a copy of the articles of incorporation, association, partnershipagreement, or other similar document regarding legal organization;

   (4) Name and business address of all officers and directors,partners; or other similar officials;

   (5) Name, title, and telephone number of customer servicecontact person;

   (6) Name, title, and telephone number of regulatory contactperson;

   (7) Name, title and address of registered agent for serviceof process;

   (8) Brief description of the nature of business beingconducted; and

   (9) Evidence of financial soundness such as surety bonds, arecent financial statement, or other mechanism as specified by the division.

   (d) Copies of all filings pursuant to subsection (c), shallbe served upon the commission and all electric distribution companies. Updatedinformation shall be filed within ten (10) days of any change to theinformation included in a registration application, as filed or previouslyupdated. Registration applications filed pursuant to subsection (c), shallbecome effective thirty (30) days after filing with the division, unlessrejected during the thirty (30) day period. If the division should reject aregistration application, it shall specify the applicable reasons in writingand, if practicable, identify alternative ways to overcome any deficiencies.After an opportunity of a hearing, the division may rescind a nonregulatedpower producer's registration for cause. Nonregulated power producers shall beauthorized to do business in this state after their registration becomeseffective and while it remains in good standing.

   (e) A filing fee of one hundred dollars ($100) shallaccompany all registration applications filed pursuant to subsection (c).Nonregulated power producers shall thereafter renew their registrations withthe division on an annual basis. Applications for renewal shall be filed beforethe close of business on December 31 of each calendar year. Applications forrenewal shall specify any changes in previously filed registration information.A filing fee of one hundred dollars ($100) shall accompany all applications forrenewal of nonregulated power producer status.