Section 291-9-011 - CERTIFICATION OF COMPETITIVE NATURAL GAS PROVIDERS AND AGGREGATORS011.01General Requirement to Obtain Certificate: A person must not provide competitive natural gas services to a Nebraska retail end-user, including a high volume ratepayer, without a certificate approved by the Commission pursuant to Neb. Rev. Stat. § 66-1849. A certified CNGP shall not be required to obtain a separate certificate as an aggregator in order to perform services as an aggregator.
011.02Filing Requirements and Application Process: Applications for a certificate to provide competitive natural gas services must contain all of the following information
011.02A The legal name under which the applicant will operate, a description of the business structure of the applicant, evidence of authority to do business in Nebraska, certificates of registration by the Nebraska Secretary of State for all trade names under which the applicant will operate, and the applicant's state of incorporation.011.02B The names, business addresses and business telephone numbers of the principal officers of the applicant who can be contacted regarding its operations in Nebraska and telephone number(s) at which the CNGP can be contacted 24 hours a day.011.02C Identification of affiliates that are certified under this section and a listing of the names and addresses of all the applicant's affiliates engaged in the provision of competitive natural gas services in any other state.011.02D A listing of all legal actions and formal complaints pertaining to the provision of competitive natural gas services filed against the applicant or its affiliates at a public utility regulatory body other than the Commission that were pending in the 12 months prior to the date of the request for certificate, including identification of the title and number of applicable proceedings and a copy of the final orders in such proceedings or the citation to the website where the text of the orders can be found.011.02E Identification of the states and jurisdictions in which the applicant or an affiliate has had a license or certificate to supply competitive natural gas services suspended, revoked, or denied, or where the applicant has voluntarily withdrawn from providing service due to financial or operational reasons. Applicant must include identification of the title and number of any applicable proceedings and a copy of any final orders in such proceedings or the citation to the Website where the text of the orders can be found.
011.02F A demonstration that the applicant has the operational and financial capability to obtain and deliver the services it proposes to offer. At a minimum, applicants are required to submit financial statements. The applicant must submit a balance sheet, statement of income, statement of cash flow, and, if applicable, a statement of shareholders' equity and the applicant's debt structure, including bond rating. As a demonstration of the applicant's operational ability, the applicant must submit a roster of officers and directors, a description of the professional backgrounds of the applicant's principal managerial and technical personnel, an operational flow chart, and a description of the applicant's facilities and the services it intends to render. A request for confidential treatment for this information may be filed with the Commission, pursuant to Nebraska Administrative Code, Title 291, Chapter 9, Rule 006.011.02G Applications must be filed with the executive director at the Nebraska Public Service Commission, 1200 "N" Street, Suite 300, Lincoln, Nebraska 68508. An original and eight (8) copies must be filed. An application fee must be included with the application to cover the administrative costs of accepting and processing a filing. In addition, each applicant will be billed costs and expenses reasonably attributable to certification and dispute resolution to applicants and participants to the proceeding, including Commission time, billed on an hourly basis, spent reviewing, analyzing and considering the application.011.02H An applicant must notify the Commission during the pendency of the certification request of any material change in the representations and commitments required by this subsection within 14 days of such change. Any new legal actions or formal complaints are considered material changes in the request. Once certified, CNGPs must notify the Commission of any material change in the representations and commitments required for certification within 14 days of such change.011.03Assessment for Certification of Competitive Natural Gas Providers and Aggregators: Pursuant to Section 49{3) of LB 790 [2003], the Commission shall allocate the costs and expenses reasonably attributable to certification and dispute resolution as authorized in this section to persons identified as parties to such proceeding who are engaged in or who seek to engage in providing natural gas services or other persons identified as participants in such proceeding. The funds received for the costs and expenses of certification and dispute resolution shall be remitted to the State Treasurer for credit to the Public Service Commission Regulation Fund.
011.04Conditions of Certification: Failure to comply with the following conditions of certification may result in revocation of the certificate:
011.04AUnauthorized Charges: A CNGP must not charge or attempt to collect any charges from end-users for any competitive natural gas services or equipment used in providing competitive natural gas services not contracted for or otherwise agreed to by the end-user.011.04BNotification of Emergencies: Upon receipt of information from an end-user of the existence of an emergency situation with respect to delivery service, a CNGP must immediately contact the appropriate natural gas public utility whose facilities may be involved. The CNGP must also provide the end-user with the emergency telephone number of the natural gas public utility.011.04CBond Requirement: The Commission may require the applicant to file a bond or other demonstration of its financial capability to satisfy claims and expenses that can reasonably be anticipated to occur as part of operations under its certificate, including the failure to honor contractual commitments. The adequacy of the bond or demonstration shall be determined by the Commission and reviewed by the Commission from time to time. In determining the adequacy of the bond or demonstration, the Commission shall consider the extent of the services to be offered, the size of the provider, and the size of the load to be served, with the objective of ensuring that the Commission's financial requirements do not create unreasonable barriers to market entry.011.04DYearly Revenue Report Requirement: No later than September 1st of every year, each CNGP shall file with the Commission a report stating the total annual dekatherms delivered and sold to residential customers within each utility rate area in the preceding year beginning July 1 and ending June 30 and the total revenues associated with the sale of natural gas to all jurisdictional customers within each utility rate area in such year. 011.04D1 All reports required under this section shall be under oath and shall be identified with the name of the CNGP as it appears in the most recent Commission order granting the CNGP certification.011.04D2 All reports made to the Commission by a CNGP and the contents thereof shall be open to public in-pecion, unless otherwise ordered by the Commission. 011.04D3 When any report is erroneous or defective or appears to the Commission to be erroneous or defective, the Commission may notify the CNGP to amend that report within 30 days, and before or after the termination of the period the Commission may examine the officers, agents, or employees, and books, records, accounts, vouchers, plant, equipment and property of the CNGPs, and correct items in the report the Commission finds defective or erroneous.011.04ERestrictions: The Commission may, pursuant to LB 790, Sec. 49 [2003], establish reasonable conditions or restrictions on a certificate as a competitive natural gas provider at the time of issuance.011.04FRepresentations: No representation or warranty made by an applicant shall be false or misleading in any material respect when made or when deemed made.291 Neb. Admin. Code, ch. 9, § 011