Section Puc 2003.01 - Initial Registration of Competitive Electric Power Suppliers(a) No CEPS shall sell electricity, or offer by any means to sell electricity to any customer until the commission has approved its registration in accordance with (d) below and the CEPS has complied with the shopping comparison website initial information input requirements set forth in Puc 2004.03(a)(1).(b) An applicant seeking to register as a CEPS shall:(1) Complete and submit an application for registration containing the information specified in Puc 2006.01;(2) File the financial security instrument described in Puc 2003.03 with the executive director; and(3) Pay the application fee of $250 to the commission by submitting payment to the executive director.(c) The commission shall reject the application when information required to complete a CEPS registration is not provided by the applicant within 60 days of request for such information.(d) Unless a CEPS application is incomplete, does not meet the application requirements, or is subject to outstanding requests for additional information or clarification, within 60 days of receipt of a complete application: (1) The application shall be approved in writing, which approval shall be issued by the executive director, unless the approval requires the grant of a rule waiver under Puc 201.05;(2) The application shall be denied in writing; or(3) The application shall be deemed to have been approved.(e) The commission shall deny a CEPS application if it determines that the applicant or any of the applicant's principals or affiliates has: (1) Been found in other state(s), after notice and opportunity to be heard, to have committed violations, such that the commission determines that it is not in the public good to allow registration;(2) Within the 10 years immediately prior to registration, had any civil, criminal or regulatory sanctions or penalties imposed against it, him or her pursuant to any state or federal consumer protection law or regulation, such that the commission determines that it is not in the public good to allow registration;(3) Knowingly made a false statement of material fact in the application; or(4) Been the subject of consumer complaints in other states in such number and of such types as establishes a pattern demonstrating engagement in: a. Misleading or deceptive marketing or sales practices;b. Inaccurate billing when billed by the CEPS;d. Slamming, meaning the initiation of the transfer of a customer to a new CEPS or aggregator without the customer's authorization; or e. Other practices found by the commission to be harmful or potentially harmful to customers.(f) In the event that the commission denies an application for registration, the applicant may, within 30 days, file a request for reconsideration or a hearing before the commission.(g) The CEPS registration shall be valid for a period of 3 years.(h) The application fee shall be forfeited for applications which are rejected.(i) A new application fee pursuant to (b)(3) above shall apply to submission of an application which has previously been rejected.(j) Each CEPS shall notify the commission of any changes to the information required to be submitted pursuant to this section and Puc 2006.01, with the exception of the information specified in Puc 2006.01(n) and (o). The CEPS shall provide such notice in advance, when practicable, but no later than 10 business days following the effective date of the change, in all cases.(k) If a CEPS fails to comply with the requirements or obligations of this chapter, the commission shall determine whether to charge against the CEPS's financial security by following the process described in Puc 2005, subject to the priority set forth in Puc 2003.03(b).(l) Within 10 days of receiving commission approval of its registration application, a CEPS shall notify, in writing, each utility in whose franchise area it intends to operate that it has successfully completed its registration.N.H. Admin. Code § Puc 2003.01
#7758, eff 9-4-02; ss by #9774-A, eff 8-26-10
Amended by Volume XXXVII Number 37, Filed September 14, 2017, Proposed by #12372, Effective 11/1/2017, Expires 11/1/2027.