Section Puc 3003.01 - Initial Registration of Competitive Natural Gas Suppliers(a) Any person or entity seeking to sell natural gas to customers in the state of New Hampshire shall complete and submit an application for registration as a CNGS containing the information and signature as specified in Puc 3006.01.(b) No person or entity shall sell, or offer to sell by means of mass media marketing or otherwise, natural gas to any customer until the person or entity has completed all aspects of the registration process required by Puc 3003, and has had its registration approved in accordance with Puc 3003.01(e).(c) Each applicant shall provide the following in or with its application: (1) Original financial security instrument as specified in Puc 3003.03;(2) Documentation sufficient to demonstrate that the applicant is an approved shipper on the upstream pipelines and underground storage facilities on which the LDC will assign capacity, if any, to the applicant; and(3) A $250.00 registration fee, with payment submitted to the executive director.(d) The commission shall reject the application when information required to complete a CNGS registration application is not provided by the applicant within 60 days of request for such information.(e) Unless an application for CNGS registration 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.(f) The commission shall deny a CNGS 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 CNGS;d. Slamming, meaning the initiation of the transfer of a customer to a new CNGS or aggregator without the customer's authorization; or e. Other practices found by the commission to be harmful or potentially harmful to customers. (g) 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.(h) An approved CNGS registration shall be valid for a period of 5 years.(i) If an application is rejected, the application fee shall be forfeited and the applicant shall be required to submit a new application and fee prior to acting as a CNGS in New Hampshire.(j) An applicant shall submit with its application proof that it has notified any LDC in whose service territory it intends to conduct business as a CNGS of the filing of its application for registration at the time it files the application with the commission.(k) Each CNGS shall notify the commission of any changes to the information required to be submitted pursuant to this section and Puc 3006.01. The CNGS 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.(l) If a CNGS fails to comply with the requirements or obligations of this chapter, the commission shall determine whether to charge against the CNGS's financial security by following the process described in Puc 3005, subject to the priority set forth in Puc 3003.03(b).N.H. Admin. Code § Puc 3003.01
#7811, eff 12-28-02; ss by #9796-A, eff 9-25-10
Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12757, Effective 6/1/2019, Expires 6/1/2029.