Section 815-RICR-30-05-1.3 - Prerequisites for Rhode Island OperationsA. All NPPs seeking to do business in Rhode Island must file with the Division a notarized registration application that includes the following 3. The name of the state where organized; the date of organization; a copy of the articles of incorporation, association, partnership agreement, 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 service contact person;6. Name, title, and telephone number of regulatory contact person;7. Name, title and address of registered agent for service of process;8. Brief description of the nature of the business being conducted;9. Evidence of financial soundness:a. Evidence of financial soundness such as surety bonds, a recent financial statement, or other mechanism as specified by the Division, except those nonregulated power producers who may be obligated entities shall provide financial security showing evidence of liquid funds, such as:(2) a certificate of deposit(3) an irrevocable standby letter of credit from an ISO New England Eligible Letter of Credit Bank, a New York Mercantile Exchange ("NYMEX") or a Chicago Mercantile Exchange ("CME") approved letter of credit bank, or,(4) a corporate guarantee from an investment-grade entity with a Tangible Net Worth of at least ten million dollars ($10,000,000.00).(5) The financial security shall be in an amount of not less than two hundred fifty thousand dollars ($250,000.00). All financial security provided in satisfaction of this provision shall name the Commission and the Division as obligees;b. Financial security shall be reviewed each year at the time a nonregulated power producer makes its annual filing. The above notwithstanding, each obligated entity is responsible for informing the Division in writing within five (5) business days of any material adverse change in its financial status. The financial security shall be available to satisfy penalties assessed by the Division for violations of any consumer protection rules or laws related to nonregulated power producers, refunds ordered by the Division, or failure to comply with the provisions of R.I. Gen. Laws Chapter 39-26 as determined by the Public Utilities Commission. Payments made pursuant to this subsection for violation of the provisions of R.I. Gen. Laws § 39-26-4 shall be forfeited, and shall be remitted to the renewable energy development fund established in R.I. Gen. Laws § 39-26-7, or any successor funds, and all other forfeitures will be remitted to the state's general fund;c. All financial security provided in satisfaction of this provision, in addition to naming both the Commission and the Division as obligees, shall meet the language and form requirements of the Commission and Division as such direction may be provided from time to time;10. Affirmation that the applicant will comply with the Rhode Island General Laws and all rules and regulations promulgated by the Division and the Public Utilities Commission ("Commission");11. Evidence that, in accordance with the Commission's Reliability Responsibility Regulations, the applicant is either a NEPOOL participant or has a written agreement with a NEPOOL member through which such member agrees to include the load served by the NPP in its load. A copy of this agreement (with any pricing or unrelated commercial terms redacted) should be included with the applicant's filing;12. Evidence of authorization from the Rhode Island Secretary of State to do business in Rhode Island.B. Copies of all filings made pursuant to § 1.3(A) of this Part, shall be served on the Commission and all electric distribution companies. Updated information shall be filed within ten (10) days of any change to the information included in a registration application, as filed or previously updated.C. Unless rejected within thirty (30) days, registration applications filed in accordance with these rules shall become effective thirty (30) days after filing. If the Division rejects the application, it shall specify the applicable reasons in writing and, if practicable, identify alternative ways to overcome the noted deficiencies. NPPs are authorized to do business in this state after their registration becomes effective and while their registration remains in good standing.D. A filing fee of one hundred dollars ($100.00) shall accompany all registration applications filed pursuant to § 1.3(A) of this Part. Nonregulated power producers shall thereafter renew their registrations with the Division on an annual basis. Applications for renewal shall be filed before the close of business on December 31 of each calendar year. Applications for renewal shall specify any changes in previously filed registration information. A filing fee of one hundred dollars ($100.00) shall accompany all applications for renewal of NPP status.E. Any person who has exhausted all administrative remedies available to them within the Division, and is aggrieved by a final order or decision of the Division, is entitled to judicial review in accordance with the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1 et seq.).815 R.I. Code R. 815-RICR-30-05-1.3