815 R.I. Code R. 815-RICR-30-05-1.5

Current through December 3, 2024
Section 815-RICR-30-05-1.5 - Dispute Resolution Regulations Relating to NPP's
A. Breach of contract claims or billing disputes between NPPs and customers that cannot be privately resolved should be resolved through appropriate legal action.
B. Disputes between NPPs, customers, or other aggrieved parties relating to violations of the Commission's Consumer Protection Regulations and/or these regulations are subject to the following:
1. Any party who believes they have been or will be aggrieved by a violation of the Division's Nonregulated Power Producer ("NPP") Consumer Bill of Rights (Part 2 of this Subchapter) and/or these regulations may file a complaint with the Division.
2. The Attorney General, as a matter of right, may file a complaint with the Division against any NPP to seek enforcement of the Division's Nonregulated Power Producer ("NPP") Consumer Bill of Rights (Part 2 of this Subchapter) and/or these regulations.
3. The form of the complaint should clearly set forth:
a. The facts at issue;
b. The position of the petitioner;
c. A statement of why the petitioner is aggrieved and what rules or requirements were violated; and
d. The relief being sought.
4. A copy of the complaint must be provided to the NPP or opposing party. However, if a customer files a complaint with the Division, it will not be dismissed as to form, nor will it be dismissed for failure to serve a copy on the NPP.
5. The NPP or opposing party that is the subject of a complaint will have ten business days to respond. If the NPP was not served a copy of the complaint, the NPP will have ten business days from receipt of a copy from the Division. However, if the Division determines that the nature of the complaint requires expeditious action, the Division reserves the right to require a shorter response period and/or take whatever action is reasonably necessary to protect the public while the hearing is pending.
6. Any person or entity whose interests will be substantially and significantly affected by the outcome of proceedings under this rule may file a motion to intervene. The motion must clearly set forth the interests of the party seeking intervenor status.
a. The Division shall grant such motion if:
(1) The person's or entity's interests will be substantially and significantly affected by the outcome of the proceedings under this rule; and
(2) The interests cannot be adequately represented by other parties to the proceeding.
b. Alternatively, the Division can grant a party or entity limited intervenor status which would allow that intervenor the right to submit written comments.
7. Written Decision
a. Within ten business days of the close of the hearing or receipt of briefs (if required by the Division), a written decision will be rendered, unless the Division notifies the parties that an extension of time, not to exceed fifteen additional business days, will be required.
8. Appeals
a. Any decision of the Division issued in conformance with these Rules shall be final and binding upon the parties unless appealed under the Rhode Island Administrative Procedures Act (R.I. Gen. Laws § 42-35-1, et seq.).

815 R.I. Code R. 815-RICR-30-05-1.5