§ 35-A §3203 — Licensing of competitive electricity providers; consumer protections; enforcement

1.
Authority.
In order to provide effective competition in the market for the generation and sale of electricity in the State, the commission shall license competitive electricity providers in accordance with this section.
2.
Requirements.
A competitive electricity provider may not undertake the sale of electricity at retail in this State without first receiving a license from the commission. Before approving a license application, the commission must receive from the applicant:
3.
Filings; public information.
The commission shall establish by rule information disclosure and filing requirements for competitive electricity providers. The rules must require a competitive electricity provider to submit updated disclosures of 3rd-party sales agents prior to any agent undertaking any activities on behalf of the provider in order to maintain the accuracy of the information required pursuant to subsection 2, paragraphs G and H and to require the registration of a 3rd-party sales agent not already registered by the commission. The rules must require generation providers to file their generally available rates, terms and conditions with the commission. The commission, subject to appropriate protective orders, may require the submission of individual service contracts or any other confidential information from a competitive electricity provider.
4.
Consumer protection provisions.
As a condition of licensing, a competitive electricity provider that provides or proposes to provide generation service to a residential consumer or to a small commercial consumer:
4-A.
General consumer protections.
As a condition of licensing, a competitive electricity provider:
4-B.
Residential consumer protections.
As a condition of licensing, a competitive electricity provider that provides or proposes to provide generation service to a residential consumer:
4-C.
Residential consumer protection through transmission and distribution utility bill information.
The monthly utility bill for a residential consumer that elects to receive generation service from a competitive electricity provider must contain the following:
5.
Licensing renewals and revocations.
Consistent with all applicable requirements of Title 5, chapter 375, the commission may limit the duration and effectiveness of a license to a specified term, may conduct proceedings for the renewal of licenses and may conduct proceedings for the revocation of a license when a requirement of this section has not been complied with by a competitive electricity provider. The commission shall adopt rules governing the procedures for issuing or revoking a license under this section and related matters.
6.
Consumer protection standards; rules.
The commission shall establish by rule consumer protection standards and standards to protect and promote market competition in order to protect retail consumers of electricity from fraud and other unfair and deceptive business practices. The commission shall prohibit, by rule, a competitive electricity provider or a 3rd-party sales agent from representing itself as an alternative to or affiliated in any way with a transmission and distribution utility. Notwithstanding Title 32, chapter 69, subchapter 5 or Title 32, section 14716, the commission may provide by rule that a competitive electricity provider or a 3rd-party sales agent may satisfy the requirements of subsection 4‑A, paragraph A by obtaining from the customer oral authorization obtained by an independent 3rd party.
7.
Penalties.
The commission may impose administrative penalties upon a competitive electricity provider or a 3rd-party sales agent in accordance with chapter 15.
8.
Dispute resolution.
The commission shall resolve disputes between competitive electricity providers, including 3rd-party sales agents undertaking the retail sale or marketing of electricity on behalf of a provider, and retail consumers of electricity concerning standards or requirements established by or pursuant to subsection 4, 4‑A, 4‑B or 6.
9.
Additional actions.
The commission may impose by rule any additional requirements necessary to carry out the purposes of this chapter, except that this section may not be construed to permit the commission to regulate the rates of any competitive electricity provider.
10.
Cease and desist orders.
The commission may issue a cease and desist order:
11.
Restitution.
The commission may order restitution for any party injured by a violation for which a penalty may be assessed pursuant to this section.
12.
Enforcement.
The commission through its own counsel or through the Attorney General may apply to the Superior Court of any county of the State to enforce any lawful order made or action taken by the commission pursuant to this section. The court may issue such orders, preliminary or final, as it considers proper under the facts established before it.
13.
Notice to Attorney General.
If the commission has reason to believe that a competitive electricity provider, 3rd-party sales agent or transmission and distribution utility has violated any provision of law for which criminal prosecution is provided and would be in order or any antitrust law of this State or the United States, the commission shall notify the Attorney General. The Attorney General shall promptly institute any actions or proceedings the Attorney General considers appropriate.
13-A.
Investigation.
The commission may investigate any matter relating to the provision of service by a competitive electricity provider or the actions of a 3rd-party sales agent undertaking the retail sale or marketing of electricity on behalf of a provider pursuant to this chapter. In conducting an investigation under this subsection, the commission shall use the procedures established under section 1303, subsection 2.
14.
Disconnection restricted.
A transmission and distribution utility may not disconnect service to a consumer due to nonpayment of generation charges or any other dispute with a competitive electricity provider, except that the commission may permit disconnection of electric service to consumers of electricity based on nonpayment of charges for standard-offer service provided under section 3212.
15.
Standard billing.
The commission shall consider requiring standard billing information on bills for electric power service. If standard billing information is required, the commission shall investigate the possibility of adopting standards consistent with other New England states. The commission may not prohibit transmission and distribution utilities from contracting with generation service providers to include both entities' charges on a single bill. The commission may not preclude the inclusion of other information on bills for electric power service.
16.
Access to load data.
Upon request from a competitive electricity provider, the commission shall provide load data on a class basis that is in the possession of a transmission and distribution utility, subject to reasonable protective orders to protect confidentiality, if considered necessary by the commission.
16-A.
Customer information.
A transmission and distribution utility may not release any customer-specific information to a licensed competitive electricity provider unless the provider produces sufficient evidence, as defined by the commission by rule, that the provider has obtained the customer's authorization.
17.
Rules.
Except as otherwise provided in this section, rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A.
18.
Confidentiality of consumer information.
Information concerning customers of a competitive electricity provider or customers contacted or enrolled by any of its 3rd-party sales agents is subject to the same confidentiality protections afforded utility customer information under section 704, subsection 5.

Legislative History

PL 1997, c. 316, §3 (NEW). PL 1999, c. 237, §1 (AMD). PL 1999, c. 398, §§A74,75,J1, 2 (AMD). PL 1999, c. 398, §§A104,105 (AFF). PL 1999, c. 657, §§18-20 (AMD). PL 2001, c. 71, §1 (AMD). RR 2003, c. 2, §112 (COR). PL 2003, c. 505, §29 (AMD). PL 2003, c. 558, §§1-5 (AMD). PL 2011, c. 284, §§1-4 (AMD). PL 2017, c. 74, §1 (AMD). PL 2021, c. 108, §5 (AMD). RR 2021, c. 2, Pt. A, §123 (COR). PL 2023, c. 375, §1 (AMD). PL 2023, c. 636, §1 (AMD).