§ 66-T*2 — Registration of energy brokers and energy consultants

* § 66-t. Registration of energy brokers and energy consultants. 1.\nDefinitions. For the purposes of this section, the following terms shall\nhave the following meanings unless the context indicates otherwise:\n a. "Broker compensation" means any payment made to an energy broker or\nenergy consultant for the purposes of securing or procuring of energy\nfor the end-use customer, or advising on the securing or procuring of\nenergy for the end-use consumer.\n b. "Customer disclosure label" means the statement an energy service\ncompany must provide a customer with whom it enters into a sales\nagreement pursuant to the rules and regulations of the public service\ncommission.\n c. "Energy broker" means an entity that assumes the contractual and\nlegal responsibility for the sale of electric supply service,\ntransmission or other services to end-use retail customers, but does not\ntake title to any of the electricity sold, or an entity that assumes the\ncontractual and legal obligation to provide for the sale of natural gas\nsupply service, transportation or other services to end-use retail\ncustomers, but does not take title to any of the natural gas sold.\n d. "Energy consultant" means any person, firm, association or\ncorporation who acts as broker in soliciting, negotiating or advising\nany electric or natural gas contract, or acts as an agent in accepting\nany electric or natural gas contract on behalf of an ESCO.\n e. "Energy service company" or "ESCO" means an entity eligible to sell\nelectricity and/or natural gas to end-use customers using the\ntransmission or distribution system of a utility corporation.\n 2. Acting without registering with the commission. a. (i) No person,\nfirm, association or corporation shall act as an energy broker or energy\nconsultant without first registering with the commission.\n (ii) Any person, firm, association or corporation who or which acts as\nan energy broker or energy consultant in violation of this subdivision\nshall, in addition to other penalties prescribed by law, be subject to a\npenalty not to exceed five thousand dollars for each violation.\n b. No person, firm, association or corporation shall identify or hold\nhimself, herself or itself out to be an energy broker or energy\nconsultant unless registered with the commission.\n c. No person shall accept any commission, service fee, brokerage or\nother valuable consideration for selling, soliciting or negotiating an\nenergy contract in this state if that person is required to be\nregistered under this section and is not so registered, unless stated\notherwise herein.\n 3. Energy broker and energy consultant registration. a. An energy\nbroker or energy consultant shall register with the commission\nauthorizing such registered energy broker or energy consultant to act as\nan energy broker or energy consultant in a manner prescribed by the\ncommission; provided that such: (i) energy broker demonstrates financial\naccountability as evidenced by a bond or other method of financial\naccountability in an amount not less than one hundred thousand dollars;\nand (ii) energy consultant demonstrates financial accountability as\nevidenced by a bond or other method of financial accountability in an\namount not less than fifty thousand dollars.\n b. The commission may refuse to register or revoke a registration if,\nin the commission's judgment, the energy broker or energy consultant\nregistering has given cause for the revocation or suspension of\noperations.\n c. Each registered energy broker or energy consultant shall annually\npay the commission a five hundred dollar registration fee.\n d. Each registered energy broker or energy consultant shall notify the\ncommission upon changing his, her or its legal name.\n 4. Disclosure of compensation. a. Energy brokers and energy\nconsultants shall be required to disclose their form and amount of\ncompensation to customers via a conspicuous statement on any such\ncontract or agreement between the energy agent, energy consultant,\nenergy broker or energy intermediary and its customer.\n b. If an energy service company collects broker compensation on behalf\nof an energy broker or energy consultant, such broker compensation shall\nbe added as a provision to the customer disclosure label and shall\nreflect the amount and method of broker compensation.\n 5. Rebates prohibited. a. No energy broker, energy consultant or any\nother person acting for or on behalf of the energy broker or energy\nconsultant shall offer or make, directly or indirectly, any rebate of\nany portion of the fee, premium or charge made, or pay or give to any\napplicant, or to any person, firm, or corporation acting as agent,\nrepresentative, attorney, or employee of the energy rate payer or any\ninterest therein, either directly or indirectly, any commission, any\npart of its fees or charges, or any other consideration or valuable\nthing, as an inducement for, or as compensation for, any energy supply\nor energy-related business, nor shall any applicant, or any person,\nfirm, or corporation acting as agent, representative, attorney, or\nemployee of the energy rate payer or of the prospective energy rate\npayer or anyone having any interest in the real property knowingly\nreceive, directly or indirectly, any such rebate or other consideration\nor valuable thing. Any person or entity who violates this subdivision\nshall be subject to a penalty equal to the greater of: (i) five thousand\ndollars; or (ii) up to ten times the amount of any compensation or\nrebate received or paid.\n b. For the purposes of this section, "an inducement for, or as\ncompensation for, any energy supply business" shall mean a benefit given\nwith the intention to compensate or offer compensation, directly or\nindirectly, for any past or present placement for a particular piece of\nenergy supply or energy-related business to any applicant, or person,\nfirm, or corporation acting as agent, representative, attorney, or\nemployee of the energy rate payer, lessee, mortgagee or the prospective\nenergy ratepayer, or any interest therein. Nothing contained in\nsubdivision one of this section to the contrary shall prohibit any\nenergy supplier corporation, energy broker, or energy consultant, or any\nother person acting for or on behalf of the energy service company,\nenergy broker or energy consultant from undertaking any usual and\ncustomary marketing activity aimed at acquainting present and\nprospective customers with the advantages of using a particular energy\nsupplier, energy broker, or energy consultant that are not intended for\nthe purpose of a reward for the future placement of, or the past\nplacement of, a particular piece of energy supply business.\n * NB There are 2 § 66-t's\n