§ 39-1-27.1. Retail electric licensing commission plan requirements and nonregulated power producer
registration requirements.
(a) The retail electric licensing commission shall, by January 1, 1997, submit a plan
to the legislature that shall include, but not be limited to, the following:
(1) A recommendation for taxing and/or assessing electric distribution companies, electric
transmission companies, and nonregulated power producers;
(2) Recommendations regarding changes to the regional power pool that would facilitate
the creation of an independent system operator and voluntary power exchange; and
(3) Proposals for consumer protections, access to books and records, and other requirements
the retail electric licensing commission determines to be reasonable, necessary, and
in the public interest.
(b)(1) On or before January 1, 1997, the public utilities commission shall establish regulations
applicable to nonregulated power producers that are selling electricity in this state
that are necessary to meet (directly or through contract) the operating and reliability
standards of the regional power pool.
(2) In addition, the public utilities commission shall participate in all proceedings
before the Federal Energy Regulatory Commission with respect to the modification and/or
termination of wholesale all requirements contracts in place as of January 1, 1996,
between electric-distribution companies operating in this state and their affiliated
power suppliers. The purpose of this participation is to ensure that termination fees
payable by ultimate customers in this state are determined in accordance with the
provisions of § 39-1-27.4. To facilitate this participation, the public utilities commission is authorized
to assess electric-distribution companies under its jurisdiction for its reasonable
expenses incurred in connection with its participation in those proceedings, up to
a maximum of one hundred thousand dollars ($100,000) per year, which assessments shall
be in addition to all other assessments authorized by this title.
(3) On January 1, 1998, and annually for the next four (4) years thereafter, the public
utilities commission shall transmit to the governor, the speaker of the house, and
the president of the senate, a report detailing: developments in the competitive power
supply market in this state; estimated savings realized by customers as a result of
the introduction of retail competition in the power supply market; progress towards
implementation of a regional transmission agreement for New England and other reforms
implemented by the regional power pool; and the status of electric industry restructuring
activities in the other New England states and any recommendations for statutory changes.
(c) All nonregulated power producers seeking to engage in the retail sale of electricity
in this state must file with the division of public utilities and carriers a notarized
registration application that includes the information identified below and any additional
information required by the division of public utilities and carriers pursuant to
regulations issued to protect the public interest in connection with the registration
of entities seeking to sell electricity at retail:
(1) Legal name;
(2) Business address;
(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 business being conducted; and
(9) Evidence of financial soundness, except those nonregulated power producers that may
be obligated entities under § 39-26-2(17) shall provide security such as a surety bond or other financial instrument showing
evidence of liquid funds, such as a certificate of deposit, an irrevocable letter
of credit, a line of credit, a loan, or guarantees in an amount specified by the division,
pursuant to rules and regulations promulgated by the division on or before February
1, 2017, provided that the amount be not less than twenty-five thousand dollars ($25,000),
nor more than five hundred thousand dollars ($500,000). The financial instrument shall
name the public utilities commission and division of public utilities and carriers
as obligees. Financial security shall be reviewed each year at the time a nonregulated
power producer makes its annual filing. 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 chapter 26 of this title, as determined
by the public utilities commission. Payments made pursuant to this subsection for
violation of the provisions of § 39-26-4 shall be forfeited, and shall be remitted to the renewable energy development fund
established in § 39-26-7, or any successor funds, and all other forfeitures will be remitted to the state's
general fund.
(d) Copies of all filings pursuant to subsection (c) shall be served upon 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. Registration applications filed pursuant to subsection
(c) shall become effective thirty (30) days after filing with the division, unless
rejected during the thirty-day (30) period. If the division should reject a registration
application, it shall specify the applicable reasons in writing and, if practicable,
identify alternative ways to overcome any deficiencies. After an opportunity of a
hearing, the division may rescind a nonregulated power producer's registration for
cause. Nonregulated power producers shall be authorized to do business in this state
after their registration becomes effective and while it remains in good standing.
(e) A filing fee of one hundred dollars ($100) shall accompany all registration applications
filed pursuant to subsection (c). 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) shall accompany all applications
for renewal of nonregulated power producer status.