010.01
Certification of Public Convenience
Except as otherwise provided herein, no jurisdictional
utility shall transact business in Nebraska until it has obtained a certificate
from the Commission that public convenience will be promoted by the transaction
of the business and permitting the applicants to transact the business of a
jurisdictional utility in the state. By operation of Neb. Rev. Stat. Sec.
66-1853(3),
all jurisdictional utilities transacting business in this state as of May 31,
2003 were issued a certificate of public convenience based upon its natural gas
service as of that date.
010.01A Every
jurisdictional utility shall be required to furnish reasonably adequate and
sufficient service and facilities for the use of any and all products or
services rendered, furnished, supplied, or produced by such utility.
010.02 Filing Requirements and
Application Process
Applications for a certificate of public convenience must
contain all of the following information and must include prefiled testimony in
support of the application showing:
010.02A The legal name under which the
applicant will operate, a description of the business structure of the
applicant, evidence of authority to do business in Nebraska, certificates of
registration by the Nebraska Secretary of State for all trade names under which
the applicant will operate, and the applicant's state of
incorporation.
010.02B The names,
business addresses and business telephone numbers of the principal officers of
the applicant, or its representatives, who can be contacted regarding its
operations in Nebraska and telephone number(s) at which the applicant can be
contacted.
010.02C Identification
of affiliates, partnerships, political subdivisions, or other joint ventures,
including those affiliates, partnerships, political subdivisions or other joint
ventures that are certified under this section. In addition to a listing of the
names, addresses, and business purpose of affiliates, partnerships, or other
joint ventures required herein, the applicant (s) must also provide a listing
of the names and addresses of all the applicant's affiliates, partnerships,
political subdivisions, or other joint ventures engaged in the provision of
competitive natural gas services in any other state.
010.02D A listing of all legal actions and
formal complaints pertaining to the provision of natural gas services filed
against the applicant or its affiliates at a public utility regulatory body
other than the Commission that were filed or pending in the five years prior to
the date of the request for certificate, including identification of the title
and number of applicable proceedings and a copy of the final orders in such
proceedings or the citation to the website where the text of the orders can be
found. The applicant will also provide any other names under which it does
business.
010.02E Identification of
the states and jurisdictions in which the applicant or an affiliate,
partnership, or other joint venture has had a license or certificate to supply
competitive natural gas services suspended, revoked, or denied, or where the
applicant, partnership, or other joint venture has voluntarily withdrawn from
providing service due to financial or operational reasons. Applicant must
include identification of the title, caption, and docket number of any
applicable proceedings and either (i) a copy of any final orders and court
appeals in such proceedings or (ii) the citation to the website where the text
of the orders can be found.
010.02F
A demonstration that the applicant is ready, willing and able to provide
service under the State Natural Gas Regulation Act and other applicable laws of
the state of Nebraska, and not in violations thereof, and that the public
convenience in Nebraska will be promoted by the transaction of the business by
allowing the applicants to transact the business of a jurisdictional utility in
the state. The applicant will further demonstrate that it possesses the
operational and financial capability to furnish reasonably adequate and
sufficient service and facilities for the use of any and all products or
services rendered, furnished, supplied, or produced by such utility. The
applicant must submit a roster of officers and directors, a description of the
professional backgrounds of the applicant's principal managerial and technical
personnel, an operational flow chart, and a description of the applicant's
facilities and the services it intends to render. A request for confidential
treatment for information contained within the application may be filed with
the Commission, pursuant to Nebraska Administrative Code, Title 291, Chapter 9,
Rule 006.
010.02G Applications must
be filed with the executive director at the Nebraska Public Service Commission,
1200 "N" Street, Suite 300, Lincoln, Nebraska 68508. An original and eight (8)
copies must be filed. An application fee must be included with the application
to cover the administrative costs of accepting and processing a filing. In
addition, each applicant will be billed costs and expenses reasonably
attributable to certification and dispute resolution to applicants and
participants to the proceeding, including Commission time, billed on an hourly
basis, spent reviewing, analyzing and considering the application, and any
costs incurred by or charges made by the Public Advocate that the Commission
may assess with respect to such application.
010.02H An applicant must notify the
Commission during the pendency of the certification request of any material
change in the representations and commitments required by this subsection
within 14 days of such change. Any new legal actions or formal complaints are
considered material changes in the request. Once certified, jurisdictional
utilities must notify the Commission of any material change in the
representations and commitments required for certification within 14 days of
such change.
010.03
Assessment for Jurisdictional Utilities
Pursuant to Section
66-1849(3),
the Commission shall allocate the costs and expenses reasonably attributable to
certification and dispute resolution as authorized in this section to persons
identified as parties to such proceeding who are engaged in or who seek to
engage in providing natural gas services or other persons identified as
participants in such proceeding. The funds received for the costs and expenses
of certification and dispute resolution shall be remitted to the State
Treasurer for credit to the Public Service Commission Regulation
Fund.
