011.01
General Requirement to Obtain Certificate:
A person must not provide competitive natural gas services to
a Nebraska retail end-user, including a high volume ratepayer, without a
certificate approved by the Commission pursuant to Neb. Rev. Stat. §
66-1849.
A certified CNGP shall not be required to obtain a separate certificate as an
aggregator in order to perform services as an aggregator.
011.02
Filing Requirements and
Application Process:
Applications for a certificate to provide competitive natural
gas services must contain all of the following information
011.02A 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.
011.02B The names,
business addresses and business telephone numbers of the principal officers of
the applicant who can be contacted regarding its operations in Nebraska and
telephone number(s) at which the CNGP can be contacted 24 hours a
day.
011.02C Identification of
affiliates that are certified under this section and a listing of the names and
addresses of all the applicant's affiliates engaged in the provision of
competitive natural gas services in any other state.
011.02D A listing of all legal actions and
formal complaints pertaining to the provision of competitive natural gas
services filed against the applicant or its affiliates at a public utility
regulatory body other than the Commission that were pending in the 12 months
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.
011.02E
Identification of the states and jurisdictions in which the applicant or an
affiliate has had a license or certificate to supply competitive natural gas
services suspended, revoked, or denied, or where the applicant has voluntarily
withdrawn from providing service due to financial or operational reasons.
Applicant must include identification of the title and number
of any applicable proceedings and a copy of any final orders in such
proceedings or the citation to the Website where the text of the orders can be
found.
011.02F A
demonstration that the applicant has the operational and financial capability
to obtain and deliver the services it proposes to offer. At a minimum,
applicants are required to submit financial statements. The applicant must
submit a balance sheet, statement of income, statement of cash flow, and, if
applicable, a statement of shareholders' equity and the applicant's debt
structure, including bond rating. As a demonstration of the applicant's
operational ability, 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 this information may be filed
with the Commission, pursuant to Nebraska Administrative Code, Title 291,
Chapter 9, Rule 006.
011.02G
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.
011.02H 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,
CNGPs must notify the Commission of any material change in the representations
and commitments required for certification within 14 days of such
change.
011.03
Assessment for Certification of Competitive Natural Gas Providers
and Aggregators:
Pursuant to Section 49{3) of LB 790 [2003], 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.
011.04
Conditions of
Certification:
Failure to comply with the following conditions of
certification may result in revocation of the certificate:
011.04A
Unauthorized
Charges: A CNGP must not charge or attempt to collect any charges
from end-users for any competitive natural gas services or equipment used in
providing competitive natural gas services not contracted for or otherwise
agreed to by the end-user.
011.04B
Notification of Emergencies: Upon receipt of
information from an end-user of the existence of an emergency situation with
respect to delivery service, a CNGP must immediately contact the appropriate
natural gas public utility whose facilities may be involved. The CNGP must also
provide the end-user with the emergency telephone number of the natural gas
public utility.
011.04C
Bond Requirement: The Commission may require the
applicant to file a bond or other demonstration of its financial capability to
satisfy claims and expenses that can reasonably be anticipated to occur as part
of operations under its certificate, including the failure to honor contractual
commitments. The adequacy of the bond or demonstration shall be determined by
the Commission and reviewed by the Commission from time to time. In determining
the adequacy of the bond or demonstration, the Commission shall consider the
extent of the services to be offered, the size of the provider, and the size of
the load to be served, with the objective of ensuring that the Commission's
financial requirements do not create unreasonable barriers to market
entry.
011.04D
Yearly
Revenue Report Requirement: No later than September 1st of every
year, each CNGP shall file with the Commission a report stating the total
annual dekatherms delivered and sold to residential customers within each
utility rate area in the preceding year beginning July 1 and ending June 30 and
the total revenues associated with the sale of natural gas to all
jurisdictional customers within each utility rate area in such year.
011.04D1 All reports required under this
section shall be under oath and shall be identified with the name of the CNGP
as it appears in the most recent Commission order granting the CNGP
certification.
011.04D2 All reports
made to the Commission by a CNGP and the contents thereof shall be open to
public in-pecion, unless otherwise ordered by the Commission.
011.04D3 When any report is erroneous or
defective or appears to the Commission to be erroneous or defective, the
Commission may notify the CNGP to amend that report within 30 days, and before
or after the termination of the period the Commission may examine the officers,
agents, or employees, and books, records, accounts, vouchers, plant, equipment
and property of the CNGPs, and correct items in the report the Commission finds
defective or erroneous.
011.04E
Restrictions: The Commission may, pursuant to LB 790,
Sec. 49 [2003], establish reasonable conditions or restrictions on a
certificate as a competitive natural gas provider at the time of
issuance.
011.04F
Representations: No representation or warranty made by
an applicant shall be false or misleading in any material respect when made or
when deemed made.