A. All NPPs
seeking to do business in Rhode Island must file with the Division a notarized
registration application that includes the following
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 the
business being conducted;
9.
Evidence of financial soundness:
a. Evidence
of financial soundness such as surety bonds, a recent financial statement, or
other mechanism as specified by the Division, except those nonregulated power
producers who may be obligated entities shall provide financial security
showing evidence of liquid funds, such as:
(1)
a surety bond;
(2) a certificate of
deposit
(3) an irrevocable standby
letter of credit from an ISO New England Eligible Letter of Credit Bank, a New
York Mercantile Exchange ("NYMEX") or a Chicago Mercantile Exchange ("CME")
approved letter of credit bank, or,
(4) a corporate guarantee from an
investment-grade entity with a Tangible Net Worth of at least ten million
dollars ($10,000,000.00).
(5) The
financial security shall be in an amount of not less than two hundred fifty
thousand dollars ($250,000.00). All financial security provided in satisfaction
of this provision shall name the Commission and the Division as
obligees;
b. Financial
security shall be reviewed each year at the time a nonregulated power producer
makes its annual filing. The above notwithstanding, each obligated entity is
responsible for informing the Division in writing within five (5) business days
of any material adverse change in its financial status. 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 R.I. Gen. Laws Chapter 39-26 as determined by the Public
Utilities Commission. Payments made pursuant to this subsection for violation
of the provisions of R.I. Gen. Laws §
39-26-4 shall be forfeited, and
shall be remitted to the renewable energy development fund established in R.I.
Gen. Laws §
39-26-7, or any successor funds,
and all other forfeitures will be remitted to the state's general
fund;
c. All financial security
provided in satisfaction of this provision, in addition to naming both the
Commission and the Division as obligees, shall meet the language and form
requirements of the Commission and Division as such direction may be provided
from time to time;
10.
Affirmation that the applicant will comply with the Rhode Island General Laws
and all rules and regulations promulgated by the Division and the Public
Utilities Commission ("Commission");
11. Evidence that, in accordance with the
Commission's Reliability Responsibility Regulations, the applicant is either a
NEPOOL participant or has a written agreement with a NEPOOL member through
which such member agrees to include the load served by the NPP in its load. A
copy of this agreement (with any pricing or unrelated commercial terms
redacted) should be included with the applicant's filing;
12. Evidence of authorization from the Rhode
Island Secretary of State to do business in Rhode Island.
B. Copies of all filings made pursuant to
§
1.3(A) of this Part, shall be served on 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.
C.
Unless rejected within thirty (30) days, registration applications filed in
accordance with these rules shall become effective thirty (30) days after
filing. If the Division rejects the application, it shall specify the
applicable reasons in writing and, if practicable, identify alternative ways to
overcome the noted deficiencies. NPPs are authorized to do business in this
state after their registration becomes effective and while their registration
remains in good standing.
D. A
filing fee of one hundred dollars ($100.00) shall accompany all registration
applications filed pursuant to §
1.3(A) of this Part. 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 ($100.00) shall accompany all applications for renewal
of NPP status.
E. Any person who
has exhausted all administrative remedies available to them within the
Division, and is aggrieved by a final order or decision of the Division, is
entitled to judicial review in accordance with the Administrative Procedures
Act (R.I. Gen. Laws §
42-35-1 et seq.).
