Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 9 - NATURAL GAS AND PIPELINE RULES AND REGULATIONS › Section 291-9-011 - CERTIFICATION OF COMPETITIVE NATURAL GAS PROVIDERS AND AGGREGATORS

Current through June 17, 2024
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.