reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 5 - ENERGY LICENSING AND REGISTRATION › Section 14:4-5.1 - Scope; general provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				shall apply to the following, as these terms are defined at
				N.J.A.C.
				14:4-1.2:
1.
				Electric power suppliers;
2. Gas
				suppliers;
3. Energy agents,
				including energy consultants. An energy consultant is an energy agent that has
				met additional requirements in this subchapter, and is therefore eligible to
				access certain customer information;
4. Private aggregators; and
5. Local distribution companies
				(LDCs).
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 5 - ENERGY LICENSING AND REGISTRATION › Section 14:4-5.2 - Basic requirements for an electric power supplier or gas supplier license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An electric power supplier or gas
				supplier license shall be issued only if an applicant meets the applicable
				requirements in this section, in addition to all other applicable requirements
				in this subchapter.
(b) To be
				eligible for an electric power supplier or gas supplier license, an applicant
				shall maintain a physical office in New Jersey for the purposes of accepting
				service of process, maintaining the records required under this subchapter, and
				ensuring the licensee's accessibility to State agencies, consumers, and gas and
				electric public utilities. To satisfy this requirement, an applicant shall:
1. Lease or own space in a building in New
				Jersey. The space shall be sufficient to house all records required to be kept
				under this subchapter. The records may be kept in electronic form;
				and
2. Provide the street address
				of the physical New Jersey office. A post office box, rented mail-receiving
				space at a mail service store, virtual office, or the New Jersey registered
				agent address shall not constitute a physical New Jersey office for the
				electric power supplier or gas supplier.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 5 - ENERGY LICENSING AND REGISTRATION › Section 14:4-5.4 - Board review procedure for an initial application for an electric power supplier or gas supplier and for an Annual Information Update Form

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section sets forth the procedures for acceptance and processing of an initial
				application and for an Annual Information Update Form for an electric power
				supplier or gas supplier license.
(b) Within 60 days after receiving an
				application for a license or Annual Information Update Form under this
				subchapter, Board staff shall notify the applicant if additional information or
				investigation is needed to determine whether the applicant has met the
				requirements of this subchapter.
(c) If Board staff requests additional
				information pursuant to (b) above, the following shall apply:
1. The applicant shall have 45 days from the
				date of the request to submit the additional information;
2. If the additional information is not
				submitted within this 45-day period, Board staff shall cancel the initial
				application and provide notice of the cancellation to the applicant or provide
				notice of potential actions by the Board in the case of the Annual Information
				Update Form; and
3. If an
				application is cancelled, any later application submitted by the same entity
				shall be deemed a new application and shall be accompanied by a new application
				fee.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 5 - ENERGY LICENSING AND REGISTRATION › Section 14:4-5.5 - Requirements that apply after a license or registration is issued

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once licensed, an electric power supplier
				or gas supplier shall meet the requirements in this section. Failure to do so
				shall subject the licensee to penalties and to Board proceedings for revocation
				or suspension.
(b) Within 10 days
				after the license is issued, the licensee shall provide a copy of the license
				to all LDCs within whose territory the licensee provides service.
(c) A licensed gas supplier shall meet the
				same requirements for heating value and gas purity that apply to gas public
				utilities under
				14:6-3.3 and 3.4.
(d) A licensee shall maintain the following
				records for a minimum of three years, and shall make them available to Board
				staff within 48 hours after a request. These records shall be maintained in a
				form that can be inspected by Board staff or transmitted to Board staff within
				48 hours after a request:
1. Records, in
				summary form, of energy contracts or transactions entered into with New Jersey
				customers, and of services provided by the supplier to New Jersey
				customers;
2. Copies of all
				contracts or other writings entered into by the supplier, authorizing the
				supplier to provide service to one or more New Jersey customers; and
3. A list of all customer complaints received
				by the licensee during the previous three years or the term of the license,
				whichever is longer, and the resolution of each complaint.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 5 - ENERGY LICENSING AND REGISTRATION › Section 14:4-5.6 - Term and expiration of an electric power supplier or gas supplier license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An electric power supplier or gas
				supplier license shall not expire if the licensee complies with
				N.J.A.C.
				14:4-5.2, and has submitted a complete Annual
				Information Update Form within the 30-day deadline at
				N.J.A.C.
				14:4-5.7(a). Nothing shall
				limit the authority of the Board to deny, suspend, or revoke a license at any
				time, consistent with the provisions of
				P.L.
				1999, c. 23
				(N.J.S.A. 48:3-49et
				seq.).
(b) If a license expires due
				to non-compliance with this subchapter, or if a surety bond expires, the
				contract termination provisions at
				N.J.A.C.
				14:4-7.10(e) shall apply,
				and the licensee shall:
1. Immediately stop
				all advertising and marketing activities;
2. Immediately stop enrolling new
				customers;
3. Continue to serve all
				existing customers (as of the date of license expiration) until directed
				otherwise by Board staff; and
4.
				Submit a complete initial application for a new license within 45 days after
				license expiration, and/or submit a new surety bond within 45 days after surety
				bond expiration, as applicable.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 5 - ENERGY LICENSING AND REGISTRATION › Section 14:4-5.8 - Initial registration procedure-energy agent or private aggregator

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				To be eligible to operate in New Jersey as an energy agent or a private
				aggregator, as defined at
				14:4-1.2, a person shall register
				as required in this section.
(b) A
				registration shall be submitted on forms provided by the BPU, available on the
				Board's website at
www.nj.gov/bpu/
.
				All registration forms shall be accompanied by the appropriate fee set forth at
				14:4-5.1 2.
(c) Within 60 days after receiving a
				registration form, Board staff shall notify the registrant if additional
				information or investigation is needed.
(d) If Board staff notifies the registrant
				that additional information or investigation is needed, the registrant shall
				have 45 days to supply any requested information. If the registrant does not
				submit the requested information within 45 days after the date of the notice
				issued under (c) above, Board staff shall return and reject the request for
				registration.
(e) If Board staff
				does not notify the registrant that additional information or investigation is
				needed, the registration shall be reviewed for approval or denial.
(f) The registration form shall require the
				following types of information:
1. Identifying
				and contact information for the registrant and the registrant's
				business;
2. Background information
				on the registrant's business, including any business affiliations;
3. Evidence of financial integrity, including
				relevant financial records and references;
4. Information regarding the registrant's
				knowledge of and experience in the energy industry;
5. Information regarding any existing,
				pending or past adverse rulings, litigation, liabilities, investigations or
				other matters relating to financial or operational status, including criminal
				charges against the registrant, its employees, or any affiliated entities;
				and
6. Information on all persons
				with ownership interests in the registrant's business, and the form of the
				ownership.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 5 - ENERGY LICENSING AND REGISTRATION › Section 14:4-5.9 - Registration annual information update-energy agent, energy consultant, or private aggregator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registered energy agent, energy
				consultant, or registered private aggregator shall submit an Annual Information
				Update Form within 30 days before the anniversary date of the last approved
				registration or date assigned by the Board, accompanied by a registration
				renewal fee set forth at
				N.J.A.C.
				14:4-5.12.
(b) If a registrant fails to submit a
				complete Annual Information Update Form by the deadline at (a) above, all of
				the following shall apply:
1. The initial
				registration shall expire at the end of its term;
2. Board staff shall not accept a
				registration Annual Information Update Form; and
3. The former registrant shall not act as, or
				represent themselves to others as, an energy agent, energy consultant, or
				private aggregator, as applicable, until the former registrant completes and
				submits a new registration application, accompanied by the fee for an initial
				registration, which is approved in accordance with this subchapter.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 5 - ENERGY LICENSING AND REGISTRATION › Section 14:4-5.10 - LDC responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An LDC shall
				notify the Board of any alleged violations of this subchapter, of which it
				becomes aware.
(b) Except pursuant
				to N.J.A.C. 14:4-5.6(b) or
				(d), an LDC shall not accept, or contract for
				acceptance of, either of the following from a person, unless the person has a
				valid license issued under this subchapter, including the required surety bond:
1. Electric generation service for use by its
				retail customers; or
2. Gas supply
				service for use by its retail customers.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 5 - ENERGY LICENSING AND REGISTRATION › Section 14:4-5.11 - Registration procedure-energy consultant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be
				eligible to operate in New Jersey as an energy consultant, a person shall, in
				addition to meeting all of the requirements for registration as an energy
				agent, meet the requirements in this section.
(b) A registration shall be submitted on
				forms provided by the Board, available on the Board's website at
www.nj.gov/bpu/
. The registration form
				shall require all of the following:
1. Proof
				that the person is a registered energy agent, or, alternatively, all of the
				information required under this subchapter to register as an energy
				agent;
2. A $ 10,000 surety bond;
				and
3. Documentation that the
				person maintains a physical office in New Jersey in accordance with
				N.J.A.C.
				14:4-5.2(b). A post office
				box, rented mail-receiving space at a mail service store, virtual office, or a
				registered agent address shall not constitute a physical New Jersey office for
				energy consultants.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 5 - ENERGY LICENSING AND REGISTRATION › Section 14:4-5.12 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fees for license applications and
				registrations shall include both refundable and nonrefundable components as
				follows:
Electric Power Supplier License
Gas Supplier
						  License
Energy Agent, Private Aggregator, and/or Energy Consultant
						  Registration
Nonrefundable Initial Application Fee
$250.00
$250.00
$500.00
Initial License Fee refunded if license is denied
						  Nonrefundable
$1,000.00
$800.00
$0
Annual Information Update Fee
$500.00
$400.00
$200.00
(b)
				If an applicant applies for more than one license, the applicant shall submit
				the application fees for both licenses. For example, the application fee for
				both an electric power supplier license and a gas supplier license would be $
				2,300. Similarly, an applicant that applies for more than one license shall
				post a surety bond for the sum of the applicable amounts required at
				N.J.A.C.
				14:4-5.4(f). For
				registrants, the application fee remains the same if an applicant applies for
				one, two, or all three registrations. For example, an initial fee for an Energy
				Agent would be $ 500.00 and the initial fee for an Energy Agent and Energy
				Consultant would be $ 500.00 as well.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 5 - ENERGY LICENSING AND REGISTRATION › Section 14:4-5.13 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Failure to comply with any provision of
				this subchapter shall subject the violator to the following penalties in
				accordance with the Board's regulatory and statutory authority:
1. Denial, suspension or revocation of the
				license or registration;
2.
				Financial penalties;
3. Prohibition
				on accepting new customers; and/or
4. Any and all other remedies authorized by
				law.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 6 - GOVERNMENT ENERGY AGGREGATION PROGRAMS › Section 14:4-6.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				governs the establishment of an energy aggregation program for the purchase of
				electric and gas utility services by a government aggregator. An energy
				aggregation program is a government-operated purchasing cooperative through
				which multiple energy consumers purchase energy together. An energy aggregation
				program established under this subchapter may include the purchase of one or
				more of the following, as these terms are defined at
				14:4-1.2:
1. Electric generation service;
2. Gas supply service;
3. Electric related service, including
				appliance repair; and/or
4. Gas
				related service, including appliance repair.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 6 - GOVERNMENT ENERGY AGGREGATION PROGRAMS › Section 14:4-6.3 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A government aggregator may establish an
				energy aggregation program to purchase electric generation service,
				electric-related service, gas supply service or gas-related service, as these
				terms are defined at
				14:4-1.2. The energy aggregation
				program may purchase these services either separately or bundled, for use by
				one or more of the following:
1. The
				government aggregator's own facilities (stand-alone program);
2. Facilities of other government aggregators
				(multi-government program); and/or
3. If the government aggregator is a
				municipality or county, residential and/or non-residential customers
				(government-private program).
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 6 - GOVERNMENT ENERGY AGGREGATION PROGRAMS › Section 14:4-6.4 - Municipal and/or county energy aggregation programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				municipality or county may choose to establish and/or participate in a
				stand-alone energy aggregation program, a multi-government energy aggregation
				program, or a government-private energy aggregation program.
(b) If one or more members of an energy
				aggregation program is a municipality or county, the energy aggregation program
				shall comply with all applicable requirements in the rules of the Department of
				Community Affairs governing local public and public school cooperative
				purchasing, set forth at N.J.A.C. 5:34-7.
(c) If a municipality or county chooses to
				establish or participate in a government-private energy aggregation program,
				such a program shall be authorized by municipal ordinance or county resolution,
				as appropriate.
(d) A county shall
				establish a government-private energy aggregation program only if all of the
				following conditions are met:
1. One or more
				municipalities with residential and/or non-residential customers that will be
				eligible to participate in the program has authorized participation in the
				county energy aggregation program by ordinance;
2. All residential and non-residential
				customers included in the program are within the geographic boundaries of a
				municipality that has approved such participation in the program; and
3. The county energy aggregation program will
				not provide services in a municipality that are already provided by an existing
				energy aggregation program in that municipality.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 6 - GOVERNMENT ENERGY AGGREGATION PROGRAMS › Section 14:4-6.5 - Establishing an Option 1 government-private energy aggregation program

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Each municipality or county that wishes to establish or participate in a
				government-private Option 1 energy aggregation program shall provide a copy of
				the ordinance or resolution adopted pursuant to
N.J.A.C.
				14:4-6.4(c)
to
				each LDC that serves the geographic area governed by the municipality or county
				and to the Board and Rate Counsel pursuant to the instructions at
N.J.A.C.
				14:4-6.4(j)
.
(b) Each participating municipality in an
				Option 1 government-private energy aggregation program shall execute an LDC
				aggregation agreement with each LDC that serves customers in the municipality.
				A detailed description of the LDC aggregation agreement is set forth at
				14:4-6.7.
(c) The LDC shall provide written notice of
				the energy aggregation program to customers in accordance with (d) through (h)
				below, prior to the advertisement for the receipt of bids under
				14:4-6.8.
(d) The notice required under (c) above shall
				be sent to customers as follows:
1. The LDC
				shall send the notice required under (c) above to all residential electric and
				gas customers within the geographic boundaries of each participating
				municipality that are receiving BGS or BGSS from the LDC or are being served by
				a third-party supplier through an expiring government energy aggregation
				program, except residential customers who have advised the municipality, the
				lead agency, or the selected supplier during the current, or a previous
				government energy aggregation program, that they prefer to be excluded from all
				government energy aggregation programs.
2. If requested by the municipality, the LDC
				shall also send a notice to all non-residential electric and gas customers
				located in the municipality.
3. The
				LDC shall send to each applicable municipality, a list of the names and
				addresses of customers from that municipality to whom it intends to send the
				notice. After receiving the list, each participating municipality shall review
				the list to identify any inconsistencies between the municipality's records and
				the addresses that the LDC has identified as being within the geographic
				boundaries of the municipality and to identify customers who are on the
				municipality's list of residential customers who prefer to be excluded from
				government energy aggregation programs. Within five business days of receipt of
				the list, the municipality shall notify the LDC accordingly, so that the LDC
				can adjust the list.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 6 - GOVERNMENT ENERGY AGGREGATION PROGRAMS › Section 14:4-6.6 - Establishing an Option 2 energy aggregation program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				municipality or county that wishes to establish or participate in a
				government-private Option 2 energy aggregation program shall provide a copy of
				the resolution or ordinance adopted pursuant to
N.J.A.C.
				14:4-6.4(c)
to
				each LDC that serves the geographic area governed by the municipality or county
				and to the Board and Rate Counsel pursuant to the instructions at
N.J.A.C.
				14:4-6.4(j)
.
(b) If the program is open to non-residential
				customers, the lead agency and each participating municipality shall issue a
				public notice. The notice shall advise nonresidential customers located within
				the geographic boundaries of the municipality or county that they are eligible
				to participate in the program if they submit an opt-in response to the option
				administrator within 30 calendar days after the resolution or ordinance
				authorizing the program.
(c) Each
				participating municipality in an Option 2 government-private energy aggregation
				program shall execute an LDC aggregation agreement with each LDC that serves
				customers in the municipality. A detailed description of the LDC aggregation
				agreement is set forth at 14:4-6.7.
(d) If a non-residential customer does not
				submit an opt-in response to the option administrator within the 30
				calendar-day response period set forth in the public notice required under (b)
				above, the customer shall not be included in the energy aggregation program.
				However, the contract between the government aggregator and the selected TPS
				may include provisions that allow these customers to join the government energy
				aggregation program at a later date.
(e) If the energy aggregation program
				includes non-residential customers, the option administrator shall provide to
				the LDC the names and account numbers of the nonresidential customers that
				submitted opt-in responses during the 30-day response period set forth in the
				public notice required under (b) above.
(f) Within 10 calendar-days after the date
				upon which all of the following have occurred, the LDC shall provide the
				customer information described at (g) below to the lead agency:
1. Each participating municipality in an
				Option 2 government-private energy aggregation program has executed the LDC
				agreement and has provided it to the LDC for execution;
2. If the LDC aggregation agreement contains
				any conditions that must be met prior to the provision of the information
				required under (g) below, all of these prior conditions have been met;
				and
3. If the energy aggregation
				program includes non-residential customers, the option administrator has
				provided the information required under (e) above.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 6 - GOVERNMENT ENERGY AGGREGATION PROGRAMS › Section 14:4-6.7 - LDC aggregation agreement for government-private energy aggregation programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the
				adoption of an ordinance or resolution authorizing establishment of a
				government-private energy aggregation program, each participating municipality
				shall execute an LDC aggregation agreement with each LDC that serves customers
				in the municipality. The negotiated LDC aggregation agreement will govern the
				working relationship between the participating municipality and the LDC during
				the establishment and operation of the government-private energy aggregation
				program.
(b) The LDC aggregation
				agreement shall require the government aggregator to do the following:
1. Respond to specific inquiries regarding
				the details of the particular government-private energy aggregation
				program;
2. In the case of an
				Option 2 government-private energy aggregation program:
i. Notify residential customers of the
				program in accordance with
				14:4-6.6(q) through
				(s); and
ii. Act as the option administrator, as
				defined at
				14:4-6.2;
3. Reimburse the LDC for its actual,
				incremental costs incurred as a result of this subchapter; and
4. Ensure compliance with all other
				requirements of this chapter that apply to the government aggregator.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 6 - GOVERNMENT ENERGY AGGREGATION PROGRAMS › Section 14:4-6.8 - Advertising for bids, contract award

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A lead agency
				that is establishing an energy aggregation program shall issue an advertisement
				for the receipt of bids from TPSs interested in supplying services to the
				program. Such an advertisement for bids shall include bid specifications and
				shall, at a minimum, meet the requirements of this section and other applicable
				law.
(b) Bid specifications for a
				government-private energy aggregation program shall include:
1. An estimate, by rate class, of the number
				of residential customers, if any, that will participate in the aggregation
				program;
2. An estimate of the
				energy needs of the non-residential customers, if any, that will participate in
				the aggregation program; and
3. A
				specific listing of all government facilities that will be served under the
				energy aggregation program, and an estimate of the energy needs of
				each.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 6 - GOVERNMENT ENERGY AGGREGATION PROGRAMS › Section 14:4-6.9 - Price requirements for government-private programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				governs the rates for services provided to residential and non-residential
				customers under a government-private energy aggregation program.
(b) A contract providing for electric
				generation service and/or gas supply service to residential customers shall not
				set a rate for such service that, at the time of the contract award, exceeds
				the benchmark price, as determined pursuant to this section, except that the
				rate for electric generation service may exceed the benchmark price in
				accordance with (g) below.
(c) The
				contract may set a fixed price per kilowatt hour, or may include a pricing
				structure that allows for fluctuations in price during the life of the
				contract. However, the pricing structure shall not be changed without notice to
				the customers in accordance with
				14:4-6.1 1(a).
(d) The benchmark price for each rate class
				shall be calculated by each LDC and shall not exceed the applicable amount
				specified at (e) or (f) below. Each LDC shall post the benchmark price for each
				rate class on its website and update this information within 24 hours of any
				change. However, if the data underlying the benchmark price for a rate class
				changes daily, or more frequently, the LDC may calculate and post a monthly
				average benchmark price.
(e) The
				benchmark price for electricity generation service shall be:
1. The cost of basic generation service for
				the rate class; plus
2. The pro
				rata value of the cost of compliance with the renewable energy portfolio
				standards at N.J.A.C. 14:8-2, which value is derived from a non-utility
				generation contract with an electric public utility that provides for the
				transfer of certain environmental attributes from the electric public utility
				to a supplier of basic generation service. This pro rata value shall be
				calculated using the average class I and class II price as determined by the
				EDC, multiplied by that reporting year's total kWh output from each EDC's
				committed supply and divided by the fixed price basic generation kWhs sold in
				the reporting year.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 6 - GOVERNMENT ENERGY AGGREGATION PROGRAMS › Section 14:4-6.11 - Notice requirements for changes to active government-private energy aggregation programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If there is a
				change in TPS or pricing structure during the operation of a government-private
				energy aggregation program, all participating residential customers shall be
				promptly notified in writing of their right to decline continued participation,
				as follows:
1. Under an Option 1 program, the
				government aggregator shall notify the LDC(s) that provided the 30-day notice
				to residential customers required under
				14:4-6.5(c), of
				the change in TPS or pricing structure, and provide the LDC(s) with a copy of
				the program change notice. The LDC(s) shall mail the program change notice to
				the residential customers participating in the program; and
2. Under an Option 2 program, the program
				change notice shall be provided to the residential customers participating in
				the program by the lead agency or each participating municipality, whichever
				provided the 30-day notice to residential customers required under
				14:4-6.6(q).
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 7 - RETAIL CHOICE CONSUMER PROTECTION › Section 14:4-7.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to all electric power suppliers,
				  and gas suppliers. Except where specifically addressing residential customers,
				  the consumer protections contained in this subchapter shall pertain to all
				  customers.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 7 - RETAIL CHOICE CONSUMER PROTECTION › Section 14:4-7.3 - Advertising standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				advertisements by a TPS that offers customers optional services, as defined at
				14:4-1.2, whether such
				advertisement is in electronic, print, radio or television media, or via
				telemarketing or an internet website, which specifically targets residential
				customers for electric generation service or gas supply service, shall clearly
				and conspicuously state whether such optional services are provided at an
				additional charge that is not reflected in the advertised cost per kWh or per
				therm, or the advertised percentage savings.
(b) If the costs of the optional services are
				included in the advertised price per kWh or therm, or the advertised percentage
				savings, the advertisement shall provide a toll-free number, local telephone
				number or website where customers may obtain a detailed breakdown of the price
				per kWh or price per therm so the customers may view the rates with and without
				optional services included.
(c) A
				TPS shall include in its advertisements of a general nature, via electronic,
				radio and/or television medium, the following:
1. A toll-free or local telephone number that
				a customer may call or website that a customer may access to request detailed
				information concerning the average price per kWh for, and environmental
				characteristics of, electric generation service or average price per therm for
				gas supply service over the term of a contract for the service being offered,
				exclusive of any charges for any optional services; and
2. The LDC(s) in whose service territory(ies)
				the TPS is offering services. If the TPS offers its services throughout New
				Jersey, the advertisement may state this fact, rather than listing all New
				Jersey LDCs.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 7 - RETAIL CHOICE CONSUMER PROTECTION › Section 14:4-7.4 - Marketing standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In marketing materials provided by the
				TPS to residential customers for the purpose of persuading the customer to
				authorize a switch to the TPS for electric generation service or gas supply
				service, whether such materials are in hardcopy form, electronically or via
				internet websites, the following information, and that in either (b)1 or 2
				below, shall be provided:
1. A toll-free or
				local telephone number, which a customer may call or website, which a customer
				may access to request detailed information concerning the average price per kWh
				for electric generation service or average price per therm for gas supply
				service over the term of a contract for the service being offered, exclusive of
				any charges for any optional services;
2. The period of time over which the
				advertised price is valid;
3. The
				term (duration) of the contract for which the advertised price is being
				offered;
4. The average price per
				kWh for electric generation service or the average price per therm for gas
				supply service being charged for basic generation service or basic gas supply
				service by the LDC over the same period;
5. The TPS's license number;
6. The LDC(s) in whose service territory(ies)
				the TPS is offering the advertised services. If the TPS offers its services
				throughout New Jersey, the materials may state this fact, rather than listing
				all New Jersey LDCs;
7. Other
				materials or information that may be required to comply with the Environmental
				Disclosure Standards; and
8. A
				clear statement indicating whether or not the TPS offers budget billing and, if
				so, that there shall be a true-up at least once every 12 months for accounts on
				budget billing.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 7 - RETAIL CHOICE CONSUMER PROTECTION › Section 14:4-7.5 - Credit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A TPS shall
				employ uniform income, security deposit and credit requirement(s) for purposes
				of making decisions whether to offer service to a customer within the same
				customer class.
(b) A TPS shall
				maintain a written explanation of its income, security deposit and credit
				requirements, which shall be made available to the Board and the Division of
				Consumer Affairs within 48 hours after a request by either agency.
(c) A TPS shall apply such income, security
				deposit and credit requirements in a uniform manner for all customers for the
				same customer class.
(d) In the
				event that a TPS requires a security deposit from a customer, such deposit
				shall be maintained in an interest bearing escrow account, and the customer
				shall be provided a receipt.
(e) A
				TPS shall provide to the customer, upon request a written copy of its policy
				with respect to income, security deposit, and credit requirements.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 7 - RETAIL CHOICE CONSUMER PROTECTION › Section 14:4-7.6A - TPS contract summaries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A TPS
				serving residential customers, or commercial electric customers with a
				cumulative peak load of 50 kilowatts or less or commercial gas customers with a
				cumulative peak load of 5,000 therms or less, but not those served through a
				government energy aggregation program established pursuant to N.J.A.C. 14:4-6,
				shall provide a TPS Contract Summary of all relevant contract provisions to
				these customers, along with the TPS contract upon initiation or renewal of
				service in a standardized format that will be posted under the heading "TPS
				Contract Summary Standardized Format" on the Board's website,
http://www.nj.gov/bpu/
. The TPS
				Contract Summary shall at a minimum:
1.
				Summarize the material terms and conditions of the contract;
2. Be available in Spanish upon request of
				the customer;
3. Include
				instructions explaining how the customer may obtain a Spanish version of the
				TPS Contract Program Summary;
4. Be
				written in plain language;
5. State
				the duration of the contract;
6.
				State, in a 12-point, boldface font, whether the contract is for a fixed rate
				or a variable rate;
7. Provide a
				brief explanation of the difference between a fixed rate and a variable rate
				that is easily understandable by the general public, including an explanation
				on how weather fluctuations may affect the price of variable rate
				contracts;
8. State the price per
				kilowatt hour or per therm as instructed in the posted TPS Contract Summary
				Standardized Format;
9. Utilize
				fonts that are no smaller than 12 point in size;
10. Fit on a single 8.5 inch by 11 inch
				page;
11. List the customer's name,
				address, and local distribution company account number at the top of the TPS
				Contract Summary;
12. Use gas or
				electric terminology as appropriate. If a customer contracts for both gas and
				electric supply service, a separate TPS Contract Summary shall be provided for
				each service;
13. Utilize all of
				the exact headings shown in the boxes on the left side of the posted TPS
				Contract Summary Standardized Format, except that the first box shall use the
				word "electric" or "gas" as appropriate instead of "electric/gas";
				and
14. Include the appropriate
				information in each of the boxes on the right side of the TPS Contract Summary
				based upon the specific instructions in the boxes on the right side of the
				posted TPS Contract Summary Standardized Format.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 7 - RETAIL CHOICE CONSUMER PROTECTION › Section 14:4-7.7 - Customer bills

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All TPS bills
				shall be in clear and conspicuous language and shall contain sufficient
				information to enable a customer to accurately calculate the correct bill
				amount.
(b) All TPS bills shall
				include, at a minimum, all of the following:
1. The billing period and billing
				date;
2. The number of kWhs or
				therms used;
3. The unit price for
				each kWh or therm;
4. If the number
				of kWhs or therms is based on estimates or averages, or on information from a
				remote reading device, the bill shall clearly indicate the basis of the number
				of kWhs or therms;
5. If the bill
				includes charges for optional services provided by the TPS, a separate
				itemization of these charges;
6.
				The name, address and local and/or toll-free telephone number of each TPS for
				which billing is provided, and of each billing aggregator acting on behalf of a
				TPS;
7. The toll-free customer
				service and emergency telephone numbers of the LDC;
8. The address of the Board and the telephone
				number of the Board's Division of Customer Assistance: (973) 648-2350 and
				1-800-624-0241; and
9. Any other
				information the Board requires by order after May 19, 2008.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 7 - RETAIL CHOICE CONSUMER PROTECTION › Section 14:4-7.8 - Customer information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Customer
				information shall not be disclosed, sold or transferred to a third party
				without the affirmative written consent of the customer or alternative
				Board-approved consent methodology, except pursuant to
				14:4-2.3, or under certain
				conditions, for example, a third-party performing services directly for a TPS
				under a binding confidentiality agreement.
(b) In the case of a transfer or sale of a
				TPS, customer consent shall not be required to transfer customer information to
				the subsequent owner of the business in order to maintain continuity of
				electric generation service or gas supply service.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 7 - RETAIL CHOICE CONSUMER PROTECTION › Section 14:4-7.9 - Complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A TPS shall use
				good faith efforts to respond to and resolve all complaints promptly.
(b) If a TPS has been advised that the
				customer is not satisfied with the TPS's response, the TPS shall advise the
				customer that the customer can contact the Board, at 1-800-624-0241, to request
				an alternate dispute resolution procedure or to file a formal
				complaint.
(c) A TPS shall maintain
				a record of the complaints received, how resolved, and still pending, for
				review by the Board upon request, within three days notice.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 7 - RETAIL CHOICE CONSUMER PROTECTION › Section 14:4-7.10 - Termination of a residential contract by a TPS

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A TPS shall not
				terminate a residential contract due to non-payment in cases where charges are
				in dispute, provided undisputed charges are paid and the TPS and customer agree
				to resolve the disputed charges within 30 days of the time that a customer has
				notified the TPS that charges are in dispute.
(b) Residential customers may be terminated
				for non-payment at the time of the next meter reading, but with at least the
				minimum 30 days' written notice to the residential customer, which shall
				include a toll-free or local telephone number of the TPS and the Board, the
				effective date, the reason for the contractual termination, timetable for the
				residential customer to choose another TPS before defaulting to basic
				generation service or gas service, and 15 to 30 days notice to the
				LDC.
(c) TPS shall not terminate a
				separate or independent residential contract due to non-payment of a
				non-residential contract.
(d) A TPS
				shall not terminate a residential contract for gas supply service or electric
				generation service for non-payment of another service, including gas supply
				service, gas related service, electric generation service or electric related
				service.
(e) If a TPS stops serving
				one or more customers without following the procedures at
				14:4-2.3, the TPS shall promptly
				notify the customers and the customers' service shall be switched to BGS or
				BGSS, as appropriate.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 7 - RETAIL CHOICE CONSUMER PROTECTION › Section 14:4-7.10A - Transfer of a residential contract by a TPS

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a TPS purchases another TPS, the
				accounts of customers of another TPS, or the TPS accounts are otherwise
				transferred to an affiliate company:
1. The
				customer shall be notified of the transfer in writing by the acquiring TPS at
				least 30 days prior to the effective date of the customer switch to the
				acquiring TPS;
2. The written
				notice shall advise the customer that the new TPS will serve the customer under
				the same terms and conditions as the prior TPS;
3. The written notice shall advise that a
				customer may choose another energy supplier or return to the LDC prior to the
				account transfer; and
4. The
				customer shall be served under the same terms and conditions as under the
				contract with the prior supplier except that the name, address, and other
				contact information for the TPS may change.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 7 - RETAIL CHOICE CONSUMER PROTECTION › Section 14:4-7.11 - Presentation of New Jersey Sales Tax

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever a TPS provides or publishes its rates and charges,
				  or comparable LDC rates and charges, all of these rates and charges shall be
				  presented inclusive of New Jersey Sales and Use Tax. This includes, but is not
				  limited to, the presentation of rates and charges in advertisements, marketing
				  materials, contracts, verbal and telephone solicitations, verifications and
				  customer bills.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 7 - RETAIL CHOICE CONSUMER PROTECTION › Section 14:4-7.12 - Fixed rates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a TPS signs
				up a customer or renews a customer for a rate that the TPS characterizes as
				"fixed" or "firm," or the TPS uses other language to describe the rate as not
				variable:
1. The TPS must provide the time
				period for which the rate is fixed in that communication; and
2. The TPS may not charge the customer a rate
				that is higher than the fixed rate during the period for which it is fixed,
				except as permitted in
				14:4-7.6 (
l
),
				without the customer's affirmative consent.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 7 - RETAIL CHOICE CONSUMER PROTECTION › Section 14:4-7.13 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				any other penalties, fines, or remedies authorized by law, an electric power
				supplier, gas supplier, broker, energy agent, marketer, private aggregator,
				sales representative, or telemarketer that violates the provisions of
				14:4-7.3(d)1  and
				7.4(n)1 and collects charges for electric generation service or gas supply
				service from a residential customer who was subjected to false or misleading
				advertising or marketing claims by the electric power. supplier, gas supplier,
				broker, energy agent, marketer, private aggregator, sales representative, or
				telemarketer in violation of the provisions of
				14:4-7.3(d)1  and
				7.4(n)1:
1. Shall be liable to the
				residential customer in an amount equal to all charges paid by the residential
				customer after such violation occurs in accordance with any procedures as the
				board may prescribe, whether the electric power supplier or gas supplier
				provided the electric generation service or gas supply service to that
				customer, or the electric generation service or gas supply service was provided
				to the customer by a broker, energy agent, marketer, private aggregator, sales
				representative, or telemarketer who contacted the customer on behalf of the
				electric power supplier or gas supplier; and
2. Shall be liable for a civil penalty
				pursuant to
				48:3-83.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 5 - ELECTRIC SERVICE › Subchapter 1 - SCOPE AND APPLICABILITY › Section 14:5-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				shall govern the operation of all electric distribution companies (EDCs)
				operating within the State of New Jersey.
(b) In addition to complying with this
				chapter, each EDC described at (a) above shall also comply with the applicable
				provisions of the Board's rules for all utilities at N.J.A.C. 14:3.
(c) For the purposes of this chapter, the act
				of any person, as defined at
				14:3-1.1, acting on behalf of an
				EDC, shall be deemed to be the act of the EDC.