New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 6 - GOVERNMENT ENERGY AGGREGATION PROGRAMS › Section 14:4-6.10 - Contents of a contract between a government aggregator and the selected TPS

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A contract between a government
				aggregator and a TPS for an energy aggregation program shall meet all
				requirements in this subchapter and shall include, at a minimum:
1. The specific responsibilities of the
				government aggregator and the TPS;
2. The charges, rates, and fees for services
				under the energy aggregation program;
3. If applicable, the method and procedures
				to be followed by the TPS to enroll and educate customers concerning the energy
				aggregation program;
4. The terms
				and conditions that shall govern the relationship between the TPS and each
				customer, which shall include provisions that:
i. Allocate the risks associated with
				providing services, between the TPS and the customer receiving the
				services;
ii. Allocate risks
				associated with circumstances or occurrences beyond the control of the parties
				to the contract;
iii. Define
				default, and establishing remedies in case of default by a party to the
				contract; and
iv. Allocate the
				responsibility for any penalties that may be imposed by an LDC as a result of
				over-delivery of electricity or gas, under-delivery of electricity or gas, or
				non-performance by the TPS;
5. Provisions for the use by the TPS of the
				government aggregator's resources, equipment, systems or employees in
				connection with the contract;
6.
				The term of the contract;
7.
				Provisions indemnifying and holding the government aggregator harmless from all
				liabilities, damages and costs associated with any contract between a customer
				and the TPS;
8. A requirement that
				the TPS provide a performance bond if required by the government
				aggregator;
9. Procedures to ensure
				that participation in the aggregation program is consistent with this
				subchapter;
10. Any provisions
				necessary to ensure compliance with the Board's consumer protection rules at
				N.J.A.C. 14:4-7;
11. If
				appropriate, provisions requiring the TPS to provide certain communications to
				customers in a language other than English;
12. A provision that the TPS shall return the
				customers to the LDC at the end of the government energy aggregation program,
				or if there are consecutive government energy aggregation programs, the TPS
				shall return the customers to the LDC at the end of the last consecutive
				government energy aggregation program;
13. A clear description of the customer
				billing arrangements, which shall include who will bill the customer and
				whether budget billing will be available. If budget billing is available, the
				agreement shall provide that a true-up of the account subject to budget billing
				shall be made at least once every 12-month period during the term of the
				government energy aggregation program;
14. A provision stating that all customer
				information that is provided to the TPS for the government energy aggregation
				program shall be deemed confidential and shall not be used or disseminated by
				the TPS for any purpose other than the facilitation of the government energy
				aggregation program; and
15. The
				contract may contain any other terms and conditions that the government
				aggregator deems necessary.