reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 7 - BILLS AND PAYMENTS FOR SERVICE › Section 14:3-7.6 - Disputes as to bills

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A customer that
				disputes a charge shall so notify the utility, and shall pay all undisputed
				charges.
(b) If the utility and the
				customer do not resolve the dispute, the utility shall notify the customer
				that:
1. The customer may make a request to
				the Board for an investigation of the disputed charge;
2. The request for investigation shall be
				made within five business days after the customer contacts the utility to
				dispute the charges; and
3. If the
				customer does not make a request for investigation within five days, the
				customer's service will be discontinued for nonpayment in accordance with
				N.J.A.C. 14:3-3A.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 7 - BILLS AND PAYMENTS FOR SERVICE › Section 14:3-7.7 - Deferred payment agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a
				residential customer advises the utility that the customer wishes to discuss a
				deferred payment agreement because said customer is presently unable to pay a
				total outstanding bill and/or deposit, the utility shall make a good faith
				effort to provide the customer with an opportunity to enter into a fair and
				reasonable deferred payment agreement(s), which takes into consideration the
				customer's financial circumstances.
(b) The following shall apply to a deferred
				payment agreement(s) under this section:
1.
				The utility shall not require a residential customer to pay, as a down-payment,
				more than 25 percent of the total outstanding bill due at the time the
				agreement(s) is made or executed;
2. In the case of a residential customer who
				received more than one utility service from the same utility, if the amount,
				which is in arrears is a combination of those services, the utility shall offer
				a separate deferred payment agreement for each service based on the outstanding
				balance for that service;
3. The
				utility shall not require a customer described under (b)2 above to accept two
				or more deferred agreements that extend over the same time period;
4. A customer described under (b)2 above
				shall have the option to enter into a deferred payment agreement(s) for one
				service and have the remaining service(s) disconnected until satisfactory
				arrangements for payment can be made;
5. A utility shall renegotiate and/or amend
				the deferred payment agreement of a residential customer if said customer
				demonstrates that his or her financial circumstances have changed significantly
				because of factors beyond his or her control;
6. A non-residential electric, gas, water
				and/or wastewater customer shall be allowed to enter into a deferred payment
				agreement for a period of no more than three months; and
7. A utility shall not require a
				non-residential electric, gas or Class A water utility customer or a customer
				of a wastewater utility that meets the Class A water utility revenue threshold,
				to pay a down payment of more than one half of the amount past due and owing at
				the time of entering into a deferred payment agreement.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 8 - EXTENSIONS TO PROVIDE REGULATED SERVICES › Section 14:3-8.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				governs the construction of an extension, as defined at
				14:3-8.2, including:
1. Whether an extension is placed overhead or
				underground;
2. How much of the
				cost of an extension is paid by the applicant for the extension;
3. Whether the regulated entity requires a
				deposit or a non-refundable contribution; and
4. If a deposit is required, how much of the
				deposit will be refunded to the applicant, and on what schedule any refund will
				be made.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 8 - EXTENSIONS TO PROVIDE REGULATED SERVICES › Section 14:3-8.4 - Requirement to put certain extensions underground

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section governs whether an extension, as defined at
				14:3-8.2, shall be made
				underground or overhead.
(b) An
				extension for water, wastewater treatment, or gas service shall be underground
				in all cases.
(c) An extension of
				high-capacity main line electric distribution facilities with a capacity of
				four megavolt amps (MVA) or more may be made overhead.
(d) An extension of electric or
				telecommunications service to residential development shall be made underground
				if both of the criteria below are met. Portions of the extension that do not
				meet these criteria may be made overhead:
1.
				The extension is located within, and will serve, a development of three or more
				residential units in the same geographic area that do not have electric or
				telecommunications service as of August 15, 2005; and
2. Either of the following criteria are met:
i. The extension will be placed along streets
				that were constructed after August 15, 2005; or
ii. The extension will be placed along
				streets constructed prior to August 15, 2005, which are not already served by
				overhead facilities.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 8 - EXTENSIONS TO PROVIDE REGULATED SERVICES › Section 14:3-8.6 - Deposits, contributions, and refunds-Internal Revenue Code gross up for income taxes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section applies to a regulated
				entity that:
1. Collects a deposit or
				non-refundable contribution that is taxable in whole, or in part, pursuant to
				the Internal Revenue Code; and
2.
				Includes in the deposit or non-refundable contribution the associated tax
				consequences incurred by the regulated entity pursuant to the Internal Revenue
				Code.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 8 - EXTENSIONS TO PROVIDE REGULATED SERVICES › Section 14:3-8.11 - Suggested formula for allocating extension costs-single residential customer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The requirements in this section apply in
				addition to the requirements at
				N.J.A.C.
				14:3-8.9. This section addresses how Board
				staff will apply the suggested formula to the costs of an extension that will
				serve only a single residential customer. This section does not address how
				deposits, non-refundable contributions, or refunds will be grossed up to
				reflect the tax consequences incurred by the regulated entity *pursuant to* the
				Internal Revenue Code, which is addressed at
				N.J.A.C.
				14:3-8.6.
(b) To determine the deposit required for an
				extension subject to this section, the regulated entity shall:
1. Estimate the actual cost of the extension
				required to bring service to the customer from the nearest existing
				infrastructure;
2. Estimate the
				annual distribution revenue that will be derived from the customer, and
				multiply it by 10 for gas, electric, and telecommunication regulated entities,
				and by 2.5 for water and wastewater regulated entities, to obtain the estimated
				distribution revenue over the applicable multi-year period; and
3. Subtract the estimated applicable
				multi-year period distribution revenue determined under (b)2 above from the
				estimated cost of the extension determined under (b)1 above. This is the amount
				of the deposit.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 8 - EXTENSIONS TO PROVIDE REGULATED SERVICES › Section 14:3-8.13 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
Noncompliance with this subchapter shall subject the
				  violator to penalties and other enforcement action in accordance with
				  applicable law.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 12 - UTILITY MANAGEMENT AUDITS › Section 14:3-12.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to all public utilities, as
				  defined at
				  14:3-1.1.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 12 - UTILITY MANAGEMENT AUDITS › Section 14:3-12.2 - Initiation of audit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where the Board
				determines that an audit of a utility is necessary or desirable, it shall order
				the audit to be performed and shall establish the objective, scope, and other
				factors it deems pertinent to said audit.
(b) The Board may require an audit to be
				performed by members of its staff or by an independent management consulting
				firm under the supervision of members of the Board's staff.
(c) The Board may require that a written
				agreement, setting forth all terms and conditions of the audit, be signed by
				authorized representatives of the utility and the selected consulting
				firm.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 12 - UTILITY MANAGEMENT AUDITS › Section 14:3-12.3 - Results of audit

Current through Register Vol. 56, No. 14, July 15, 2024
Upon completion and review of an audit, the Board's staff
				  shall permit the utility to review its findings of said audit and to provide
				  written comments which shall be incorporated into the results filed with the
				  Board.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 12 - UTILITY MANAGEMENT AUDITS › Section 14:3-12.4 - Implementation of results

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The utility may
				adopt, or the Board may order, the implementation of new or altered practices
				and procedures, as determined by the results of the audit.
(b) The Board's staff shall formulate, with
				the assistance of the utility, detailed plans to implement new or altered
				practices and procedures.
(c) The
				Board's staff shall monitor, evaluate and modify, as necessary, the
				implementation of new or altered practices and procedures to ensure the
				promotion of efficient and adequate service to meet the public convenience and
				necessity.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 13 - INTEREST ON OVER OR UNDER RECOVERED COST BALANCES UNDER ADJUSTMENT CLAUSES › Section 14:3-13.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				provides for a gas, water, or wastewater public utility to pay interest to
				customers on over/under-recovered gas, water, or wastewater cost balances, as
				these terms are defined at
				14:3-13.2, which result from the
				operation of the following:
1. Periodic Basic
				Gas Supply Service (BGSS) pricing clauses;
2. Purchased Water Adjustment Clauses;
				and
3. Purchased Wastewater
				Treatment Adjustment Clauses.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 13 - INTEREST ON OVER OR UNDER RECOVERED COST BALANCES UNDER ADJUSTMENT CLAUSES › Section 14:3-13.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise. Additional definitions that apply to this subchapter can be found at
				  14:3-1.1 and
				  14:4-1.2.
"Base cost of purchased wastewater treatment" has the same
				  meaning as is assigned to this term at
				  14:9-7.2.
"Base cost of purchased water" has the same meaning as
				  defined in
				  14:9-7.2.
"Over/under-recovered gas cost balance" means the amount that
				  a gas utility has recovered from customers through basic gas supply service
				  (BGSS) charges to date, less the net prudently incurred costs that the Board
				  has determined are recoverable through BGSS charges to date. If the recoveries
				  through BGSS charges to date exceed the utility's net gas costs to date, the
				  amount of excess is the utility's over-recovered gas cost balance. If the
				  utility's gas costs to date exceed the utility's net recoveries through BGSS
				  charges to date, the amount of excess is the under-recovered gas cost
				  balance.
"Periodic Basic Gas Supply Service charge" or "periodic BGSS
				  charge" means a charge that the Board authorizes a gas utility to collect from
				  all of its periodic BGSS customers, which is designed to enable the utility to
				  recover the net cost of natural gas, or a substitute or supplemental fuel, that
				  the utility has sold to customers.
"Periodic BGSS customer" means a customer who receives gas
				  service under a periodic BGSS tariff.
"Periodic BGSS pricing clause" means the mechanism through
				  which the Board authorizes a gas utility to adjust its periodic BGSS charge.
				  These adjustments are made with the goal of achieving a zero over/under
				  recovered gas cost balance by a specific date. The parameters for periodic BGSS
				  pricing clauses are governed by various Board Orders including, but not limited
				  to, the Board's Order in Docket Number GX01050304, dated January 6,
				  2003.
"Purchased Wastewater Treatment Adjustment Clause" or "PWTAC"
				  has the same meaning as defined in
				  14:9-7.2.
"Purchased Water Adjustment Clause" or "PWAC" shall have the
				  same meaning as defined in
				  14:9-7.2.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 3 - ALL UTILITIES › Subchapter 13 - INTEREST ON OVER OR UNDER RECOVERED COST BALANCES UNDER ADJUSTMENT CLAUSES › Section 14:3-13.3 - Interest calculation on over or under recoveries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each utility
				shall determine whether it owes interest to customers on excess funds recovered
				through adjustment clauses, and shall calculate any interest owed, in
				accordance with this subchapter. In no event shall interest be due to the
				utility as a result of a BGSS pricing clause, a purchased water adjustment
				clause, or a purchased wastewater treatment adjustment clause.
(b) The calculation of the amount of interest
				owed to customers, if any, shall cover the "applicable period," which shall be
				the 12-month period under review in the clause proceeding, unless otherwise
				specified by the Board.
(c) A gas
				utility, or a Class A water utility, or a wastewater utility that meets the
				revenue threshold for a Class A water utility, shall calculate the interest due
				to customers as follows:
1. Determine the
				interest rate to be used in the calculation as follows:
i. Divide the utility's Board-approved
				overall rate of return, in effect at the time of the calculation, by 12;
				and
ii. Round the amount derived
				under (c)1i above to four decimal places; and
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 14:4-1.1 - Applicability and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				applies to various regulated entities involved in the supply of electricity and
				natural gas, as set forth at (b) through (e) below. If more than one subchapter
				applies to a given type of entity, the entity shall comply with the
				requirements in all applicable subchapters.
(b) This chapter applies to the following, as
				these terms are defined at
				14:4-1.2:
1. Electric public utilities;
2. Electric power suppliers;
3. Gas public utilities;
4. Gas suppliers;
5. Energy agents, including energy
				consultants;
6. Government
				aggregators;
7. Private
				aggregators;
8. Public utility
				holding companies (PUHCs); and
9.
				BGS providers.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 2 - ENERGY ANTI-SLAMMING › Section 14:4-2.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				is intended to protect against unauthorized changes or "switches" in a
				customer's electric power supplier or natural gas supplier, as required by the
				Electric Discount and Energy Competition Act,
				P.L.
				1999, c. 23,
				section
				37,
				48:3-86 et seq.
(b) This subchapter applies to local
				distribution companies (LDCs) and third-party suppliers (TPSs), as these terms
				are defined at
				14:4-1.2.
(c) This subchapter applies to the switching
				of a customer in either of the following situations:
1. A switch from one TPS to another TPS;
				or
2. A switch from an LDC to a
				TPS.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 2 - ENERGY ANTI-SLAMMING › Section 14:4-2.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise. Additional definitions that apply to this subchapter can be found at
				  14:3-1.1 and in
				  14:4-1.2.
"Authorized TPS" means a TPS that a customer has voluntarily
				  chosen in accordance with this subchapter.
"Change order" means a request, submitted by a TPS to an LDC,
				  to switch the customer from one provider of electric generation service or gas
				  supply service to another provider. A change order can apply to a switch from a
				  TPS to another TPS, or from an LDC to a TPS.
"Subject customer" means a customer whose account is the
				  subject of a change order, slamming complaint, or other action related to this
				  subchapter.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 2 - ENERGY ANTI-SLAMMING › Section 14:4-2.3 - Change order required for switch

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No TPS shall
				submit a change order to an LDC, unless the change order complies with this
				subchapter.
(b) To comply with this
				subchapter, a change order shall meet all of the following requirements:
1. The change order shall be transmitted from
				the TPS to the LDC through an Electronic Data Interchange (EDI) transaction, or
				through another electronic information exchange system with equivalent speed
				and security. Information on EDI may be found at the Board's website at
http://www.nj.gov/bpu/about/divisions/energy/edi.html
;
				and
2. The change order shall
				demonstrate, through compliance with the verification requirements at (c)
				below, that the customer has authorized the switch affirmatively and
				voluntarily.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 2 - ENERGY ANTI-SLAMMING › Section 14:4-2.4 - Signing up or switching customers electronically

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A TPS that uses
				electronic methods to sign up customers, renew customers' contracts for
				service, and/or obtain authorization to switch a customer, shall comply with
				this section.
(b) If a TPS uses
				electronic methods to sign up, renew, or switch customers, the TPS shall comply
				with the Uniform Electronic Transaction Act,
				12A:12-1 through 26.
(c) A TPS that uses electronic signup,
				renewal or switching shall maintain a website that includes, at a minimum, the
				following:
1. A statement that the customer,
				by using electronic signup, renewal, or switching, is consenting to the terms
				and conditions listed on the website in electronic form;
2. A separate statement as to software
				requirements for a customer to access and retain electronic records of the
				transactions made on the website; and
3. A mechanism to obtain the customer's
				acknowledgement of the customer's affirmative obligation to provide the TPS
				with any change in e-mail address, and/or with any withdrawal of consent for
				the electronic retention of contracts or other customer information.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 2 - ENERGY ANTI-SLAMMING › Section 14:4-2.5 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All change
				orders and records of customer authorization of switches shall be retained by
				the TPS for a minimum of three years, except pursuant to (c) below, and shall
				be made available to Board staff upon request.
(b) The TPS shall maintain a record of the
				following:
1. The date and time of the
				customer's acceptance of service; and
2. The terms and conditions of service that
				the customer accepted, in the same form as the terms of service were presented
				to the customer.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 2 - ENERGY ANTI-SLAMMING › Section 14:4-2.6 - LDC notice to customer of a change order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an LDC
				receives a change order from a TPS to switch a customer's energy supplier, the
				LDC shall notify the subject customer of the change order.
(b) The notice required in (a) above shall be
				sent in writing, within one business day after the LDC receives or prepares the
				change order. The Board may modify this time frame for a particular LDC, in
				special cases and for good cause shown, by Board order.
(c) The notice required in (a) above shall
				notify the customer of his or her choice of supplier and, for a residential
				customer, that the customer will have a minimum of seven calendar days from the
				date of the confirmation notice to contact his or her LDC and rescind the TPS
				selection.
(d) When an LDC receives
				a change order from a TPS to switch a customer's energy supplier as part of a
				government energy aggregation program that is established pursuant to N.J.A.C.
				14:4-6, the notice required in (a) above shall:
1. Comply with (b) and (c) above;
				and
2. Specifically notify the
				subject customer that the switch is being made pursuant to a government energy
				aggregation program that has been established by the local township,
				municipality, or county, or, if the LDC has not yet implemented a method of
				identifying its customers who are being served by a TPS as part of a government
				energy aggregation program pursuant to
N.J.A.C.
				14:4-6.4(k)
2,
				include a statement that the switch may have been made pursuant to a government
				energy aggregation program that has been established by the local township,
				municipality, or county.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 2 - ENERGY ANTI-SLAMMING › Section 14:4-2.7 - Slamming complaints and investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A customer that
				believes it has been the victim of slamming may contact the TPS to resolve the
				problem, and/or may contact the Board and file a written complaint.
(b) If a customer contacts the Board with an
				allegation that the customer has been slammed, the portion of the customer's
				bill that relates to the TPS's services shall be considered in dispute starting
				upon the date of the switch that is the subject of the slamming complaint. The
				TPS shall be subject to the same procedures and requirements that apply to a
				utility involved in a billing dispute, as set forth at
				14:3-7.6.
(c) The Board may investigate an allegation
				of slamming or any other violation of this subchapter upon its own initiative
				or upon a complaint.
(d)
				(Reserved)
(e) If the Board finds
				that a customer has been slammed, the customer shall not be liable to its
				authorized TPS or its LDC for any charges in excess of those the customer would
				have been liable for had the slamming not occurred.
(f) If a customer disputes a switch, either
				before or after the LDC effectuates the switch, the TPS shall produce all
				documentation required under
				14:4-2.3(c) 
				and/or (g) and/or 2.4, within 10 business days after a request by the customer
				or the Board.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 2 - ENERGY ANTI-SLAMMING › Section 14:4-2.8 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the
				purposes of this subchapter, the act of any person, as defined at
				14:4-1.2, acting on behalf of a
				TPS, shall be deemed to be the act of the TPS; and the act of any person acting
				on behalf of an LDC shall be deemed to be the act of the LDC.
(b) Any person determined by the Board, after
				notice and hearing, to have violated any provision of this subchapter shall be
				subject to one or more of the following:
1.
				Suspension or revocation of the TPS's authority to conduct business in New
				Jersey;
2. Financial penalties as
				permitted by law; and
3. Any and
				all other remedies authorized by law.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 3 - AFFILIATE RELATIONS › Section 14:4-3.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				shall apply as follows:
1.
										14:4-3.3 through 3.5 set forth
				standards of conduct applicable to transactions, between an electric public
				utility or gas public utility, including a related competitive business segment
				of an electric or gas public utility, and a related competitive business
				segment of the electric or gas public utility holding company providing or
				offering competitive services to retail customers in New Jersey or the public
				utility holding company itself providing or offering competitive services to
				retail customers in New Jersey;
2.
										14:4-3.6 sets forth standards of
				conduct applicable to electric and/or gas public utilities and the related
				competitive business segments of each electric public utility and gas public
				utility, as well as the transactions, interactions and relations between an
				electric and/or gas public utility and a related competitive business segment
				of an electric and/or gas public utility; and
3.
										14:4-3.7 through 3.9 address
				regulatory oversight, dispute resolution and violations and penalties
				applicable to electric and/or gas public utilities regarding affiliate
				relations, fair competition, accounting standards and related reporting
				requirements.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 3 - AFFILIATE RELATIONS › Section 14:4-3.3 - Nondiscrimination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An electric
				and/or gas public utility shall not unreasonably discriminate against any
				competitor in favor of its affiliate(s) or related competitive business
				segment.
(b) An electric or gas
				public utility shall not represent that, as a result of the relationship with
				the electric and/or gas public utility or for any other reason, a related
				competitive business segment of its public utility holding company, or
				customers of a related competitive business segment of its public utility
				holding company will receive any different treatment by the electric and/or gas
				public utility than the treatment the electric and/or gas public utility
				provides to other, unaffiliated companies or their customers.
(c) An electric or gas public utility shall
				not provide a related competitive business segment of its public utility
				holding company, or customers of a related competitive business segment of its
				public utility holding company, any preference (including, but not limited to,
				terms and conditions, pricing, or timing) over non-affiliated suppliers or
				their customers in the provision of products and/or services offered by the
				electric and/or gas public utility.
(d) Transactions between an electric and/or
				gas public utility and a related competitive business segment of its public
				utility holding company shall be prohibited, except for the following:
1. Tariffed products and services;
2. The sale or purchase of goods, property,
				products or services made generally available by the electric and/or gas public
				utility, by the PUHC or a related competitive business segment of its public
				utility holding company to all market participants through an open, competitive
				bidding process; or
3. As provided
				for in 14:4-3.5(g) and
				(h), in (i) and (j) or 3.6(a) through (f),
				provided the transactions specified in
				14:4-3.6 comply with all other
				applicable rules.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 3 - AFFILIATE RELATIONS › Section 14:4-3.4 - Information disclosure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An electric
				and/or gas public utility may provide individual proprietary information to its
				PUHC or a related competitive business segment of its PUHC, only with prior
				affirmative customer written consent, or as otherwise authorized by the Board,
				and only if that same proprietary information is provided to unaffiliated
				entities on a non-discriminatory basis with prior affirmative customer written
				consent, or as otherwise authorized by the Board.
(b) An electric and/or gas public utility
				shall make available non-customer specific non-public information acquired as a
				result of operating the public utility's distribution system, including
				information about an electric and/or gas public utility's natural gas or
				electricity purchases, sales, or operations or about an electric and/or gas
				public utility's gas-related goods or services, electricity-related goods or
				services, to a related competitive business segment of its public utility
				holding company only if the electric and/or gas public utility makes such
				information available, via a public posting, to all other service providers on
				a nondiscriminatory basis, and keeps the information open to public inspection.
1. An electric or gas public utility is
				permitted to exchange proprietary information on an exclusive basis with its
				PUHC or a related competitive business segment of its public utility holding
				company, provided it is necessary to exchange this information in the provision
				of the corporate support services permitted by
				14:4-3.5(i) and
				(j).
2. The PUHC's or related competitive business
				segment's use of such proprietary information is limited to its use in
				conjunction with the permitted corporate support services, and is not permitted
				for any other use.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 3 - AFFILIATE RELATIONS › Section 14:4-3.5 - Separation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An electric
				and/or gas public utility, its PUHC and related competitive business segments
				of its public utility holding company shall be separate corporate
				entities.
(b) An electric and/or
				gas public utility and related competitive business segments of its public
				utility holding company shall keep separate books and records.
(c) Electric and/or gas public utilities'
				books and records shall be kept in accordance with applicable Uniform System of
				Accounts (USOA), 18 CFR Part 101, as amended and supplemented, which is
				incorporated by reference herein.
(d) The books and records of its PUHC or a
				related competitive business segment of an electric and/or gas public utility's
				holding company engaged in transactions, interactions and relations with the
				electric or gas public utility shall be open for examination by the
				Board.
(e) An electric and/or gas
				public utility shall not share office space, office equipment, services, and
				systems with a related competitive business segment of its public utility
				holding company, except to the extent appropriate to perform shared corporate
				support functions as follows:
1. An electric
				and/or gas public utility may access the computer or information systems of a
				competitive related business segment of its PUHC or allow a related competitive
				business segment of its PUHC to access its computer or information systems, for
				purposes of the sharing of computer hardware and software systems and may share
				office space, office equipment, services and systems, provided adequate system
				protections are in place to prevent the accessing of information or data
				between the utility and its affiliate(s), which would be in violation of this
				subchapter.
i. Prevention of unauthorized
				access to computer and information systems shall be specifically addressed as
				part of an electric and/or gas public utility's compliance plan submitted
				pursuant to
				14:4-3.7(b).
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 3 - AFFILIATE RELATIONS › Section 14:4-3.6 - Competitive products and/or services offered by a utility or related competitive business segments of a utility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided for in the Act or this subchapter, an electric and/or gas public
				utility or a related competitive business segment of an electric and/or gas
				public utility shall not offer competitive products and/or services without the
				prior review and approval by the Board of a proposed tariff in accordance with
				N.J.A.C. 14:1-11, except where pre-empted by Federal law.
1. A public utility holding company may offer
				any competitive service, including, but not limited to, electric generation
				service, telecommunications services, and cable service, to retail customers of
				an electric public utility that is owned by the holding company, but only
				through a related business segment of the holding company that is not an
				electric public utility or a related business segment of the electric public
				utility. Competitive services shall be offered in compliance with all Board
				rules for carriers of these services.
2. A public utility holding company may offer
				a competitive service to retail customers of a gas public utility that is owned
				by the holding company, but only through a related business segment of the
				holding company that is not a related business segment of the gas public
				utility; provided however, that in the event that a gas public utility is not
				part of a holding company legal structure, competitive services may be offered
				by a related competitive business of that gas public utility, as long as that
				related competitive business segment is structurally separated from the gas
				public utility, and provided that interactions between the gas public utility
				and the related competitive business segment are in compliance with this
				subchapter.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 3 - AFFILIATE RELATIONS › Section 14:4-3.7 - Regulatory oversight

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each electric
				and/or gas public utility shall file its compliance plan with the Board and
				provide a copy of said plan to the Rate Counsel at least once in every 12-month
				period or upon changes to the plan, and thereafter, within 12 months of the
				revised plan.
(b) Said compliance
				plan shall demonstrate that there are adequate procedures in place to ensure
				compliance with this subchapter and shall include the electric and/or gas
				public utility's dispute resolution procedure pursuant to
				14:4-3.8(a).
1. Said compliance plan shall contain an
				accurate list of all affiliates of an electric and/or gas public utility,
				including the business name and address, name and business telephone number of
				at least one officer of each affiliate and a brief description of the business
				of each affiliate.
i. The information
				required by (b)1 above shall be updated within five business days of any
				change(s) thereto, and a public posting of the information shall also be made
				within that time period.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 3 - AFFILIATE RELATIONS › Section 14:4-3.8 - Dispute resolution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An electric
				and/or gas public utility shall establish and file annually with the Board a
				dispute resolution procedure, including the establishment of a telephone
				complaint hotline, to address complaints alleging violations of this
				subchapter.
1. The procedure shall be
				included in the electric and/or gas public utility's annual compliance
				plan.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 3 - AFFILIATE RELATIONS › Section 14:4-3.9 - Violations and penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, as a result
				of an audit conducted pursuant to
				14:4-3.7(e) through
				(g) or by any other means, the Board
				determines that an electric and/or gas public utility has committed violations
				of 14:4-3.3, 3.4, 3.5, 3.7 or 3.8,
				which are not substantial violations as described in (b) below, the Board is
				authorized to impose a penalty of up to $ 10,000 for each such violation upon
				said electric and/or gas public utility.
(b) If, as a result of an audit conducted
				pursuant to
				14:4-3.7(e) through
				(g) or by any other means, the Board
				determines, after providing the electric and/or gas public utility notice of a
				public hearing and an opportunity to be heard, that an electric and/or gas
				public utility has committed violations of
				14:4-3.3, 3.4, 3.5, 3.7 or 3.8,
				which are substantial in nature so as to result in unfair conpetetive
				advantages for an electric or gas public utility, the Board is authorized to
				take some or all of the following actions:
1.
				Impose a penalty of up to $ 10,000 for each such violation(s);
2. Order appropriate reimbursement to
				electric and/or gas public utility ratepayers, including interest;
3. For a first violation:
i. Order a violating electric and/or gas
				public utility to cease some or all competitive product and/or service
				offerings and form a related competitive business segment of the public utility
				to perform the competitive product and/or service offerings; or
ii. Order a violating electric and/or gas
				public utility to cease some or all competitive product and/or service
				offerings through a related competitive business segment of the public utility
				holding company; and/or
4. For a second violation:
i. Initiate a hearing to reconsider its
				approval of the formation of the public utility holding company.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 4 - PUBLIC UTILITY HOLDING COMPANY (PUHC) STANDARDS › Section 14:4-4.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth requirements that apply to
				  electric and/or gas public utilities that operate in New Jersey and are owned
				  by a public utility holding company. The subchapter is intended to protect New
				  Jersey utility ratepayers from the risks presented by the ownership of a New
				  Jersey electric or gas public utility by a public utility holding
				  company.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 4 - PUBLIC UTILITY HOLDING COMPANY (PUHC) STANDARDS › Section 14:4-4.3 - Asset investments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each electric
				or gas public utility and its public utility holding company shall ensure that
				the aggregate investment in all nonutility associates in the public utility
				holding company system does not exceed 25 percent of the aggregate assets of
				all public utilities and utility associates in the public utility holding
				company system.
(b) The Board may
				adjust the percentage level in (a) above up to an additional 10 percentage
				points higher, not to exceed 35 percent, upon petition by an electric or gas
				public utility. The Board shall consider any petitions filed pursuant to this
				provision on a case-by-case basis. Any adjustment to the percentage level must
				not compromise safe, adequate and proper service.
(c) Each electric or gas public utility or
				its public utility holding company shall file all of the following in their
				annual report with the Board:
1. A listing of
				names and classification (that is, utility associate or nonutility associate)
				for each subsidiary in the public utility holding company system;
2. The aggregate investment as a percentage
				of total assets of all public utilities and utility associates in the public
				utility holding company system;
3.
				An annual certification as authorized by the board of directors of the public
				utility holding company and electric or gas public utility, by the chief
				executive officer of the public utility holding company and electric or gas
				public utility, that the percentage of aggregate investments does not
				contravene this subchapter; and
4.
				All information required in the annual report pursuant to (c)1-3 above, shall
				be as of the end of the previous fiscal year.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 4 - PUBLIC UTILITY HOLDING COMPANY (PUHC) STANDARDS › Section 14:4-4.4 - Access to information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An electric or
				gas public utility or its public utility holding company system shall, upon
				request, provide the Board and/or Board staff with full and timely access to
				any books and records, correspondence, memoranda, contracts, or documents
				containing information relating to the electric or gas public utility's
				interaction with:
1. Its public utility
				holding company system; or
2. Any
				other company.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 4 - PUBLIC UTILITY HOLDING COMPANY (PUHC) STANDARDS › Section 14:4-4.5 - Service agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An electric or
				gas public utility shall obtain Board approval prior to entering into a service
				agreement.
(b) An electric or gas
				public utility shall notify the Board in writing of all modifications to any
				approved service agreement, including the provision of services to a
				non-affiliate, and additions or deletions to the categories of services
				provided under the service agreement.
(c) An electric or gas public utility shall
				obtain Board approval for any modification to cost allocation methodologies and
				formulae, which would result in a five percent or greater change in allocation
				factors. The filing should be submitted at least 60 calendar days prior to the
				proposed effective date of the modification. The filing shall include the
				following:
1. All allocation formulas,
				supporting work papers, and a complete list and description of the services and
				operations covered by the service agreement; and
2. A comparison of the budget under the
				existing service agreement and a pro-forma budget under the new service
				agreement, showing service company costs and charges that will apply to the
				electric or gas public utility.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 4 - PUBLIC UTILITY HOLDING COMPANY (PUHC) STANDARDS › Section 14:4-4.6 - Structural separation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Commencing
				October 6, 2009, an electric or gas public utility, having a board of directors
				comprised of more than one director, shall file all of the following in its
				annual report with the Board:
1. An annual
				certification stating that at least 40 percent of the electric or gas public
				utility's board of directors satisfy separately the board of directors New
				Jersey qualification and board of directors independence
				qualification;
2. The name of each
				director that satisfies the board of directors independence qualification
				and/or the board of directors New Jersey qualification, and a description of
				how the director so satisfies the board of directors New Jersey qualification
				(a preexisting director, as defined at N.J.A.C. 14:4-4A.2, shall be considered
				in compliance with the board of directors independence qualification and the
				board of directors New Jersey qualification for purposes of determining the
				requirements of this section); and
3. A certification, if the board of directors
				independence qualification and/or board of directors New Jersey qualification
				is not satisfied, stating that it was unable to comply with such requirements
				in good faith and an explanation for the inability to comply with such
				requirement(s).
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 4 - PUBLIC UTILITY HOLDING COMPANY (PUHC) STANDARDS › Section 14:4-4.7 - Operational separation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No public
				utility holding company system shall be operated in any way that materially
				impairs or could reasonably be expected to materially impair the electric or
				gas public utility's credit, ability to acquire capital on reasonable terms, or
				ability to provide safe, adequate and proper utility service at just and
				reasonable rates.
(b) The Board may
				adopt an appropriate adjustment to the cost of service of an electric or gas
				public utility if necessary to offset any material adverse effects from its
				inclusion within a public utility holding company system, including, but not
				limited to, any adverse effects on the electric or gas public utility's credit
				ratings.
(c) If an electric or gas
				public utility's equity to total capitalization ratio, as determined for
				ratemaking purposes and excluding securitization debt, falls below 30 percent,
				the electric or gas public utility shall notify the Office of the Chief
				Economist and Division of Energy. The notice required in this subsection shall
				be provided within 10 business days after the end of the calendar quarter in
				which the ratio fell below the required percentage. The Board may adjust the
				percentage requirement under this subsection if, after notice and hearing, the
				Board determines an adjustment is necessary to restore the financial integrity
				of the electric or gas public utility.
(d) If an electric or gas public utility is
				required to notify the Board under (c) above, the public utility shall not
				declare a distribution, whether by dividend or by another method, to the public
				utility holding company system, without prior Board approval, until the public
				utility's equity to total capitalization ratio increases sufficiently to exceed
				the applicable percentage level.
(e) An electric or gas public utility shall
				notify the Board in writing at least 30 days in advance if it intends to do
				either of the following:
1. Transfer, other
				than by way of dividend, more than five percent of the electric or gas public
				utility's retained earnings to the public utility holding company; or
2. Declare a special cash dividend, the
				effect of which would be to result in an equity to total capitalization ratio
				below 30 percent.