New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 3 - AFFILIATE RELATIONS › Appendix - APPENDIX

Current through Register Vol. 56, No. 14, July 15, 2024
SECTION 1. Timing and Review
1. Time for Filing of Petition
a. The electric distribution company/gas distribution company
				  (EDC/GDC) shall file a petition at least 60 days prior to the offering of any
				  new maintenance, repair, replacement parts, service contract, power
				  conditioning or equipment sales and/or lease or any other tariffed or
				  non-tariffed EDC/GDC competitive services.
b. The EDC/GDC shall provide Board staff a draft petition at
				  least two weeks prior to filing of said petition with the Board, so that
				  EDC/GDC representative(s) may discuss the salient aspects of said filing with
				  Board staff at a mutually agreed to time.
2. Conditions for Review
a. The following conditions must be satisfied prior to Board
				  staff's review of said petition:
i. All filing requests are met and acknowledged by letter
				  from Board staff;
ii. Copies of the filing are served on Rate Counsel, as
				  defined at
				  14:3-1.1, and other interested
				  parties; and
iii. All confidentiality issues are resolved.
SECTION 2. Petition Filing and Confidentiality
1. Required Petition Contents
a. Said Petition shall include the following to show that the
				  competitive service offering(s) will not impair the EDC/GDC's ability to
				  provide safe, adequate and proper service and that the service shall be offered
				  on a non-discriminatory basis:
i. Dispatching schedules;
ii. A prioritization schedule which would show how the
				  EDC/GDC will handle emergency, same day customer originated orders and proposed
				  appliance service orders;
iii. A detailed description of how new competitive service
				  offering(s) will affect this schedule, meter reading schedules, routine
				  maintenance, etc.;
iv. The titles, competitive and non-competitive service
				  responsibilities and number of all employees who are anticipated to be involved
				  in the proposed competitive service offering(s);
v. A detailed description of how the proposed competitive
				  service offering(s) will be marketed throughout demographic segments of the
				  customer base;
vi. Indicate where the proposed competitive service
				  offering(s) will be marketed;
vii. A detailed description of the proposed competitive
				  service offering(s), including a list of the parts covered under said
				  offering(s);
viii. Draft bill inserts which shall state that:
1. The Board has not approved the rates;
2. "All prices may vary and will depend upon contractor and
				  type of work performed" if rates vary;
3. These services are also available from independent
				  contractors; and
4. The EDC/GDC will provide free of charge, such services as
				  gas leak investigations and other safety related services;
ix. The derivation of the proposed charge(s) for each
				  competitive service offering, which shall include calculations, working papers,
				  statistical data and other information utilized. Said proposed charge(s) should
				  exceed the fully allocated current cost of providing the proposed competitive
				  service offering(s), which shall include the current cost of all equipment,
				  vehicles, labor, fringe benefits, and overheads and administration expenses,
				  other assets utilized and costs incurred, directly or indirectly, all current
				  promotional, advertising and marketing costs, and the current fully-loaded
				  labor cost of management involved with this proposed competitive service
				  offering(s);
x. An estimate of market penetration which may be defined as
				  the estimated number of orders or calls;
xi. Estimated three-year proforma revenue and expense
				  statements relating to the proposed competitive service offering(s) which shall
				  include all relevant calculations, working papers, surveys and other data in
				  support of the projected revenues and expenses based upon a fully loaded labor
				  rate and all promotional expenses;
xii. A comparison of proposed charges with those of other
				  EDC/GDCs and independent contractors for the same type(s) of service and
				  specifically provide service charges for the following:
1. EDC/GDC itself;
2. Five to 10 in-State independent contractors;
3. Any out-of-State utility affiliates;
4. Any out-of-State independent contractors; and
5. Any New Jersey EDC/GDC that offers the proposed
				  competitive services offering(s) outside of its franchise area;
xiii. A detailed explanation of the accounting treatment of
				  revenues and costs of proposed competitive service offerings including whether
				  the proposed competitive service offering(s) will be above or below the
				  line;
xiv. Accounts and Account Numbers that will be utilized in
				  booking the revenues and expenses pertaining to the proposed competitive
				  service offerings to ensure that there is strict separation and allocation of
				  the EDC/GDC's revenues, costs, assets, risks and functions between competitive
				  business segment and EDC/GDC;
xv. A detailed explanation of how prices will be conveyed to
				  customers if subcontractors are used;
xvi. A complete list of all competitive service offering(s)
				  currently offered by the EDC/GDC, the date of implementation, date of Board
				  Order and Docket Number;
xvii. In the alternative to xvi above, Competitive Service
				  Tariffs, Competitive Service Schedules, etc., shall be maintained similar to
				  EDC/GDC tariffs, rates schedules, etc., and should provide a full description
				  of the service, current rates and may be filed in redacted and unredacted
				  versions, with the date of the Board Order approving the current tariff as well
				  as the respective Docket Number reflected on the bottom of the tariff
				  sheet;
xviii. A detailed description of the procedures the EDC/GDC
				  will utilize to resolve any consumer complaints, dissatisfaction, etc., if the
				  proposed competitive service offering(s) will be performed or rendered by a
				  participating subcontractor; and
xix. Copies of a standard contract between the EDC/GDC and
				  customer, the subcontractor and the customer, and EDC/GDC and the subcontractor
				  which shall include provisions guaranteeing work quality assurance, customer
				  satisfaction, warranties on parts and labor, response to customer complaints,
				  pricing and response time, as agreed by the participating subcontractors.
2. Petition Confidentiality
a. If the EDC/GDC claims that certain information contained
				  in said Petition should be treated as confidential and proprietary, the EDC/GDC
				  shall submit a confidentiality claim in accordance with the Board's Open Public
				  Records Act (OPRA) rules at N.J.A.C. 14:1-12.