Rhode Island Code of Regulations › Title 815 - Division of Public Utilities and Carriers › Chapter 30 - Electric Utilities › Subchapter 05 - Non-regulated Power Producers › Part 1 - Rules Applicable to Nonregulated Power Producers (815-RICR-30-05-1) › Section 815-RICR-30-05-1.5 - Dispute Resolution Regulations Relating to NPP's

Current through June 14, 2024
A. Breach of contract claims or billing
				  disputes between NPPs and customers that cannot be privately resolved should be
				  resolved through appropriate legal action.
B. Disputes between NPPs, customers, or other
				  aggrieved parties relating to violations of the Commission's Consumer
				  Protection Regulations and/or these regulations are subject to the following:
1. Any party who believes they have been or
				  will be aggrieved by a violation of the Division's Nonregulated Power Producer
				  ("NPP") Consumer Bill of Rights (Part 2 of this Subchapter) and/or these
				  regulations may file a complaint with the Division.
2. The Attorney General, as a matter of
				  right, may file a complaint with the Division against any NPP to seek
				  enforcement of the Division's Nonregulated Power Producer ("NPP") Consumer Bill
				  of Rights (Part 2 of this Subchapter) and/or these regulations.
3. The form of the complaint should clearly
				  set forth:
a. The facts at issue;
b. The position of the petitioner;
c. A statement of why the petitioner is
				  aggrieved and what rules or requirements were violated; and
d. The relief being sought.
4. A copy of the complaint must be
				  provided to the NPP or opposing party. However, if a customer files a complaint
				  with the Division, it will not be dismissed as to form, nor will it be
				  dismissed for failure to serve a copy on the NPP.
5. The NPP or opposing party that is the
				  subject of a complaint will have ten business days to respond. If the NPP was
				  not served a copy of the complaint, the NPP will have ten business days from
				  receipt of a copy from the Division. However, if the Division determines that
				  the nature of the complaint requires expeditious action, the Division reserves
				  the right to require a shorter response period and/or take whatever action is
				  reasonably necessary to protect the public while the hearing is
				  pending.
6. Any person or entity
				  whose interests will be substantially and significantly affected by the outcome
				  of proceedings under this rule may file a motion to intervene. The motion must
				  clearly set forth the interests of the party seeking intervenor status.
a. The Division shall grant such motion if:
(1) The person's or entity's interests will
				  be substantially and significantly affected by the outcome of the proceedings
				  under this rule; and
(2) The
				  interests cannot be adequately represented by other parties to the
				  proceeding.
b.
				  Alternatively, the Division can grant a party or entity limited intervenor
				  status which would allow that intervenor the right to submit written
				  comments.
7. Written
				  Decision
a. Within ten business days of the
				  close of the hearing or receipt of briefs (if required by the Division), a
				  written decision will be rendered, unless the Division notifies the parties
				  that an extension of time, not to exceed fifteen additional business days, will
				  be required.
8. Appeals
a. Any decision of the Division issued in
				  conformance with these Rules shall be final and binding upon the parties unless
				  appealed under the Rhode Island Administrative Procedures Act (R.I. Gen. Laws
				  §
												42-35-1, et seq.).