Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 340 - RULES GOVERNING SHARED SOLAR PROGRAM › Section 20VAC5-340-30 - Licensing of subscriber organizations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each entity seeking to conduct business as
				a subscriber organization, unless otherwise exempt or granted a waiver, shall
				obtain a license from the commission prior to commencing business operations.
				Each entity applying for a license to conduct business as a subscriber
				organization shall file an application with the clerk of the commission and
				contemporaneously provide a copy of the application to the utility.
				Applications for licensure shall be filed by the legal entity with control of,
				or prospective control of, shared solar projects rather than each individual
				project needing a separate license. If the applicant becomes aware of any
				material changes to any information while the application is still pending, the
				applicant shall inform the commission within 10 calendar days. Applications
				shall include the following information:
1.
				Legal name of the applicant, as well as any trade names.
2. Physical business addresses and telephone
				numbers of the applicant's principal office and all offices in Virginia.
3. A description of the
				applicant's authorized business structure, identifying the state authorizing
				such structure and the associated date (e.g., if incorporated, the state and
				date of incorporation; if a limited liability company, the state issuing the
				certificate of organization and the date of issuance).
4. Name and business address of all principal
				corporate officers and directors, partners, and limited liability company (LLC)
				members, as appropriate.
5. If a
				foreign corporation, a copy of the applicant's authorization to conduct
				business in Virginia from the commission or if a domestic corporation, a copy
				of the certificate of incorporation from the commission.
6. A list of the states in which the
				applicant and the applicant's affiliates conduct business related to
				participation in a shared solar program, the names under which such business is
				conducted, and a description of the business conducted.
7. The applicant shall disclose if it is an
				affiliate of the incumbent utility. If it is, it shall further provide a
				description of internal controls the applicant has designed to ensure that it
				and its employees, contractors, and agents that are engaged in the (i)
				merchant, operations, transmission, or reliability functions of the electric
				generation systems; or (ii) customer service, sales, marketing, metering,
				accounting, or billing functions, do not receive information from the utility
				or from entities that provide similar functions for or on behalf of the utility
				as would give the affiliated subscriber organization an undue advantage over
				nonaffiliated subscriber organizations.
8. Name, title, and address of the
				applicant's registered agent in Virginia for service of process.
9. Name, title, address, telephone number,
				and email address of the applicant's liaison with the commission.
10. Sufficient information to demonstrate,
				for purposes of licensure with the commission, financial fitness commensurate
				with the services proposed to be provided. Applicant shall submit the following
				information related to general financial fitness:
a. If available, proof of a minimum bond
				rating or other senior debt of at least "BBB-" or an equivalent rating by a
				major rating agency, or a guarantee with a guarantor possessing a credit rating
				of "BBB-" or higher from a major rating agency. If not available, other
				evidence that will demonstrate the applicant's financial responsibility.
b. If available, the applicant's
				audited balance sheet, income and cash flow statements for the most recent
				fiscal year, or published financial information such as the most recent
				Securities and Exchange Commission forms 10-K and 10-Q. If not available, other
				financial information for the applicant or any other entity that provide
				financial resources to the applicant may be provided.
c. If applicable, information to demonstrate
				that the applicant is a bona fide nonprofit entity. The information provided
				shall establish that the applicant (i) has the status of a tax-exempt
				organization under § 501(C)(3) of the Internal Revenue Code of 1986; (ii)
				conducts its activities in a manner that serves public or charitable purposes
				rather than commercial purposes; (iii) will apply for qualification of projects
				that serve primarily or exclusively low-income customers; and (iv) was not
				created for the purpose of avoiding the financial fitness requirements or
				otherwise under the control of a for profit entity.
11. Sufficient information to demonstrate
				technical fitness commensurate with the service to be provided, to include:
a. A description of the applicant's
				experience developing solar facilities and engaging as a subscriber
				organization or other relevant services. Provide a discussion of the
				applicant's qualifications, including a summary of other projects developed and
				managed by the applicant with location, status, and operational history.
b. The names and a description of
				the managerial and technical experience of each principal officer and
				appropriate senior management person with direct responsibility for the
				business operations conducted in Virginia. Include a description of their
				experience related to developing solar facilities and providing shared solar
				services.
c. Billing service
				options the applicant intends to offer and a description of the applicant's
				billing capability including a description of any related experience.
12. A copy of the applicant's
				dispute resolution procedure, including the toll-free number for the customer
				service department.
13. A copy of
				the applicant's proposed standard agreement it plans to use with prospective
				subscribers.
14. A $250
				registration fee payable to the commission.
15. The following information related to the
				applicant's fitness to operate as a subscriber organization:
a. Disclosure of any (i) civil, criminal, or
				regulatory sanctions or penalties imposed or in place within the previous five
				years against the applicant, any of its affiliates, or any officer, director,
				partner, or member of an LLC or any of its affiliates, pursuant to any state or
				federal law or regulation; and (ii) felony convictions within the previous five
				years that relate to the business of the company or to an affiliate thereof, of
				any officer, director, partner, or member of an LLC.
b. Disclosure of whether any application for
				license or authority to conduct a similar type of business as it proposes to
				offer in Virginia has ever been denied, and whether any license or authority
				issued to it or an affiliate has ever been suspended or revoked and whether
				other sanctions have been imposed.
16. A copy of the applicant's low-income
				subscription plan, as applicable.