Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 342 - RULES GOVERNING MULTI-FAMILY SHARED SOLAR PROGRAM › Section 20VAC5-342-30 - 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 investor-owned
				utility. If the applicant becomes aware of any material changes to any
				information within the application, 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 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 the
				applicant and the applicant's 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. Description of the project to include the
				physical location and size (in kW AC) of the solar facility, expected
				in-service date, the identity of the complex being served, the expected number
				of subscribers to be served and any other pertinent information, as applicable.
11. 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 "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 provides 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.
12. 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 supported by the utility of which the applicant intends to offer and a
				description of the applicant's billing capability including a description of
				any related experience.
13. A copy of the applicant's dispute
				resolution procedure, including the toll-free telephone number for the customer
				service department.
14. A copy of
				the applicant's proposed standard agreement it plans to use with prospective
				subscribers.
15. A $250
				registration fee payable to the commission.
16. 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 consumer protection 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, whether any license or
				authority issued to it or an affiliate has ever been suspended or revoked, and
				whether other sanctions have been imposed.