Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 335 - REGULATIONS GOVERNING THE DEPLOYMENT OF ENERGY STORAGE › Section 20VAC5-335-90 - Licensing of energy storage aggregators

Current through Register Vol. 40, No. 24, July 15, 2024
A. Other than a Phase I or Phase II Utility,
				each person seeking to conduct business as an energy storage aggregator shall
				obtain a license from the commission prior to commencing operations.
B. Each person applying for a license to
				conduct business as an energy storage aggregator shall file an application with
				the clerk of the commission. If the applicant becomes aware of any material
				changes to any information while the application is pending, the applicant
				shall inform the commission of such changes within 10 calendar days.
				Applications shall include the following information:
1. Legal name of the applicant as well as any
				trade name.
2. 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).
3. Name and business addresses of all
				principal corporate officers and directors, partners, and limited liability
				corporation (LLC) members, as appropriate.
4. Physical business addresses and telephone
				numbers of the applicant's principal office and any Virginia office
				location.
5. Whether the applicant
				is an affiliate of a Phase I or Phase II Utility. If so, the application 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 energy storage aggregator an undue
				advantage over nonaffiliated energy storage aggregators.
6. A list of states in which the applicant or
				an affiliate conducts business as an energy storage aggregator, the names under
				which such business is conducted, and a description of the businesses
				conducted.
7. Toll-free telephone
				number of the applicant's customer service department.
8. Name, title, address, telephone number,
				and email address of the applicant's liaison with the commission.
9. Name, title, and address of the
				applicant's registered agent in Virginia for service of process.
10. 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.
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, applicant's audited
				balance sheet and income statement for the most recent fiscal year and
				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.
b. 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.
12. The
				name of the utility certificated to provide service in the area in which the
				applicant proposes to provide service, the type of services the applicant
				proposes to provide, and the class of customers to which the applicant proposes
				to provide such services.
13. The
				following information related to the applicant's fitness to operate as an
				energy storage aggregator:
a. Disclosure of
				any (i) civil, criminal, or regulatory sanctions or penalties imposed or in
				place within the previous five years against the company, 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 of any officer, director, partner, or member
				of an LLC.
b. Disclosure of whether
				any application for license or authority to conduct the same 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.
c. If the applicant has engaged in the
				provision of energy storage aggregation in Virginia or any other state, a
				report of all instances of violations of reliability standards that were
				determined to be the fault of the applicant, including unplanned outages,
				failure to meet service obligations, and any other deviations from reliability
				standards during the previous three years. The report shall include, for each
				instance, the following information:
(i) a
				description of the event;
(ii) its
				duration;
(iii) its cause;
(iv) the number of customers
				affected;
(v) any reports,
				findings, or issuances by regulators or electric and natural gas system
				reliability organizations relating to the instance;
(vi) any penalties imposed; and
(vii) whether and how the problem has been
				remedied.
14.
				A $250 registration fee payable to the commission.
15. A discussion of the proposed uses of the
				aggregated resources, including the nature of the intended participation in
				wholesale electric markets, if any.
16. Sufficient information to demonstrate
				technical fitness commensurate with the service to be provided, to include:
a. The applicant's experience.
b. Identity of applicant's officers and key
				managers with direct responsibility for the business operations conducted in
				Virginia and their experience in the provision of storage
				aggregation.
c. Documentation of
				the applicant's membership or participation in regional reliability councils or
				regional transmission organizations, if any.
d. Billing service options the applicant
				intends to offer and a description of the applicant's billing capability,
				including a description of any related experience.
17. A copy of the applicant's dispute
				resolution procedure.
18. The
				standards of conduct to which the applicant adheres or agrees to adhere.
An officer with appropriate authority, under penalty of
				  perjury, shall attest that all information supplied on the application for
				  licensure form is true and correct and that, if licensed, the applicant will
				  abide by all applicable regulations of the commission.