Section Puc 2003.05 - Registration of Aggregators(a) Any person or entity that acts solely as a buyer's aggregator, such as a municipality acting on behalf of its citizens, shall notify the commission of its intent to do business.(b) With the exception of (a) above, a buyer's aggregator shall not otherwise be subject to the provisions of this chapter.(c) Any person or entity seeking to provide aggregation services to customers shall register with the commission prior to providing such services.(d) No applicant shall market to customers, make legally binding offers to customers, or enroll customers, until it has completed all aspects of the registration process required by this chapter.(e) An applicant seeking to register as an aggregator shall:(1) Complete and submit an application for registration containing the information and signature specified in Puc 2006.02; and(2) Pay the application fee of $250 to the commission by submitting payment to the executive director.(f) The commission shall reject an application for aggregator registration when information required to complete such registration is not provided within 60 days of request for such information.(g) Unless an application for aggregator registration is incomplete, does not meet the application requirements, or is subject to outstanding requests for additional information or clarification, within 60 days of receipt of a complete application: (1) The application shall be approved in writing by the executive director, unless the approval requires the grant of a rule waiver under Puc 201.05;(2) The application shall be denied in writing; or(3) The application shall be deemed to have been approved.(h) The commission shall deny an application for aggregator registration if it determines that the applicant or any of the applicant's principals or affiliates has: (1) Been found in other state(s), after notice and opportunity to be heard, to have committed violations, such that the commission determines that it is not in the public good to allow registration;(2) Within the 10 years immediately prior to registration, had any civil, criminal, or regulatory sanctions or penalties imposed against it, him, or her pursuant to any state or federal consumer protection law or regulation, such that the commission determines that it is not in the public good to allow registration; or(3) Knowingly made a material false statement of fact in the application.(i) The application fee shall be forfeited for applications which are rejected.(j) In the event that the commission denies an application for registration, the applicant may, within 30 days, file a request for reconsideration or a hearing before the commission.(k) A new application fee pursuant to (e)(2) above shall apply to submission of an application which has previously been rejected.(l) Aggregator registrations approved by the commission shall be valid for 2 years from the effective date of approval.(m) Each aggregator shall notify the commission of any changes to the information required to be submitted pursuant to this section and Puc 2006.02, with the exception of the information specified in Puc 2006.02(i); such notification to be provided in advance, when practicable, but no later than 10 business days following the effective date of the change, in all cases.N.H. Admin. Code § Puc 2003.05
Amended by Volume XXXVII Number 37, Filed September 14, 2017, Proposed by #12372, Effective 11/1/2017, Expires 11/1/2027.