Section Puc 3003.02 - Renewal Registration of Competitive Natural Gas Suppliers(a) Each registered CNGS shall renew its registration with the commission every 5 years by: (1) Completing and submitting an application for renewal registration containing the information and signature as specified in Puc 3006.01; and(2) Filing the original financial security instrument as specified in Puc 3003.03 with the executive director, unless the financial security instrument previously filed with the commission will remain in effect during the entire renewal term.(b) Each application for renewal shall be submitted no less than 60 days and no more than 120 days prior to the expiration of the CNGS's currently effective registration. If a CNGS fails to renew its registration, its registration shall expire by its terms.(c) The commission shall reject an application for renewal when information required to complete the CNGS registration renewal application is not provided within 60 days of the request for such information.(d) Unless a CNGS renewal application 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, which approval shall be issued 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.(e) The commission shall deny a CNGS application for renewal if it determines that the applicant or any of the applicant's principals or affiliates has: (1) Been found in New Hampshire or 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) Since its 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;(3) Knowingly made a false statement of material fact in the renewal application;(4) Been the subject of substantiated consumer complaints in New Hampshire or other states in such number and of such types as establishes a pattern demonstrating engagement in: a. Misleading or deceptive marketing or sales practices;e. Other practices found by the commission to be harmful or potentially harmful to customers; or(5) Had its registration suspended or revoked pursuant to Puc 3005 and has not: a. Demonstrated its ability to avoid a similar sanctionable event; andb. Paid all applicable fines and complied fully with any commission order issued as a result of a sanctionable event.(f) In the event that the commission denies an application for renewal registration, the applicant may, within 30 days, file a request for reconsideration or a hearing before the commission.(g) A renewed CNGS registration shall be valid for a period of 5 years.(h) If an application is rejected, the applicant shall be required to submit a new application and fee prior to acting as a CNGS in New Hampshire.(i) Each CNGS shall notify the commission of any changes to the information required to be submitted pursuant to this section and Puc 3006.01. The CNGS shall provide such notice in advance, when practicable, but no later than 10 business days following the effective date of the change, in all cases.(j) If a CNGS fails to comply with the requirements or obligations of this chapter, the commission shall determine whether to charge against the CNGS's financial security by following the process described in Puc 3005, subject to the priority set forth in Puc 3003.03(b).N.H. Admin. Code § Puc 3003.02
#7811, eff 12-28-02; ss by #9796-A, eff 9-25-10
Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12757, Effective 6/1/2019, Expires 6/1/2029.