N.J. Admin. Code § Tit. 14, ch. 4, subch. 3, app APPENDIX
SECTION 1. Timing and Review
1. Time for Filing of Petition
a. The electric distribution company/gas distribution company (EDC/GDC) shall file a petition at least 60 days prior to the offering of any new maintenance, repair, replacement parts, service contract, power conditioning or equipment sales and/or lease or any other tariffed or non-tariffed EDC/GDC competitive services.
b. The EDC/GDC shall provide Board staff a draft petition at least two weeks prior to filing of said petition with the Board, so that EDC/GDC representative(s) may discuss the salient aspects of said filing with Board staff at a mutually agreed to time.
2. Conditions for Review
a. The following conditions must be satisfied prior to Board staff's review of said petition:
i. All filing requests are met and acknowledged by letter from Board staff;
ii. Copies of the filing are served on Rate Counsel, as defined at N.J.A.C. 14:3-1.1, and other interested parties; and
iii. All confidentiality issues are resolved.
SECTION 2. Petition Filing and Confidentiality
1. Required Petition Contents
a. Said Petition shall include the following to show that the competitive service offering(s) will not impair the EDC/GDC's ability to provide safe, adequate and proper service and that the service shall be offered on a non-discriminatory basis:
i. Dispatching schedules;
ii. A prioritization schedule which would show how the EDC/GDC will handle emergency, same day customer originated orders and proposed appliance service orders;
iii. A detailed description of how new competitive service offering(s) will affect this schedule, meter reading schedules, routine maintenance, etc.;
iv. The titles, competitive and non-competitive service responsibilities and number of all employees who are anticipated to be involved in the proposed competitive service offering(s);
v. A detailed description of how the proposed competitive service offering(s) will be marketed throughout demographic segments of the customer base;
vi. Indicate where the proposed competitive service offering(s) will be marketed;
vii. A detailed description of the proposed competitive service offering(s), including a list of the parts covered under said offering(s);
viii. Draft bill inserts which shall state that:
1. The Board has not approved the rates;
2. "All prices may vary and will depend upon contractor and type of work performed" if rates vary;
3. These services are also available from independent contractors; and
4. The EDC/GDC will provide free of charge, such services as gas leak investigations and other safety related services;
ix. The derivation of the proposed charge(s) for each competitive service offering, which shall include calculations, working papers, statistical data and other information utilized. Said proposed charge(s) should exceed the fully allocated current cost of providing the proposed competitive service offering(s), which shall include the current cost of all equipment, vehicles, labor, fringe benefits, and overheads and administration expenses, other assets utilized and costs incurred, directly or indirectly, all current promotional, advertising and marketing costs, and the current fully-loaded labor cost of management involved with this proposed competitive service offering(s);
x. An estimate of market penetration which may be defined as the estimated number of orders or calls;
xi. Estimated three-year proforma revenue and expense statements relating to the proposed competitive service offering(s) which shall include all relevant calculations, working papers, surveys and other data in support of the projected revenues and expenses based upon a fully loaded labor rate and all promotional expenses;
xii. A comparison of proposed charges with those of other EDC/GDCs and independent contractors for the same type(s) of service and specifically provide service charges for the following:
1. EDC/GDC itself;
2. Five to 10 in-State independent contractors;
3. Any out-of-State utility affiliates;
4. Any out-of-State independent contractors; and
5. Any New Jersey EDC/GDC that offers the proposed competitive services offering(s) outside of its franchise area;
xiii. A detailed explanation of the accounting treatment of revenues and costs of proposed competitive service offerings including whether the proposed competitive service offering(s) will be above or below the line;
xiv. Accounts and Account Numbers that will be utilized in booking the revenues and expenses pertaining to the proposed competitive service offerings to ensure that there is strict separation and allocation of the EDC/GDC's revenues, costs, assets, risks and functions between competitive business segment and EDC/GDC;
xv. A detailed explanation of how prices will be conveyed to customers if subcontractors are used;
xvi. A complete list of all competitive service offering(s) currently offered by the EDC/GDC, the date of implementation, date of Board Order and Docket Number;
xvii. In the alternative to xvi above, Competitive Service Tariffs, Competitive Service Schedules, etc., shall be maintained similar to EDC/GDC tariffs, rates schedules, etc., and should provide a full description of the service, current rates and may be filed in redacted and unredacted versions, with the date of the Board Order approving the current tariff as well as the respective Docket Number reflected on the bottom of the tariff sheet;
xviii. A detailed description of the procedures the EDC/GDC will utilize to resolve any consumer complaints, dissatisfaction, etc., if the proposed competitive service offering(s) will be performed or rendered by a participating subcontractor; and
xix. Copies of a standard contract between the EDC/GDC and customer, the subcontractor and the customer, and EDC/GDC and the subcontractor which shall include provisions guaranteeing work quality assurance, customer satisfaction, warranties on parts and labor, response to customer complaints, pricing and response time, as agreed by the participating subcontractors.
2. Petition Confidentiality
a. If the EDC/GDC claims that certain information contained in said Petition should be treated as confidential and proprietary, the EDC/GDC shall submit a confidentiality claim in accordance with the Board's Open Public Records Act (OPRA) rules at N.J.A.C. 14:1-12.
N.J. Admin. Code Tit. 14, ch. 4, subch. 3, app APPENDIX