N.J. Admin. Code § 14:4-5.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 14:4-5.1 - Scope; general provisions

(a) This subchapter shall apply to the following, as these terms are defined at N.J.A.C. 14:4-1.2:

1. Electric power suppliers;

2. Gas suppliers;

3. Energy agents, including energy consultants. An energy consultant is an energy agent that has met additional requirements in this subchapter, and is therefore eligible to access certain customer information;

4. Private aggregators; and

5. Local distribution companies (LDCs).

(b) A BGS provider is not subject to this subchapter, in regard to those activities related to providing BGS services.

(c) The requirements in this subchapter apply in addition to all other applicable requirements of this chapter and N.J.A.C. 14:3, 14:5 and 14:6, and other applicable law.

(d) A person shall not do, or offer to do, any of the following, without first obtaining an electric power supplier license or a gas supplier license, as applicable, under this subchapter:

1. Provide electric generation service or gas supply service for use by retail customers;

2. Advertise or market electric generation service or gas supply service for use by retail customers;

3. Enroll customers for, or arrange for, the provision of electric generation service or gas supply service for use by retail customers; or

4. Contract for, or otherwise assume legal responsibility to provide, electric generation service or gas supply service for use by retail customers.

(e) (Reserved)

(f) A person shall not arrange the retail sale of electricity, electric-related services, gas supply or gas-related services between an energy aggregator and a TPS without first registering as an energy agent under this subchapter.

(g) An entity shall not combine the energy loads of multiple end users, and arrange a contract with a TPS to purchase electric generation service or gas supply service on behalf of those end users, without first registering as a private aggregator under this subchapter; except for a government entity that is combining energy loads as part of a government energy aggregation program in accordance with N.J.A.C. 14:4-6.

(h) To obtain an electric power supplier or gas supplier license, or obtain an energy agent (including an energy consultant) or private aggregator registration, a person shall:

1. Submit a completed application that meets the requirements at N.J.A.C. 14:4-5.3, 5.8, or 5.11, as applicable;

2. Submit the appropriate fees, as required under N.J.A.C. 14:4-5.12; and

3. If the application is for an electric power supplier, gas supplier license, or energy consultant registration, provide a surety bond that meets the requirements at N.J.A.C. 14:4-5.4 and 5.11, as applicable.

(i) The licenses and registrations provided for under this subchapter are non-transferable. The merger or acquisition of a licensee or registrant shall be subject to N.J.A.C. 14:4-5.5.

(j) Applications, forms, and information relating to this subchapter may be obtained at:

New Jersey Board of Public Utilities

ATTN: Division of Audits/Licensing

44 South Clinton Avenue, 9th Floor

PO Box 350

Trenton, New Jersey 08625-0350

www.nj.gov/bpu/ or http://nj.gov/bpu/about/divisions/energy/thirdparty.html

See the BPU website for further contact information regarding licensing.

(k) All information provided to BPU as part of the process of obtaining or updating an electric power supplier or gas supplier license, or obtaining or updating an energy agent (including an energy consultant) or private aggregator registration, shall be deemed public information, except for the following:

1. Information for which a confidentiality claim has been filed under the Board's Open Public Records Act (OPRA) rules at N.J.A.C. 14:1-12, but for which the Board's Records Custodian has made no confidentiality determination under the OPRA rules;

2. Information for which a confidentiality claim has been filed under the Board's OPRA rules, which has been determined to be confidential;

3. Sales volumes and revenues sorted by customer class; and

4. Financial statements, unless already publicly available Federally or in other states or jurisdictions.

(l) Definitions for terms used in this subchapter can be found in the rules for all utilities at N.J.A.C. 14:3-1.1, and in the general provisions for this chapter at N.J.A.C. 14:4-1.2.

(m) A licensee or registrant shall comply with all terms and conditions of the license or registration.

N.J. Admin. Code § 14:4-5.1

Administrative change.
See: 43 N.J.R. 1896(a).
Amended by R.2012 d.091, effective 5/7/2012.
See: 43 N.J.R. 1150(a), 44 N.J.R. 1534(a).
Section was "Scope, general provisions". Rewrote the introductory paragraph of (d) and (f), (g) and (k)1; in (d)3, deleted "or" from the end; in (d)4, substituted "; or" for a period at the end; recodified former (e) as (d)5; in (d)5, substituted "Participate" for "A person shall not be eligible to participate" and deleted ", without first obtaining a clean power marketer license under this subchapter" from the end; reserved designation (e); in (i), inserted "or registrant"; in the introductory paragraph of (j), inserted a comma following "forms"; in the address in (j), updated the website address and the telephone number; added new (k)2; and recodified former (k)2 as (k)3.

Amended by 53 N.J.R. 1573(a), effective 9/20/2021