N.J. Admin. Code § 14:4-5.2

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

Section 14:4-5.2 - Basic requirements for an electric power supplier or gas supplier license

(a) An electric power supplier or gas supplier license shall be issued only if an applicant meets the applicable requirements in this section, in addition to all other applicable requirements in this subchapter.

(b) To be eligible for an electric power supplier or gas supplier license, an applicant shall maintain a physical office in New Jersey for the purposes of accepting service of process, maintaining the records required under this subchapter, and ensuring the licensee's accessibility to State agencies, consumers, and gas and electric public utilities. To satisfy this requirement, an applicant shall:

1. Lease or own space in a building in New Jersey. The space shall be sufficient to house all records required to be kept under this subchapter. The records may be kept in electronic form; and

2. Provide the street address of the physical New Jersey office. A post office box, rented mail-receiving space at a mail service store, virtual office, or the New Jersey registered agent address shall not constitute a physical New Jersey office for the electric power supplier or gas supplier.

(c) The applicant shall document that it will make itself accessible to customers and regulators by maintaining the following:

1. An Internet website and e-mail address through which Board staff and customers can contact the applicant;

2. A page on the supplier's Internet website that shall include projected price comparison information that will enable residential customers and commercial electric customers with a cumulative peak load of 50 kilowatts or less, and/or commercial gas customers with a cumulative peak load of 5,000 therms or less to make informed choices regarding the purchase of electric generation service or gas supply service from that supplier. This website page shall contain current and accurate pricing information, and shall be maintained and updated by the supplier regularly. Customers shall have access to the posted information without being required to provide personal customer information other than the following: zip code, distribution company, type of service (electric or gas), and customer class (residential or small commercial). The direct Internet pricing link to the supplier's website page with the posted information shall be provided to the Board with the initial application, Annual Information Update Form, within 10 days of the effective date of changes to the Internet link;

3. A customer service representative, who is available by toll-free telephone during normal New Jersey business hours to respond to complaints or inquiries from customers; and

4. A regulatory affairs representative, who is available by telephone during normal New Jersey business hours, and who will do the following:

i. Assist Board staff in pursuing investigations on behalf of the Board and/or the Division of Consumer Affairs in the New Jersey Department of Law and Public Safety;

ii. Facilitate the resolution of billing complaints and other problems;

iii. Assist Board staff in obtaining additional information necessary to process applications and/or Annual Information Update Forms; and

iv. Assist Board staff in answering questions regarding licensing information and to address other regulatory issues that may arise.

(d) An automated telephone service shall not, by itself, satisfy the requirements at (c)3 and 4 above. Rather, the applicant shall make it possible for customers, Board staff, and/or Division of Consumer Affairs staff, to speak to an individual. It is not necessary that these representatives be located in New Jersey. However, a representative shall be available to Board staff and/or customers within 24 hours, if necessary, to resolve a problem.

(e) To be eligible for an electric power supplier license, an applicant shall, in addition to meeting the other requirements in this section, demonstrate that it meets all of the following reliability criteria, as applicable:

1. Membership in PJM Interconnection, L.L.C. as defined at N.J.A.C. 14:4-1.2;

2. A signatory to the PJM Reliability Assurance Agreement, as a load serving entity;

3. Compliance with the reliability requirements of the New York Independent System Operator;

4. Compliance with the reliability standards and requirements of the following, as applicable:

i. The Federal Energy Regulatory Commission (FERC);

ii. All Board rules, orders, and directives; and

iii. Any other applicable reliability standards or requirements issued by any state, regional, Federal or industry body with authority to establish such standards.

(f) To be eligible for a gas supplier license, an applicant shall, in addition to meeting the other requirements in this section, meet all of the following:

1. All applicable reliability standards and requirements of the Federal Energy Regulatory Commission;

2. The requirements of the rules for natural gas service at N.J.A.C. 14:6;

3. The requirements in the Liquefied Natural Gas Facilities: Federal Safety Standards 49 CFR Part 193, which are incorporated herein by reference, as amended and supplemented; and

4. The requirements of the National Fuel Gas Code, ANSI Z223.1/NFPA 54, published by the American National Standards Institute, which are incorporated herein by reference, as amended and supplemented, may be obtained at www.ansi.org.

(g) The applicant shall agree, as a condition of the license, to provide all information requested by Board staff, or by the Division of Consumer Affairs in the New Jersey Department of Law and Public Safety, for the purpose of determining compliance with the license or this subchapter. This information shall be certified by an officer of the corporation.

N.J. Admin. Code § 14:4-5.2

Amended by R.2012 d.091, effective 5/7/2012.
See: 43 N.J.R. 1150(a), 44 N.J.R. 1534(a).
In the introductory paragraph of (b), deleted a comma following "subchapter" and "consumers", and inserted "gas and"; and in (b)2, deleted "(for example, Mailboxes, Etc.)" following "store".

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