N.J. Admin. Code § 14:4-5.5

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

Section 14:4-5.5 - Requirements that apply after a license or registration is issued

(a) Once licensed, an electric power supplier or gas supplier shall meet the requirements in this section. Failure to do so shall subject the licensee to penalties and to Board proceedings for revocation or suspension.

(b) Within 10 days after the license is issued, the licensee shall provide a copy of the license to all LDCs within whose territory the licensee provides service.

(c) A licensed gas supplier shall meet the same requirements for heating value and gas purity that apply to gas public utilities under 14:6-3.3 and 3.4.

(d) A licensee shall maintain the following records for a minimum of three years, and shall make them available to Board staff within 48 hours after a request. These records shall be maintained in a form that can be inspected by Board staff or transmitted to Board staff within 48 hours after a request:

1. Records, in summary form, of energy contracts or transactions entered into with New Jersey customers, and of services provided by the supplier to New Jersey customers;

2. Copies of all contracts or other writings entered into by the supplier, authorizing the supplier to provide service to one or more New Jersey customers; and

3. A list of all customer complaints received by the licensee during the previous three years or the term of the license, whichever is longer, and the resolution of each complaint.

(e) A licensee shall provide a summary of the number, types (gas or electricity) and locations (sorted by zip + 4 code) of all residential customers served by the licensee, to Board staff within five business days after a request.

(f) A licensee or energy consultant shall maintain the surety bond required under N.J.A.C. 14:4-5.4 and 5.11 throughout the duration of the license or registration. The Board may increase the bond amount required if the Board determines that an increase is necessary to protect the interests of the ratepayers of New Jersey. A licensee shall report to Board staff at any time when its sales volume has increased by 33 percent from its previously reported amount, and the Board may increase its surety bond accordingly.

(g) A licensee or registrant shall notify Board staff in writing no later than 10 days after any changes in contact information, including the name of the regulatory contact, the New Jersey mailing address, email, and phone numbers of company representatives and regulatory contacts.

(h) A licensee or registrant shall notify Board staff in writing within 30 calendar days after any material change in the organizational structure or operation of a licensee's or registrant's business or at the time prescribed at N.J.A.C. 14:4-7.10A, whichever is earlier. If the change affects compliance with this chapter or any other Board rule or order, Board staff shall require the licensee or registrant to file an update describing the change, for approval by Board staff.

(i) If a licensee or registrant reorganizes, restructures, merges with another entity, acquires another company, or is acquired by another company, the following requirements shall apply:

1. If the name of the resulting company remains the same, the licensee or registrant shall submit a licensing update within 30 calendar days after the change, including any information about the new entity that is necessary for Board staff to evaluate the entity's compliance with this chapter, including information regarding any changes in the company's services or customer population;

2. If the resulting company does not retain the name of the original licensee or registrant, the new entity shall submit an application for a new license or registration in accordance with this subchapter within 30 calendar days after the reorganization, restructuring, merger, or acquisition, and shall meet all of the requirements that would apply if the entity had never held a license or registration, including application fees and, for licensees and energy consultants, the issuance of a new surety bond; and

3. A licensee or registrant shall continue to serve its existing customers pending the Board's final decision on the license or registration update or application, unless otherwise directed by Board staff.

(j) If a licensee or registrant fails to comply with any applicable requirement at (f), (g), (h), or (i) above, the licensee or registrant shall:

1. Immediately stop all advertising and marketing activities;

2. Immediately stop enrolling new customers, and;

3.Continue to serve all existing customers until directed otherwise by Board staff.

N.J. Admin. Code § 14:4-5.5

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 (d), substituted "Board staff" for "the Board"; added new (e); recodified former (e) through (g) as (f) through (h); in (f), substituted "Board staff" for "the Board"; rewrote the introductory paragraph of (h); in (h)1, inserted "at least 30 calendar days prior to the change,"; in (h)2, inserted "at least 30 calendar days before the name change," and the last occurrence of "and"; deleted former (h)3; recodified (h)4 as (h)3; in (h)3, substituted "shall" for "may" and inserted ", unless otherwise directed by Board staff"; and added (i).

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