N.J. Admin. Code § 14:4-6.10

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

Section 14:4-6.10 - Contents of a contract between a government aggregator and the selected TPS

(a) A contract between a government aggregator and a TPS for an energy aggregation program shall meet all requirements in this subchapter and shall include, at a minimum:

1. The specific responsibilities of the government aggregator and the TPS;

2. The charges, rates, and fees for services under the energy aggregation program;

3. If applicable, the method and procedures to be followed by the TPS to enroll and educate customers concerning the energy aggregation program;

4. The terms and conditions that shall govern the relationship between the TPS and each customer, which shall include provisions that:

i. Allocate the risks associated with providing services, between the TPS and the customer receiving the services;

ii. Allocate risks associated with circumstances or occurrences beyond the control of the parties to the contract;

iii. Define default, and establishing remedies in case of default by a party to the contract; and

iv. Allocate the responsibility for any penalties that may be imposed by an LDC as a result of over-delivery of electricity or gas, under-delivery of electricity or gas, or non-performance by the TPS;

5. Provisions for the use by the TPS of the government aggregator's resources, equipment, systems or employees in connection with the contract;

6. The term of the contract;

7. Provisions indemnifying and holding the government aggregator harmless from all liabilities, damages and costs associated with any contract between a customer and the TPS;

8. A requirement that the TPS provide a performance bond if required by the government aggregator;

9. Procedures to ensure that participation in the aggregation program is consistent with this subchapter;

10. Any provisions necessary to ensure compliance with the Board's consumer protection rules at N.J.A.C. 14:4-7;

11. If appropriate, provisions requiring the TPS to provide certain communications to customers in a language other than English;

12. A provision that the TPS shall return the customers to the LDC at the end of the government energy aggregation program, or if there are consecutive government energy aggregation programs, the TPS shall return the customers to the LDC at the end of the last consecutive government energy aggregation program;

13. A clear description of the customer billing arrangements, which shall include who will bill the customer and whether budget billing will be available. If budget billing is available, the agreement shall provide that a true-up of the account subject to budget billing shall be made at least once every 12-month period during the term of the government energy aggregation program;

14. A provision stating that all customer information that is provided to the TPS for the government energy aggregation program shall be deemed confidential and shall not be used or disseminated by the TPS for any purpose other than the facilitation of the government energy aggregation program; and

15. The contract may contain any other terms and conditions that the government aggregator deems necessary.

(b) The contract shall be signed by one or more designated officials from each participating municipality. This task may not be delegated to a person who is not an official from the municipality.

N.J. Admin. Code § 14:4-6.10

Amended by 49 N.J.R. 4015(a), effective 12/18/2017