N.J. Admin. Code § 14:4-6.3

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

Section 14:4-6.3 - General provisions

(a) A government aggregator may establish an energy aggregation program to purchase electric generation service, electric-related service, gas supply service or gas-related service, as these terms are defined at 14:4-1.2. The energy aggregation program may purchase these services either separately or bundled, for use by one or more of the following:

1. The government aggregator's own facilities (stand-alone program);

2. Facilities of other government aggregators (multi-government program); and/or

3. If the government aggregator is a municipality or county, residential and/or non-residential customers (government-private program).

(b) Unless otherwise specified, any obligation of a government aggregator, TPS, or LDC under this subchapter may be performed on behalf of the government aggregator, TPS, or LDC by a contractor, consultant, or other designee. Any such designee shall execute a confidentiality agreement or provide other guarantee(s) of compliance with the consumer protection standards at N.J.A.C. 14:4-7, and the customer information requirements at (f) below prior to receiving any customer related information. A designee that is not a TPS shall not arrange the retail sale of electricity, electric-related services, gas supply, or gas-related services between a government aggregator and a TPS without first registering with the Board as an energy agent in compliance with N.J.A.C. 14:4-5.8.

(c) For any energy aggregation program, the lead agency, as defined at 14:4-6.2, is responsible for responding to specific inquires regarding the particular energy aggregation program, in accordance with the LDC aggregation agreement.

(d) The LDC is responsible for responding to general inquiries regarding the establishment and operation of government energy aggregation programs.

(e) In contracting for services under this subchapter, a government aggregator shall comply with all applicable requirements of the Local Public Contracts Law, 40A:11-1 et seq., the Public School Contracts Law, 18A:18A-1 et seq., the County College Contracts Law, 18A:64A-25.1 et seq., and 14:4-6.8, as applicable.

(f) All customer information provided to a government aggregator, or its designee, by an LDC under this subchapter shall be deemed confidential and is exempt from the public disclosure requirements of the Open Public Records Act, 47:1A-1 et seq. Such information shall not be used or disseminated by any person for any purpose other than the facilitation of the aggregation program.

(g) A government entity shall be included in an energy aggregation program only if the government entity indicates its desire to participate in the program by opting-in.

(h) A non-residential customer, as defined at 14:4-6.2, shall be included in an energy aggregation program only if the non-residential customer indicates its desire to participate in the program by opting-in in accordance with 14:4-6.5 or 6.6.

(i) If a residential customer is located within the geographic boundaries of a municipality or county that establishes a government-private energy aggregation program, the residential customer shall automatically be included in the program unless the customer indicates his or her desire not to participate in the program by opting-out in accordance with N.J.A.C. 14:4-6.5 and 6.6.

(j) A government aggregator may enter into a contract with more than one TPS for the purchase of electric generation service and/or gas supply service, provided that:

1. Each residential and each non-residential customer shall receive electric or gas service from only one TPS; and

2. Each contract specifies which is the TPS that will serve any customer that does not choose one of the providers in the aggregation program.

(k) A residential customer may opt-out of an aggregation program at any time and switch to another energy supplier, including to the LDC, upon 30 days notice to the lead agency and the appropriate LDC.

(l) A residential customer may not be charged an exit fee for leaving an aggregation program at any time.

N.J. Admin. Code § 14:4-6.3

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