| Chapter 483 |
| 2016 -- S 2260 SUBSTITUTE A AS AMENDED Enacted 07/15/2016 |
| A N A C T |
| RELATING TO PUBLIC UTILITIES -- PUBLIC UTILITIES COMMISSION |
| Introduced By: Senators Walaska, Ciccone, Lombardi, McCaffrey, and Lynch Prata |
| Date Introduced: February 09, 2016 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 39-1-27.1 of the General Laws in Chapter 39-1 entitled "Public |
| Utilities Commission" is hereby amended to read as follows: |
| 39-1-27.1. Retail electric licensing commission plan requirements and nonregulated |
| power producer registration requirements. -- (a) The retail electric-licensing commission |
| shall, by January 1, 1997, submit a plan to the legislature which that shall include, but not be |
| limited to, the following: |
| (1) A recommendation for taxing and/or assessing electric-distribution companies, |
| electric-transmission companies and nonregulated power producers; |
| (2) Recommendations regarding changes to the regional power pool that would facilitate |
| the creation of an independent-system operator and voluntary power exchange; and |
| (3) Proposals for consumer protections, access to books and records, and other |
| requirements the retail electric licensing commission determines to be reasonable, necessary, and |
| in the public interest. |
| (b) (1) On or before January 1, 1997, the public utilities commission shall establish |
| regulations applicable to nonregulated power producers that are selling electricity in this state that |
| are necessary to meet (directly or through contract) the operating and reliability standards of the |
| regional power pool. |
| (2) In addition, the public utilities commission shall participate in all proceedings before |
| the fFederal eEnergy rRegulatory cCommission with respect to the modification and/or |
| termination of wholesale all requirements contracts in place as of January 1, 1996, between |
| electric-distribution companies operating in this state and their affiliated power suppliers. The |
| purpose of such participation is to ensure that termination fees payable by ultimate customers in |
| this state are determined in accordance with the provisions of § 39-1-27.4. To facilitate such |
| participation, the public utilities commission is authorized to assess electric-distribution |
| companies under its jurisdiction for its reasonable expenses incurred in connection with its |
| participation in those proceedings, up to a maximum of one hundred thousand dollars ($100,000) |
| per year, which assessments shall be in addition to all other assessments authorized by this title. |
| (3) On January 1, 1998, and annually for the next four (4) years thereafter, the public |
| utilities commission shall transmit to the governor, the speaker of the house, and the president of |
| the senate, a report detailing: developments in the competitive power supply market in this state; |
| estimated savings realized by customers as a result of the introduction of retail competition in the |
| power supply market; progress towards implementation of a regional transmission agreement for |
| New England and other reforms implemented by the regional power pool; and the status of |
| electric industry restructuring activities in the other New England states and any |
| recommendations for statutory changes. |
| (c) All nonregulated power producers seeking to do business in this state must file with |
| the division of public utilities and carriers a notarized registration application that includes the |
| information identified below and any additional information required by the division of public |
| utilities and carriers pursuant to regulations issued to protect the public interest in connection with |
| the registration of entities seeking to sell electricity at retail: |
| (1) Legal name; |
| (2) Business address; |
| (3) The name of the state where organized; the date of organization; a copy of the |
| articles of incorporation, association, partnership agreement, or other similar document regarding |
| legal organization; |
| (4) Name and business address of all officers and directors, partners;, or other similar |
| officials; |
| (5) Name, title, and telephone number of customer-service contact person; |
| (6) Name, title, and telephone number of regulatory contact person; |
| (7) Name, title, and address of registered agent for service of process; |
| (8) Brief description of the nature of business being conducted; and |
| (9) Evidence of financial soundness, except those nonregulated power producers that |
| may be obligated entities under §39-26-2(16) shall provide security such as a surety bond bonds, |
| a recent financial statement, or other financial instrument showing evidence of liquid funds, such |
| as a certificate of deposit, an irrevocable letter of credit, a line of credit, a loan, or guarantees or |
| other mechanism as in an amount specified by the division, pursuant to rules and regulations |
| promulgated by the division on or before February 1, 2017, provided that the amount be not less |
| than twenty-five thousand dollars ($25,000), nor more than five hundred thousand dollars |
| ($500,000). The financial instrument shall name the public utilities commission and division of |
| public utilities and carriers as obligees. Financial security shall be reviewed each year at the time |
| a nonregulated power producer makes its annual filing. The financial security shall be available to |
| satisfy penalties assessed by the division for violations of any consumer-protection rules or laws |
| related to nonregulated power producers; refunds ordered by the division; or failure to comply |
| with the provisions of chapter 26 of title 39, as determined by the public utilities commission. |
| Payments made pursuant to this subsection for violation of the provisions of §39-26-4 shall be |
| forfeited, and shall be remitted to the renewable energy development fund established in §39-26- |
| 7, or any successor funds, and all other forfeitures will be remitted to the state's general fund. |
| (d) Copies of all filings pursuant to subsection (c), shall be served upon the commission |
| and all electric-distribution companies. Updated information shall be filed within ten (10) days of |
| any change to the information included in a registration application, as filed or previously |
| updated. Registration applications filed pursuant to subsection (c), shall become effective thirty |
| (30) days after filing with the division, unless rejected during the thirty- (30) day (30) period. If |
| the division should reject a registration application, it shall specify the applicable reasons in |
| writing and, if practicable, identify alternative ways to overcome any deficiencies. After an |
| opportunity of a hearing, the division may rescind a nonregulated power producer's registration |
| for cause. Nonregulated power producers shall be authorized to do business in this state after their |
| registration becomes effective and while it remains in good standing. |
| (e) A filing fee of one hundred dollars ($100) shall accompany all registration |
| applications filed pursuant to subsection (c). Nonregulated power producers shall thereafter renew |
| their registrations with the division on an annual basis. Applications for renewal shall be filed |
| before the close of business on December 31 of each calendar year. Applications for renewal shall |
| specify any changes in previously filed registration information. A filing fee of one hundred |
| dollars ($100) shall accompany all applications for renewal of nonregulated power producer |
| status. |
| SECTION 2. This act shall take effect upon passage. |
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| LC003888/SUB A |
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