CHAPTER Puc 2000 COMPETITIVE
ELECTRIC POWER SUPPLIER AND AGGREGATOR RULES
PART Puc 2001 PURPOSE AND APPLICATION OF THE RULES
Puc 2001.01 Purpose.
The
purpose of Puc 2000 is to establish requirements for
the registration of competitive electric power suppliers and the registration
or notification procedures for aggregators with the commission. Puc 2000 also
establishes consumer protection requirements and enforcement provisions and
procedures.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10;
ss by #12372, eff 11-1-17
Puc 2001.02 Application of Rules.
(a)
These rules shall apply to competitive electric power suppliers as defined in Puc 2002.08, aggregators as defined in Puc
2002.03, and aggregators granted agency authority as defined in Puc 2002.04.
(b) These rules shall not apply to municipalities
operating municipal electric utilities under RSA 38, or to municipalities or
counties providing electricity or aggregating within the boundaries of
participating municipalities under RSA 53-E, or to utilities as defined in Puc 2002.24.
(c) The provisions of these rules which apply only
to residential or small commercial customer accounts shall not apply to
incidental residential accounts that are the responsibility of a
non-residential person, firm, or entity that is a large commercial customer.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10;
ss by #12372, eff 11-1-17
Puc 2001.03 Waiver of Rules. The commission shall consider and determine
any request for a waiver from the provisions of these rules pursuant to Puc 201.05.
Source. #12372, eff 11-1-17
PART Puc 2002 DEFINITIONS
Puc 2002.01 “Affiliate” means any of the
following:
(a) Any person or entity that directly or
indirectly owns, controls, or holds with power to vote a majority of the
outstanding voting securities or such minority thereof as to give such person
substantial control of another person or entity;
(b) Any person or entity that is directly or
indirectly owned, controlled, or held by any person or entity described in (a)
above through either power to vote a majority of the outstanding voting
securities or such a minority so as to maintain substantial control of such
person or entity;
(c) Any person or entity with which another
person or entity has a management or service contract or arrangement that
provides such person or entity with effective control over the management,
supervision, or operation of the other person or entity; or
(d) Any person or entity who or which actually
exercises effective control over the management, supervision, or operation of
another person or entity.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10;
ss by #12372, eff 11-1-17
Puc 2002.02 “Aggregate” means to combine the
electricity loads of 2 or more customers or a single customer with multiple
meters or multiple locations.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10;
ss by #12372, eff 11-1-17 (from Puc
2002.01)
Puc 2002.03 “Aggregator” means any person or
entity, other than a utility, that aggregates electric load or serves as a
broker on behalf of a competitive electric power supplier, an individual
customer, a group of customers, or any combination thereof. An aggregator does not take ownership of the
electricity. The term does not include
any employee aggregating load or brokering electricity supply on behalf of her
or his employer.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10;
ss by #12372, eff 11-1-17 (from Puc
2002.02)
Puc 2002.04 “Aggregator granted agency authority”
means an aggregator who or which has been granted express authority by a
customer to enter into an electricity supply contract with a CEPS or to choose
utility default service on behalf of the customer.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10
(from Puc 2002.03); ss by
#12372, eff 11-1-17
Puc 2002.05 “Applicant” means any person or entity
who or which has filed an application for registration or renewal as a CEPS or
an aggregator with the commission pursuant to Puc
2003.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10
(from Puc 2002.04); ss by
#12372, eff 11-1-17 (from Puc 2002.03)
Puc 2002.06 “Buyer’s aggregator” means an
aggregator that receives no compensation or remuneration from an electricity
supplier, such as a municipality that aggregates electric load or energy
services for its citizens or an RSA 301-A consumer cooperative that aggregates
electric load or energy for its members.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10
(from Puc 2002.05); ss by
#12372, eff 11-1-17
Puc 2002.07 “Commission” means the New Hampshire
public utilities commission.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10
(from Puc 2002.06); ss by
#12372, eff 11-1-17 (from Puc 2002.04)
Puc 2002.08
“Competitive electric power supplier (CEPS)” means any person or entity
that sells or offers to sell all-requirements electricity supply service to
retail customers, including net metering customers, in this state using the
transmission or distribution facilities of a utility. A CEPS takes ownership
of the electricity it sells. The term
does not include any utility or any municipal or county corporation operating
within its corporate limits or submetering at
campgrounds as described in RSA 362:3-a.
Source. #9774-A, eff 8-26-10 (from Puc 2002.07); ss by #12372, eff
11-1-17 (from Puc 2002.05)
Puc 2002.09
“Confidential customer information” means information that is collected
as part of providing electric services to a customer that can identify, singly
or in combination, that specific customer, and includes the customer name,
address, and account number and the quantity, characteristics, or time of
consumption by the customer, and also includes specific customer payment, financial,
banking, and credit information.
Source. #12372, eff 11-1-17
Puc 2002.10 “Customer” means any person or entity
in this state, including any governmental unit, which purchases electricity at
retail, and is the customer of record on the utility account.
Source. #12372, eff 11-1-17 (from Puc
2002.06)
Puc 2002.11 “Customer representative” means any
person, firm, or entity with the demonstrated legal right and authority to act
as an agent or representative on behalf of a customer.
Source. #12372, eff 11-1-17
Puc 2002.12
“Electricity suppliers” has the meaning set forth in RSA 374-F:2, II,
namely “suppliers of electricity generation services and includes actual
electricity generators and brokers, aggregators, and pools that arrange for the
supply of electricity generation to meet retail customer demand, which may be
municipal or county entities.”
Source. #12372, eff 11-1-17
Puc 2002.13 “Electricity supply offer” means a
solicitation by a CEPS to sell electricity or a solicitation by an aggregator
to arrange for or facilitate the purchase of electricity by a customer.
Source. #12372, eff 11-1-17 (from Puc
2002.07)
Puc 2002.14 “Electronic data interchange (EDI)”
means a standard set of data transactions used by electric distribution
companies and CEPS to send and receive data.
Source. #12372, eff 11-1-17
Puc 2002.15 “Enrollment” means the commencement of
a customer’s electricity supply service from a CEPS effective on the meter read
date described in Puc 2004.10(a) following successful
EDI notification by a CEPS to the utility.
Source. #12372, eff 11-1-17
Puc 2002.16
“Investment grade credit rating” means a current rating for senior
unsubordinated debt of AAA, AA, A, or BBB, as issued by S&P Global Ratings,
or Aaa, Aa, A, or Baa, as
issued by Moody’s Investors Service, Inc.
Source. #12372, eff 11-1-17
Puc 2002.17 “ISO-NE” means ISO New England, Inc.,
the entity serving as the regional transmission operator which oversees
the operation of New England's
bulk electric power
generation and transmission system and administers the regional wholesale
markets for electric energy and other electricity products, or its successors.
Source. #12372, eff 11-1-17
Puc 2002.18 “Large
commercial customer” means any non-residential customer that meets the availability criteria to take
service under a non-residential utility tariff and is not a small commercial
customer.
Source. #12372, eff 11-1-17
Puc 2002.19 “Principals”
means, for a corporation, any of its officers, directors, or controlling
shareholders, for a limited liability company, any of its managers or
controlling members, for a partnership, any of its general partners, and for any other business
entity, any of its personnel exercising executive functions and any of its
controlling equity owners.
Source. #12372, eff 11-1-17
Puc 2002.20 “Sanctionable
event” means a CEPS or aggregator has:
(1) Violated any provision of the rules included in this
chapter;
(2) Violated
the requirements of RSA 374-F:7 or any other provision
of RSA Title XXXIV applicable to CEPS or aggregators; or
(3) Engaged in
any unfair or deceptive acts or practices in the marketing, sale, or
solicitation of electricity supply or related services.
Source. #12372, eff 11-1-17
Puc 2002.21 “Slamming” means the initiation of the
transfer of a customer to a new CEPS or aggregator without the customer's
authorization.
Source. #12372, eff 11-1-17
Puc 2002.22 “Small commercial customer” means any
non-residential customer that meets the availability criteria to take service
under a non-residential utility tariff, and has a normal maximum demand
threshold of less than 20 kilowatts. The
term does not include any customer eligible to take service under a utility’s
small customer tariff for an individually metered account, but whose aggregated
accounts in New Hampshire exceed the combined demand threshold of 20 kilowatts.
Source. #12372, eff 11-1-17
Puc 2002.23 “Unaffiliated
third party” means an independent person or entity, who or which is not an
affiliate of the CEPS or aggregator granted agency authority, used to verify a
customer’s election to purchase electricity supply from a particular CEPS or to
contract with a particular aggregator granted agency authority.
Source. #12372, eff 11-1-17
Puc 2002.24
“Utility” means any electric generation, transmission, and/or
distribution company meeting the definition of a public utility under RSA 362:2
and RSA 362:4-a, and includes rural electric cooperatives.
Source. #12372, eff 11-1-17 (from Puc
2002.09)
PART Puc 2003 REGISTRATION AND ASSESSMENT
REQUIREMENTS
Puc 2003.01 Initial Registration of
Competitive Electric Power Suppliers.
(a) No CEPS shall sell electricity, or offer by
any means to sell electricity to any customer until the commission has approved
its registration in accordance with (d) below and the CEPS has complied with
the shopping comparison website initial information input requirements set forth
in Puc 2004.03(a)(1).
(b) An applicant seeking to register as a CEPS
shall:
(1) Complete and submit an application for
registration containing the information specified in Puc
2006.01;
(2) File the financial security instrument
described in Puc 2003.03 with the executive director;
and
(3) Pay the application fee of $250 to the
commission by submitting payment to the executive director.
(c) The commission shall reject the application
when information required to complete a CEPS registration is not provided by
the applicant within 60 days of request for such information.
(d) Unless a CEPS application is incomplete, does
not meet the application requirements, or is subject to outstanding requests
for additional information or clarification, within 60 days of receipt of a
complete application:
(1) The application shall be approved in writing,
which approval shall be issued by the executive director, unless the approval
requires the grant of a rule waiver under Puc 201.05;
(2) The application shall be denied in writing;
or
(3) The application shall be deemed to have been
approved.
(e) The commission shall deny a CEPS application
if it determines that the applicant or any of the applicant’s principals or
affiliates has:
(1) Been found in other state(s), after notice
and opportunity to be heard, to have committed violations, such that the
commission determines that it is not in the public good to allow registration;
(2) Within the 10 years immediately prior to
registration, had any civil, criminal or regulatory sanctions or penalties
imposed against it, him or her pursuant to any state or federal consumer
protection law or regulation, such that the commission determines that it is
not in the public good to allow registration;
(3) Knowingly made a false statement of material
fact in the application; or
(4) Been the subject of consumer complaints in
other states in such number and of such types as establishes a pattern
demonstrating engagement in:
a.
Misleading or deceptive marketing
or sales practices;
b.
Inaccurate billing when
billed by the CEPS;
c.
Fraud;
d.
Slamming, meaning the
initiation of the transfer of a customer to a new CEPS or
aggregator without the customer's authorization; or
e.
Other practices found by the
commission to be harmful or potentially harmful to customers.
(f) In the event that the commission denies an
application for registration, the applicant may, within 30 days, file a request
for reconsideration or a hearing before the commission.
(g) The CEPS registration shall be valid for a
period of 3 years.
(h) The application fee shall be forfeited for
applications which are rejected.
(i) A new application
fee pursuant to (b)(3) above shall apply to submission
of an application which has previously been rejected.
(j) Each CEPS shall
notify the commission of any changes to the information required to be
submitted pursuant to this section and Puc 2006.01,
with the exception of the information specified in Puc
2006.01(n) and (o). The CEPS shall
provide such notice in advance, when practicable, but no later than 10 business
days following the effective date of the change, in all cases.
(k) If a CEPS fails to
comply with the requirements or obligations of this chapter, the commission
shall determine whether to charge against the CEPS’s financial security by
following the process described in Puc 2005, subject
to the priority set forth in Puc 2003.03(b).
(l) Within 10 days of receiving commission
approval of its registration application, a CEPS shall
notify, in writing, each utility in whose franchise area it intends to operate
that it has successfully completed its registration.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10;
ss by #12372, eff 11-1-17
Puc 2003.02 Renewal Registration of
Competitive Electric Power Suppliers.
(a) Each registered CEPS shall renew its
registration with the commission every 3 years by:
(1) Completing and submitting an application for
renewal registration containing the information specified in Puc 2006.01; and
(2) Filing the original financial security
instrument required under Puc 2003.03 with the
executive director, unless the financial security instrument previously filed
with the commission will remain in effect during the entire renewal term.
(b) Each application for renewal shall be
submitted no less than 60 days and no more than 120 days prior to the
expiration of the CEPS’s currently effective registration. If a CEPS fails to
renew its registration, its registration shall expire by its terms.
(c) Unless a CEPS renewal application is
incomplete, does not meet the application requirements, or is subject to
outstanding requests for additional information or clarification, within 60
days of receipt of a complete application:
(1) The application shall be approved in writing,
which approval shall be issued by the executive director, unless the approval
requires the grant of a rule waiver under Puc 201.05;
(2) The application shall be denied in writing;
or
(3) The application shall be deemed to have been
approved.
(d) The commission shall deny a CEPS application
for renewal if it determines that the applicant or any of the applicant’s
principals or affiliates has:
(1) Been found in New Hampshire or other
state(s), after notice and opportunity to be heard, to have committed
violations, such that the commission determines that it is not in the public
good to allow registration;
(2) Since its registration, had any civil,
criminal, or regulatory sanctions or penalties imposed against it, him, or her
pursuant to any state or federal consumer protection law or regulation, such
that the commission determines that it is not in the public good to allow
registration;
(3) Knowingly made a false statement of material
fact in the renewal application;
(4) Been the subject of substantiated consumer
complaints in New Hampshire or other states in such number and of such types as
establishes a pattern demonstrating engagement in:
a.
Misleading or deceptive
marketing or sales practices;
b.
Inaccurate billing;
c.
Fraud;
d.
Slamming; or
e. Other practices found by the commission to be
harmful or potentially harmful to customers; or
(5) Had its registration suspended or revoked
pursuant to Puc 2005 and has not:
a.
Demonstrated its ability to
avoid a similar sanctionable event; and
b. Paid
all applicable fines and complied fully with any commission order issued as a
result of a sanctionable event.
(e) In the event that the commission denies an
application for registration, the applicant may, within 30 days, file a request
for reconsideration or a hearing before the commission.
(f) A renewed CEPS registration shall be valid for a period of 3
years.
(g) The commission
shall reject an application for renewal when information required to complete
the CEPS registration renewal is not provided within 60 days of the request for
such information.
(h) Each CEPS shall notify the commission of any changes to the
information required to be submitted pursuant to this section and Puc 2006.01, with the exception of the information
specified in Puc 2006.01(n) and (o). The CEPS shall provide such notice in
advance, when practicable, but no later than 10 business days following the
effective date of the change, in all cases.
(i) If a CEPS fails to
comply with the requirements or obligations of this chapter, the commission
shall determine whether to charge against the CEPS’s financial security by
following the process described in Puc 2005, subject
to the priority set forth in Puc 2003.03(b).
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10;
ss by #12372, eff 11-1-17
Puc 2003.03 Financial Security
Requirements of Competitive Electric Power Suppliers.
(a) The financial
security instrument required by Puc 2003.01(b)(2) shall:
(1) Be in the form of:
a. An irrevocable standby letter of credit issued by:
i. A bank on the ISO-NE list of
approved letter of credit banks and presentable at a U.S. office of such bank;
or
ii. A bank with a retail office in New
Hampshire and presentable at a New Hampshire office of such bank;
b. A surety bond issued by an insurance company
or bonding company included on the U.S. Treasury Department’s list of certified
companies and licensed in New Hampshire, with demand to be made on a U.S. office
of the named surety; or
c. An unconditional guaranty of payment executed
by the parent company or other affiliate of the CEPS, if the parent company has
and maintains an investment grade credit rating;
(2) Be in an amount equal to the greater of:
a. $100,000; or
b. 25% of the CEPS’s actual gross revenue in New
Hampshire for the preceding full year of operation, not including revenue from
the provision of default service, for any year after the CEPS’s first full year
of operation;
(3) Not exceed $500,000, notwithstanding (2)
above;
(4) Name the commission as beneficiary, obligee, or guaranteed party, as applicable;
(5) Have an effective term of no less than 12
months with a 6 month extended claims, draws, or demand period;
(6) Have no right of cancellation during the
initial effective term of the financial security instrument; and
(7) Be adjusted annually, if based on actual or
estimated gross revenue, under (2) b above.
(b) The commission shall make a claim under or
pursue an action against financial security instruments for the following
purposes and in the following order of payment priority:
(1) Customer complaint reparations, ordered by
the commission following notice and hearing and remaining unpaid by the CEPS
after 30 days;
(2) Fines or sanctions for violation of
applicable laws or rules, assessed by the commission following notice and
hearing and remaining unpaid by the CEPS after 30 days;
(3) Alternative compliance payments (ACPs) due to
the commission under RSA 362-F and Puc 2500 rules,
but remaining unpaid by the CEPS after 60 days; and
(4) Commission annual assessment remaining unpaid
by the CEPS on June 1 of any calendar year, in the absence of exemption or good
faith objection.
(c) Each financial security instrument shall
contain the following operative language:
“The New Hampshire Public
Utilities Commission may draw upon this financial security instrument if and
when the Company has failed to make required payment(s) and/or payment
arrangements in accordance with the terms and conditions of an order issued by
the New Hampshire Public Utilities Commission on _______, 20__.”
(d) In the event the commission draws on a
financial security instrument pursuant to Puc 2005
and (b) above, the CEPS shall replenish the financial security instrument to
the full amount required by (a)(2) and (3) above
within the timeframe specified by the commission in any decision or order.
(e) If the financial security instrument provided
by a CEPS to the commission in connection with its
original or any renewal registration will not be renewed or extended beyond its
expiration date, the CEPS shall:
(1) Provide written notice to the commission of
such non-renewal or non-extension no less than 60 days prior to the expiration
date; and
(2) File with the executive director a
replacement financial security instrument meeting the requirements of (a) above
no less than 30 days prior to the expiration date.
(f) A CEPS that fails to comply with the
requirement to file a replacement financial security instrument under (e)(2) above shall be subject to fines, suspension, or
revocation pursuant to Puc 2005.
Source. #9774-A, eff 8-26-10; ss
by #12372, eff 11-1-17
Puc 2003.04 Reporting Requirements of
Competitive Electric Power Suppliers.
(a) No later than January 31, April 30, July 31
and October 31 of each year, each CEPS shall submit a
confidential quarterly sales report containing the information specified in Puc 2006.03.
(b) The report required in (a) above shall be
provided on a confidential basis to the Office of Consumer Advocate.
(c) Each CEPS shall
file, by July 1 of each year, the Annual Renewable Portfolio Standard
Compliance Filing required by Puc 2503.03.
(d) Each CEPS shall pay
to the commission, by July 1 of each year, any alternative compliance payment
due pursuant to Puc 2503.
Source. #9774-A, eff 8-26-10 (from Puc 2003.02); ss by #12372, eff
11-1-17
Puc 2003.05 Registration of Aggregators.
(a) Any person or entity that acts solely as a
buyer’s aggregator, such as a municipality acting on
behalf of its citizens, shall notify the commission of its intent to do
business.
(b) With the exception of (a) above, a buyer’s
aggregator shall not otherwise be subject to the provisions of this chapter.
(c) Any person or entity seeking to provide
aggregation services to customers shall register with the commission prior to
providing such services.
(d) No applicant shall market to customers, make
legally binding offers to customers, or enroll customers, until it has
completed all aspects of the registration process required by this chapter.
(e) An applicant seeking to register as an
aggregator shall:
(1) Complete and submit an application for
registration containing the information and signature specified in Puc 2006.02; and
(2) Pay the application fee of $250
to the commission
by submitting payment to the executive director.
(f) The commission shall reject an application
for aggregator registration when information required to complete such
registration is not provided within 60 days of request for such information.
(g) Unless an application for aggregator
registration is incomplete, does not meet the application requirements, or is
subject to outstanding requests for additional information or clarification,
within 60 days of receipt of a complete application:
(1) The application shall be approved in writing
by the executive director, unless the approval requires the grant of a rule
waiver under Puc 201.05;
(2) The application shall be denied in writing;
or
(3) The application shall be deemed to have been
approved.
(h) The commission shall deny an application for
aggregator registration if it determines that the applicant or any of the
applicant’s principals or affiliates has:
(1) Been found in other state(s), after notice
and opportunity to be heard, to have committed violations, such that the
commission determines that it is not in the public good to allow registration;
(2) Within the 10 years immediately prior to
registration, had any civil, criminal, or regulatory sanctions or penalties
imposed against it, him, or her pursuant to any state or federal consumer
protection law or regulation, such that the commission determines that it is
not in the public good to allow registration; or
(3) Knowingly made a material false statement of
fact in the application.
(i) The application fee shall be forfeited for
applications which are rejected.
(j) In the event that the commission denies an
application for registration, the applicant may, within 30 days, file a request
for reconsideration or a hearing before the commission.
(k) A new application fee pursuant to (e)(2) above shall apply to submission of an application which
has previously been rejected.
(l) Aggregator registrations approved by the
commission shall be valid for 2 years from the effective date of approval.
(m) Each aggregator shall notify the commission
of any changes to the information required to be submitted pursuant to this
section and Puc 2006.02, with the exception of the
information specified in Puc 2006.02(i); such notification to be provided in advance, when
practicable, but no later than 10 business days following the effective date of
the change, in all cases.
Source. #9774-A, eff 8-26-10; ss
by #12372, eff 11-1-17
Puc 2003.06 Renewal of Registration by
Aggregators.
(a) Each registered aggregator shall renew its
registration after the initial 2 year period, by completing and submitting an
application for renewal registration containing the information and signature
specified in Puc 2006.02, no less than 60 days and no
more than 120 days prior to the expiration of the aggregator’s currently
effective registration.
(b) The initial and each renewed aggregator
registration shall expire 2 years from the date of approval, unless the
registration is renewed and approved prior to the end of such 2 year period.
(c) An aggregator renewing its registration, and
not assessed for the fiscal year preceding such renewal, shall include with its
application for aggregator registration a renewal fee of $125.00 payable to the
commission and submitted to the executive director.
(d) An aggregator renewing its registration, and
assessed for the fiscal year preceding such renewal, shall not be required to
pay a renewal fee.
(e) Unless an application for aggregator
registration renewal is incomplete, does not meet the application requirements,
or is subject to outstanding requests for additional information or
clarification, within 60 days of receipt of a complete application:
(1) The application shall be approved in writing
by the executive director, unless the approval requires the grant of a rule
waiver under Puc 201.05;
(2) The application shall be denied in writing;
or
(3) The application shall be deemed to have been
approved.
(f) The commission shall deny an aggregator
application for renewal if it determines that the applicant or any of the
applicant’s principals or affiliates has:
(1) Been the subject of substantiated consumer
complaints in New Hampshire or other states in such number and of such types as
establishes a pattern demonstrating engagement in:
a.
Misleading or deceptive
marketing or sales practices;
b.
Fraud;
c.
Slamming; or
d. Other practices found by the commission to be
harmful or potentially harmful to
customers;
(2) Since its registration, had any civil,
criminal, or regulatory sanctions or penalties imposed against it, him, or her
pursuant to any state or federal consumer protection law or regulation, such
that the commission determines that it is not in the public good to allow
registration;
(3) Knowingly made a false statement of material
fact in the renewal application; or
(4) Had its registration suspended or revoked
pursuant to Puc 2005 based on the occurrence of a sanctionable event and has not:
a.
Demonstrated its ability to
avoid a similar sanctionable event; and
b.
Paid all applicable fines
and complied fully with any Commission order issued as a result of the sanctionable event.
(g) In the event that the commission denies an
application for registration, the applicant may, within 30 days, file a request
for reconsideration or a hearing before the commission.
(h) A renewed aggregator registration, approved
by the commission, shall be valid for 2 years from the effective date of
approval.
(i) Each aggregator shall notify the commission
of any changes to the information required to be submitted pursuant to this
section and Puc 2006.02, with the exception of the
information specified in Puc 2006.02(i); such notification to be provided in advance, when
practicable, but no later than 10 business days following the effective date of
the change, in all cases.
Source. #12372, eff 11-1-17
Puc 2003.07 Assessment.
(a) Each CEPS that is registered as of July 1 of
any year shall be billed for a $10,000 assessment, unless an exemption claim
containing the information specified in Puc 2006.04
is submitted by the CEPS to the commission on or before July 10 of the same
year.
(b) Each aggregator that is registered as of July
1 of any year shall be assessed $2,000, unless an exemption claim containing
the information specified in Puc 2006.04 is submitted
by the aggregator to the commission on or before July 10 of the same year.
(c) Annually, a CEPS or an aggregator earning
less than $10,000 in gross revenue in New Hampshire during the most recent
fiscal year, from July 1 through June 30, shall complete and submit an
exemption claim containing the information specified in Puc
2006.04 or the CEPS or aggregator shall be assessed the amount specified in (a)
or (b) above.
Source. #12372, eff 11-1-17
Puc 2003.08 Withdrawal of Registration.
(a) A CEPS which no longer sells electricity to
customers in New Hampshire shall request withdrawal of its registration in
order to be released from its financial security obligation and subsequent
assessment by filing a letter with the executive director confirming the CEPS
has:
(1) Served no customers for the past 120 days;
and
(2) Complied with the applicable provisions of Puc 2004.13 through 2004.16.
(b) An aggregator which no longer serves
customers in New Hampshire shall request withdrawal of its registration to
avoid subsequent assessment by:
(1) Filing a letter with the executive director;
and
(2) Attaching a copy of its notice, sent to
customers no less than 30 days prior to the request for withdrawal, informing
customers that the aggregator will no longer provide service by a specified
date.
(c) The commission shall approve withdrawal of
registration of a CEPS or aggregator if there are no pending customer
complaints against the CEPS or aggregator requesting withdrawal.
(d) If there are pending customer complaints
against the CEPS or aggregator requesting withdrawal of registration, the
commission shall approve the withdrawal after the complaints are resolved.
Source. #12372, eff 11-1-17
PART
Puc 2004 CONSUMER PROTECTION REQUIREMENTS
Puc 2004.01 Applicability. The provisions
in this section shall apply to the sale of electricity to all customers except
where stated otherwise.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10;
ss by #12372, eff 11-1-17
Puc 2004.02 Disclosure of Terms of
Service by Competitive Electric Power
Suppliers.
(a) Each CEPS shall send
each of its customers a written statement regarding terms of service within 3
business days of entering into an agreement to sell electricity.
(b) No agreement between a CEPS and a customer
for the sale of electricity shall be effective until:
(1) The customer or the customer representative
has provided authorization as described in Puc
2004.08;
(2) The CEPS has made the disclosure required by
this section; and
(3) The rescission period required by (d)(14) below has concluded.
(c) A CEPS shall not rely on an aggregator to
satisfy any of its obligations required by this chapter unless:
(1) The CEPS has a written agreement with an
aggregator granted agency authority specifying that the aggregator accepts the
obligations of the CEPS pursuant to this chapter;
(2) The CEPS agrees to provide a copy of the
written agreement pursuant to (1) above at the Commission’s request; and
(3) The CEPS accepts all financial responsibility
for any remedies or damages as a result of the aggregator’s failure to satisfy
the CEPS’ obligations pursuant to this chapter.
(d) Each CEPS shall
include the following in its terms of service:
(1) The name, business address, telephone number,
and e-mail address of the CEPS;
(2) An itemized list of all supplier added
charges;
(3) Price disclosure information required by Puc 2004.03 (b) or (f), whichever is applicable;
(4) A statement that the CEPS’s price does not
include, and the customer will be billed by the distribution company for,
charges related to the delivery of electricity, including but not limited to,
the price of transmission and distribution, the system benefits charge,
stranded cost recovery charge, and taxes;
(5) For residential customers, a list of social
service agencies and programs available to low income customers for bill
payment assistance;
(6) The due date of bill payments and the
consequences of late payments, including the amount of any late payment fee or
the interest or finance charge assessed for late payments;
(7) A statement that the residential and small
commercial customer has a right to change CEPS at any time and with no advance
notice requirement, subject to payment of any termination fees described in the
terms of service;
(8) Any other fees, penalties, or charges payable
to the CEPS, including any termination fees and any device or equipment cost
recoupment charges, for which the customer would be responsible;
(9) An explanation of how the customer will be
billed for electricity sales and the name, address, and telephone number of the
CEPS’s billing agent, if any;
(11) The toll free telephone number of the
commission’s division that processes customer complaints and a statement that customers may contact the commission if they have
questions about their rights and responsibilities;
(12) Deposit requirements, if any, and the rate of
interest paid on deposits;
(13) A statement that the CEPS shall not release
confidential customer information, except as otherwise permitted under Puc 2004.19, without written authorization from the
customer, and a description of confidential customer information and any other
information considered confidential by the CEPS;
(14) An opportunity for each residential or small
commercial customer to rescind authorization:
a. Within 5 business days from the date the customer
electronically receives the terms of service;
b. Within 6 business days from the postmarked date of the
terms of service agreement being mailed to the customer by first class mail;
c. Within 10
business days from the date a residential customer electronically receives the terms
of service, if the customer was enrolled through an in-person solicitation at
the customer’s residence; or
d. Within 11
business days from the postmarked date of the terms of service agreement being
mailed to a residential customer by first class mail, if the customer was
enrolled through an in-person solicitation at the customer’s residence;
(15) A statement that, by accepting the terms of
service, the customer affirmatively consents to
the utility sharing billing and payment information with the CEPS,
including the customer’s participation in budget billing or extended payment
arrangements;
(16) An explanation of the options the customer
will have at the end of any term of the contract, including the deadlines for
choosing each option; and
(17) An explanation of how the customer or the
customer representative terminates service with the supplier by either:
a. Notifying the CEPS of termination;
b. Contracting with a new CEPS for electricity
supply;
c. Contracting with an aggregator granted
agency authority; or
d. Contacting the utility to select utility
default service.
(e) A CEPS shall request that each residential
and small commercial customer specify the customer’s preferred form of
communication for receipt of information required under this chapter by
choosing one of the following:
(1) Electronic-mail for all communications;
(2) Written correspondence delivered by U.S. mail
for all communications; or
(3) Text messaging for
communications after completion of customer enrollment, if text messaging
communication is offered by the CEPS.
(f) In addition to the full terms and conditions
of service required by (a) above, a CEPS shall ensure that a summary of the
terms of service shall be provided to each residential and small commercial
customer using the “Disclosure Summary Template Form” dated 06/2017 and
delivered using the customer’s preferred form of communication.
(g) The terms of service required by this section
shall be:
(1) Written in plain language;
(2) Legibly typed or printed;
(3) Delivered to the customer in the customer’s
preferred form of communication; and
(4) Printed in a font size no smaller than 12
point for residential and small commercial customers.
(h) Arbitration or other process for complaint resolution
between a CEPS and a residential or small commercial customer shall be
conducted in New Hampshire pursuant to New Hampshire law and applicable federal
law.
(i) A CEPS shall not submit a customer enrollment
request to a utility until any applicable customer right of rescission has
lapsed.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10;
ss by #12372, eff 11-1-17
Puc 2004.03 Price Disclosure.
(a) Each registered CEPS shall input into a
shopping comparison website, maintained by the commission, information
regarding the CEPS’s standard fixed and variable pricing policies, charges, and
key terms for residential and small commercial customers, as follows:
(1) Following its initial registration, the CEPS
shall be provided a secure link to the shopping comparison website through
which it shall input the required information prior to selling or offering by
any means to sell electricity to any customer; and
(2) The required information shall be updated
whenever it changes, but no less frequently than once per month, as required
under RSA 374-F:4-b, II.
(b) A CEPS shall include the following on both
its website and in its terms of service for a variable price offer to
residential and small commercial customers:
(1) A clear statement that the variable price
being offered is based on market prices or some other identified price index,
if applicable;
(2) If the variable price being offered is not
based on market prices or some other price index as described in (1) above, a
clear statement that the variable price being offered is not based on market
prices or some other identified price index;
(3) A general description of the components used
in determining the variable price and the frequency of variation;
(4) Unless the variable rate product includes a
mechanism for providing advance notice of the variable rate to the customer, a
statement that the customer will not know what price the customer will pay for
electricity used until the bill is issued;
(5) A statement that it may take one or more
billing cycles for a price variation to become effective;
(6) The maximum and minimum monthly price, stated separately, that a similarly situated retail
customer in New Hampshire would have paid over the preceding 12 month period;
(7) Any applicable price cap;
(8) Any applicable price floor; and
(9) The website address where the current
publicly available price per kWh required in (c) below is identified.
(c) A CEPS charging a variable price or variable
prices shall maintain a publicly available web site where residential and small
commercial customers may readily obtain the applicable variable price per kWh
no less than 5 calendar days in advance of the effective date of the price.
(d) Residential and small commercial customers
shall be notified at least 30 days prior to the effective date of any increase
in a variable price projected to increase by 25 percent or more per
kilowatt-hour using the customer’s preferred form of communication.
(e) The notice required pursuant to (d) above
shall confirm that the actual variable price per kWh shall be available on the
CEPS website no less than 5 days in advance of the effective date of the price
increase.
(f) Residential and small commercial customers
shall be notified no less than 45 days and no more than 60 days prior to the
effective date of any change in the terms or structure of a variable price
using the customer’s preferred form of communication.
(g) A CEPS shall include the following on both
its website and in its terms of service for a fixed price contract offer to
residential and small commercial customers:
(1) The fixed price per kWh the customer will be
charged;
(2) The average monthly price for service a
residential customer will be charged when the fixed price includes charges in
addition to the fixed price per kWh in (1) above, assuming a monthly usage of:
a. 500 kWh;
b. 1000 kWh; and
c. 1500 kWh;
(3) The average monthly price for service a small
commercial customer will be charged when the fixed price includes charges in
addition to the fixed price per kWh in (1) above, assuming a monthly usage of:
a. 2000 kWh;
b. 4000 kWh; and
c. 6000 kWh;
(4) The term of the fixed price contract stated
in:
a. Months; or
b. The effective ending meter read month;
(5) A description of the customer’s options at
the end of the term and of how the customer may exercise those options; and
(6) Any fees payable to the CEPS for early
termination by the customer.
(h) When a fixed price contract offer includes
charges based on demand, the terms of service shall include the average price
per kW of demand, or other billing determinants for demand charges, if other
than a fixed rate per kW.
(i) If the energy charge for the proposed service
is based on determinants other than a fixed rate per kWh, such as time-of-use
or real time rates, all applicable billing determinants, broken down by
time-of-use, and a historic average price per kWh for a typical load profile,
described by at least hour of day and day of week, covering an identified 12
month historical period ending within one year and one month of the date of the
disclosure.
(j) No variable price contract with a CEPS shall
bind a residential or small commercial customer for a period longer than a
one-month billing cycle or impose a fee for termination of the contract by a
residential or small commercial customer, except if and to the extent that any
such fee:
(1) recoups the cost of
a device or other equipment provided to the customer without charge as an incentive
for selecting the CEPS; or
(2) is part of a power
purchase agreement for some or all of the electrical output from a specific
generator source.
(k) CEPS shall permit residential and small
commercial customers to terminate a contract for service at any time, and
without requiring the customer or the customer representative to provide
advance notice to the CEPS, by contracting with another
CEPS, by switching to utility default energy service, or by contacting the CEPS
through the following means of communication:
(1) Telephone;
(2) Electronic-mail;
(3) Written correspondence sent by U.S. mail; or
(4) Electronic on-line communication options
provided by the CEPS.
(l) A CEPS shall retain records of the written
notices provided to customers regarding the nature of its variable rate
contract pricing terms for a period of not less than 2 years and shall make
such records available to the commission upon request by the commission.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10;
ss by #12372, eff 11-1-17
Puc 2004.04 Disclosure Prior to End of
Contract.
(a) No less than 45 days and no more than 60 days
prior to the end of a fixed price contract with a residential or small
commercial customer, the CEPS shall provide the customer notice of the date the
fixed price contract ends and notice of the renewal options.
(b) A CEPS shall not automatically renew or
extend a fixed price contract with a residential or small commercial customer
beyond the end date specified in (a) above without disclosing to the customer
using the customer’s preferred form of communication:
(1) The fixed price the customer will be charged
after the contract end-date provided to the customer pursuant to (a) above if
the customer takes no action;
(2) The term of any new fixed price contract if
the customer takes no action;
(3) The date by which the customer must notify
the CEPS to avoid a new fixed price contract; and
(4) Instructions that the customer must do one of
the following to receive service from a different supplier:
a. Contract with a new CEPS for electricity supply before
the contract end date provided in accordance with (a) above;
b. Contact the
CEPS to request a return to utility default service before the contract end
date provided in accordance with (a) above; or
c. Contact the utility to select utility default service
before the contract end date provided in accordance with (a) above.
(c) At the end of a fixed price contract, a CEPS shall not transition a customer to a variable price
unless it has provided the following no less than 45 days and no more than 60
days prior to the contract end date:
(1) The information required in Puc 2004.03(b);
(2) Disclosure of the current variable price;
(3) The date no less than 3 business days prior
to the scheduled meter read date by which the customer must contact the CEPS or
change to a new CEPS or select utility default service to avoid the variable
price; and
(4) Instructions that the customer must do one of
the following to receive service from a different supplier:
a. Contract with a new CEPS for electricity supply before
the contract end date provided in accordance with (3) above;
b. Contact the
CEPS to request a return to utility default service before the contract end
date provided in accordance with (3) above; or
c. Contact the utility to select utility default service
before the contract end date provided in accordance with (3) above.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10;
ss by #12372, eff 11-1-17
Puc 2004.05 Environmental Disclosure.
(a) No less frequently than once each year, a
CEPS shall provide each of its customers with an environmental disclosure label
identifying the sources of its electric energy service and the environmental
characteristics of such sources using the customer’s preferred form of
communication.
(b) The environmental disclosure label shall:
(1) Identify the environmental
characteristics of the sources’ energy mix for the service including at a
minimum air emissions information for sulfur dioxide (SO2), nitrogen
oxides NOx), and carbon dioxide (CO2);
(2) Compare the source and emission data of the
source energy mix to the average energy mix of the power available from ISO-NE,
as specified in the system mix report available from the New England Power Pool
Generation Information System (GIS);
(3) Present the energy sources used to generate
the electricity, including, at a minimum, biomass, coal, hydro, imported power,
landfill gas, municipal trash, natural gas, nuclear, oil, other renewable,
solar, and wind, and their respective contributions, by percentage, to the
total source energy mix for the service;
(4) Contain explanatory language at the top of
the label which states “Electric providers are required by the New Hampshire Public
Utilities Commission to provide customers with an environmental disclosure
label with information to evaluate services offered by competitive suppliers
and electric utilities, and to provide information about the environmental and
public health impacts of electric generation.
Further information can be obtained by calling your electric utility or
competitive electric supplier or by contacting the Public Utilities
Commission. Additional information on
disclosure labels is also available at http:/www.puc.nh.gov or on your electric
provider’s website.”; and
(5) Define the term power sources as “The
electricity you consume comes from the New England power grid, which receives
power from a variety of power plants and transmits the power as needed to meet
the requirements of all customers in New England. When you choose a power supplier, that
supplier is responsible for generating and purchasing power that is added to
the power grid in an amount equivalent to your electricity use. “Known
Resources” include resources that are owned by, or under contract to, the
supplier. “System Power” represents
power purchased in the regional electricity market. Electric suppliers are required to obtain a
certain amount of renewable energy in accordance with RSA 362-F, the state’s
renewable portfolio standard law. They
may also choose to obtain amounts of renewable energy above their legal
obligation.”
(c) A CEPS shall provide all new customers with
an environmental disclosure label at the start of service.
(d) A CEPS shall post in an easily accessible
location on its public website a copy of the current environmental disclosure
for each electric service it sells in the state.
(e) The environmental disclosure label shall be
updated no less frequently than annually.
(f) A CEPS shall deliver the environmental
disclosure label to each customer using the customer’s preferred form of
communication.
(g) The environmental disclosure label required
by this section shall be provided in an electronic format to the Commission
whenever it is updated and no less frequently than annually.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10
(from Puc 2004.04); ss by
#12372, eff 11-1-17
Puc 2004.06 Billing.
(a) Any CEPS bill not issued by the utility shall
include the following information:
(1) The starting and ending date of the billing
period;
(2) The starting meter reading and the ending
meter reading for the billing period;
(3) Any fixed monthly charges;
(4) The price per kWh for electricity usage and
all other applicable billing determinants;
(5) An indication as to whether the bill is based
on actual or estimated usage;
(6) The total kWh and all other applicable
billing determinants, such as demand charges used during the billing period,
which shall include for customers on a time of use or similar pricing schedule
the total kWh and all other applicable billing determinants used broken down by
time of use;
(7) The average price expressed per kWh billed by
the CEPS to the customer during the billing period;
(8) Any applicable penalty date and the amount of
the applicable penalty, including but not limited to penalties for late
payments;
(9) Any other factors necessary to compute the
charges;
(10) An itemized breakdown of the charges,
including any late fee or penalty, and the name of the company or entity
assessing the charge;
(11) The toll free telephone number and e-mail
address, if available, of the CEPS customer service department or customer
service contact person;
(12) A statement that the customer has the right
to file a complaint with the commission after the customer has attempted to
resolve the dispute with the CEPS; and
(13) The toll free telephone number of the
commission’s division that processes customer complaints.
(b) Upon request of a customer, a CEPS shall provide the customer with a clear and concise
statement of the customer’s actual consumption for each billing period during
the prior year or the months in the prior year during which the CEPS sold
electricity to the customer.
(c) A CEPS not using utility consolidated billing
shall issue each monthly bill for residential and small commercial customers no
later than 5 calendar days from the date usage is received from the utility.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10
(from Puc 2004.05); ss by
#12372, eff 11-1-17
Puc 2004.07 Disclosure by Aggregators.
(a) Prior to entering into an agreement to
provide aggregation service to a customer, an aggregator shall:
(1) Provide an explanation of fixed price supply
and variable price supply service options;
(2) Determine if the customer is interested in a
fixed price or a variable price product; and
(3) Provide the
customer with its terms and conditions of service.
(b) An aggregator shall request that each
residential and small commercial customer specify the customer’s preferred form
of communication for receipt of information required under this chapter as one
of the following:
(1) Electronic-mail;
(2) Written correspondence delivered by U.S.
mail; or
(3) Text messaging for communications once the
customer has engaged the aggregator, if text messaging communication is offered
by the aggregator.
(c) No agreement between an aggregator and a
customer for aggregation services shall be valid until the aggregator has made
the disclosure required by this section.
(d) Each aggregator shall include the following
in its terms of service:
(1) The name, business address, telephone number,
and e-mail address of the aggregator;
(2) The names of any CEPS that is affiliated with
the aggregator;
(3) The names of any CEPS that is not legally
affiliated with, but shares common management or ownership with the aggregator;
(4) A statement whether the agreement with the
aggregator authorizes the aggregator to enter into a supply contract with a
CEPS on the customer’s behalf and if authorization is with or without further
communication with the customer;
(5) An explanation that, if the customer or the
customer representative authorizes the aggregator to enter into a supply
contract on the customer’s behalf and the customer or the customer
representative subsequently chooses to enter into a supply contract directly
with a CEPS, then the customer or the customer representative must notify the
aggregator that the customer has entered into the contract and the aggregator
receiving such notice shall not enter into a supply contract on behalf of the
customer until the customer’s supply contract with the CEPS has ended;
(6) An explanation that, if the customer or the
customer representative authorizes the aggregator to enter into a supply
contract on the customer’s behalf and the aggregator subsequently enters into a
supply contract directly with a CEPS on the customer’s behalf, the customer
will receive a copy of such supply contract
prior to the effective date of enrollment, and that the customer or the
customer representative must take action to rescind the contract within the
specified time if the customer does not agree to have the customer’s electric
service be supplied by the CEPS and billed at the CEPS’s rates;
(7) The criteria the aggregator will use when
selecting a CEPS for the customer;
(8) The duration of the aggregator’s contract
with the customer, including a statement that the customer has a right to
change aggregators, subject to the terms of the contract;
(9) An explanation that a customer may not employ
the services of more than one aggregator granted agency authority at any given
time;
(10) Disclosure of any early termination fees, if
applicable;
(11) Any fees payable to the aggregator for which
the customer will be responsible;
(12) Whether the aggregator receives fees or
compensation from a CEPS, through energy supply
service rates or otherwise, for accounts it places with the CEPS;
(13) The toll free telephone number of the
commission's division that processes customer complaints and a statement that
customers may contact the commission if they have questions about their rights
and responsibilities; and
(14) A statement that the aggregator shall not
release confidential customer information, except as otherwise permitted under Puc 2004.19, without written authorization from the
customer, along with a description of confidential customer information and any
other information considered confidential by the aggregator or CEPS.
(e) The disclosure statement required by this
section shall be written in plain language and shall be legibly typed or
printed in a font size no smaller than 12 point.
(f) When an aggregator with agency authority
enters into a supply contract with a CEPS on behalf of
a residential or small commercial customer, the aggregator shall provide:
(1) The terms and conditions of service for the
supply contract with the CEPS;
(2) Notice that the supply contract with the CEPS
is valid unless the customer or the customer representative rescinds the
contract with the CEPS for supply service by a specified date;
(3) Notice that the customer or the customer
representative can rescind the supply contract by contacting either:
a. The CEPS; or
b. The aggregator; and
(4) Notice of the customer’s right to rescind the
supply contract required by Puc 2004.02 (d)(14).
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10
(from Puc 2004.06); ss by
#12372, eff 11-1-17
Puc 2004.08 Customer Authorization
Required for CEPS.
(a) A CEPS shall not submit on behalf of a
customer a change in the customer's selection of a supplier, without first
obtaining verification from the customer or the customer representative in
accordance with the requirements of (c) below.
(b) Each CEPS shall
maintain records of verification of authorization by the customer or the
customer representative for a minimum period of 2 years after obtaining the
verification.
(c) Customer authorization for the transfer of
electric service to a CEPS shall be obtained:
(1) In writing;
(2) Through e-mail;
(3) Through a secure customer portal or other
electronic on-line enrollment;
(4) Verbally, by telephone, using third-party
verification whether the CEPS initiates the call with the customer or the
customer representative or the customer or the customer representative
initiates the call with the CEPS; or
(5) Through any action specified in (1)-(4) above
taken on the customer’s behalf by an aggregator granted agency authority,
except that third-party verification shall not be required in the event of an
action specified in (4) above taken by an aggregator granted agency authority
on behalf of its customer.
(d) Customer authorization obtained from the
customer or the customer representative in writing, through e-mail, or through
a secure customer portal or other electronic on-line enrollment shall:
(1) Not be combined with other materials sent to
the customer;
(2) Be a separate, plainly identifiable document,
e-mail, or webpage;
(3) Be written in plain language, and be legibly
typed or printed and displayed in a font size no smaller than 12 point;
(4) Contain the customer’s billing name and
address;
(5) Contain the service
address and account number or meter number that is being changed to a new
supplier;
(6) Contain a statement
that the customer is changing from the customer’s current supplier to the new
supplier, where the new supplier is identified by name;
(7) Contain a statement that the new supplier is
not affiliated with the customer’s utility; and
(8) Be signed by the customer or the customer
representative by:
a. Signature when providing authorization in
writing;
b. A check-box completed by the customer or the customer representative
when providing authorization electronically; or
c. An e-mail reply from the customer or the customer
representative when providing authorization by e-mail.
(e) The signature required in (d)(8) above shall be immediately preceded by the following
express confirmations of the customer or the customer representative when
authorizing the transfer of the customer’s electric service to a CEPS:
(1) The customer or the customer representative
is voluntarily signing or checking the box;
(2) The customer or the customer representative
understands that the CEPS will, and authorizes the CEPS to, contact the utility
and change the customer’s provider of electricity to the CEPS;
(3) The customer or the customer representative
understands that the contract is for a fixed price, a variable price, or a
combination thereof, whichever applies;
(4) The customer or the customer representative
knows the current variable price per kWh, understands the variable price is
subject to change and agrees to pay a variable price;
(5) The customer or the customer representative
understands and agrees that the contract does, or does not, have a specified
term and, if there is a term, the length of the term and any applicable
termination fee and any applicable device or equipment cost recoupment charge;
(6) The options available to residential and
small commercial customers at the end of the contract term, if any, have been
explained to the customer or the customer representative;
(7) The customer has received the terms of
service from the CEPS, and the customer or the customer representative has read
them, and agrees to the terms of service; and
(8) The residential or small commercial customer
understands that the customer or the customer representative has the following
period of time during which to rescind authorization of the service contract
before it becomes binding:
a. Five business days from the date of signature when
providing authorization in person and in writing, except that the rescission
period is 10 business days for a residential customer enrolled through
in-person solicitation at the customer’s residence;
b. Five business
days from the date of authorization by checking the box when providing
authorization electronically, except that the rescission period is 10 business
days for a residential customer enrolled through in-person solicitation at the
customer’s residence; or
c. Six business days from the post-marked date of a service
agreement mailed to the customer by first class mail after verbal
authorization, except that the rescission period is 11 business days for a
residential customer enrolled through in-person solicitation at the customer’s
residence.
(f) Verbal authorization of the customer or the
customer representative obtained by telephone shall:
(1) Include a statement, made by the customer or
the customer representative, providing the customer’s name;
(2) Clearly state that the supplier is not
affiliated with the customer’s electric utility;
(3) Confirm that the
customer or the customer representative understands the supplier is not
affiliated with the utility;
(4) Confirm that the
caller is authorized to change the customer’s electricity supplier at the
service address;
(5) Confirm that the
customer or the customer representative intends to change the customer’s
electricity supplier at the service address;
(6) Identify the customer’s billing name and
address;
(7) Identify the service
address and account number or meter number that is being changed to a new supplier;
(8) Contain a statement, in which the CEPS is
identified by name, that the customer or the customer representative
understands that the CEPS will, and authorizes the CEPS to, contact the utility
and change the customer’s electricity supplier to that CEPS;
(9) Contain a statement that the customer or the
customer representative understands that, by changing electric service to the
CEPS, the customer will no longer receive the electric assistance program (EAP)
discount on the supply portion of the customer’s electric bill;
(10) Verify that the residential or small
commercial customer or the customer representative understands the customer has
6 business days from the postmarked date of the mailed service contract to
rescind the authorization to change the customer’s provider of electricity
before the authorization and the service contract become binding, except that
the rescission period is 11 business days for a residential customer enrolled
through in-person solicitation at the customer’s residence; and
(11) Be confirmed by an unaffiliated third-party
verification company that:
a. Is not owned,
affiliated, managed, controlled, or directed by the CEPS, any aggregator, or
any marketing representative involved in the transaction;
b. Has no financial
incentive to successfully complete CEPS change orders for the CEPS or any
aggregator or marketing representative involved in the transaction;
c. Obtains the consent of the customer or the customer’s
representative, as required by RSA 570‑A, to the recording of the verbal
authorization for a change in service; and
d. Operates in a location physically separate from the CEPS
and any aggregator or marketing representative involved in the transaction.
(g) The CEPS shall disclose to the commission the
name, address, telephone number, and e-mail address of the person or entity
acting as a third party verifier for purposes of (f)(10) above.
(h) No enrollment shall be deemed to have been
consented to or deemed a valid request for service authorizing the CEPS to
enroll the customer unless authorization has been obtained from the customer or
the customer representative as required under this section.
(i) Upon receipt of authorization from the
customer or the customer representative, and after the applicable rescission
period has expired, the CEPS shall notify the utility electronically of the
customer’s request to switch suppliers.
(j) A CEPS shall provide the commission with
proof of valid authorization by a customer or customer representative when requested
by the commission.
(k) A CEPS which fails to obtain valid
authorization from a customer or customer representative in accordance with
this section and initiates a customer change in service shall:
(1) Be liable for all charges billed to the customer
as a result of the change in service, subject to Puc
2004.20(g);
(2) Be liable for all charges for electricity it
billed to the customer, subject to Puc 2004.20(g);
and
(3) Be subject to sanctions and other enforcement
provisions of Puc 2005.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10
(from Puc 2004.07); ss by
#12372, eff 11-1-17
Puc 2004.09 Customer Authorization
Required for Aggregators Granted Agency Authority.
(a) An aggregator shall not enter into an
electricity supply contract on behalf of a customer, without first obtaining
authorization from the customer or the customer representative consisting of
the customer’s grant of agency that meets the requirements of this section.
(b) Each aggregator granted agency authority
shall maintain records of verification of authorization by the customer or the
customer representative for a minimum period of 2 years after obtaining the
verification.
(c) Authorization for grant of agency authority
to an aggregator from the customer or the customer representative shall be
obtained:
(1) In writing;
(2) Through e-mail;
(3) Through secure customer portal or other
electronic on-line confirmation; or
(4) Verbally, by recorded telephone conversation.
(d) Authorization by the customer or the customer
representative shall contain:
(1) The customer’s billing name and address;
(2) The service address and account number or
meter number that may be changed to a new supplier;
(3) A statement in which the aggregator granted
agency authority is identified by name; and
(4) A statement that the customer or the customer
representative is authorizing the aggregator to exercise agency authority to
enter into an electricity supply contract on behalf of the customer.
(e) Authorization from the customer or the
customer representative obtained in writing, through e-mail, or through
electronic on-line confirmation shall:
(1) Not be combined with other materials sent to
the customer;
(2) Be a separate, plainly identifiable document,
e-mail, or webpage;
(3) Be written in plain language, and be legibly
typed or printed and displayed in a font size no smaller than 12 point; and
(4) Be signed by the customer or the customer
representative by:
a. Signature when providing authorization in
writing;
b. A check-box completed by the customer or the customer
representative when providing authorization electronically; or
c. An e-mail reply from the customer or the customer
representative when providing authorization by e-mail.
(f) The signature required in (e)(4) or the recorded verbal authorization required in (c)(4)
above shall be immediately preceded by the following express confirmations when
authorizing an aggregator to enter into a supply contract on behalf of a
customer:
(1) The customer or the customer representative
is voluntarily authorizing the aggregator to enter a supply contract on behalf
of the customer;
(2) The customer or the customer representative
understands that the aggregator will, and grants the aggregator agency to, enter
into a supply contract on behalf of the customer;
(3) The customer has received the terms and
conditions of its agreement with the aggregator, to enter a supply contract on
behalf of the customer;
(4) The customer or the customer representative
understands that, if the aggregator enters into a supply contract with a CEPS
on behalf of the customer, the customer will no longer receive the electric
assistance program (EAP) discount on the supply portion of the customer’s
electric bill; and
(5) The customer or the customer representative
understands that, if the aggregator has entered into a supply contract with a
CEPS on behalf of the customer, the customer will receive terms and conditions
of service from the CEPS, and the customer will have 5 business days to rescind
the supply contract with the CEPS, when terms and conditions of service are
received electronically, and 6 business days to rescind the supply contract
with the CEPS, when the terms and conditions of service are sent by U.S. Mail,
except that the applicable rescission period extends for an additional 5
business days for a residential customer enrolled through in-person
solicitation at the customer’s residence.
(g) Verbal authorization recorded by telephone
pursuant to (c)(4) above shall include a statement
from the customer or the customer representative authorizing the aggregator to
select a supplier for the customer, and a statement that the customer or the
customer representative understands the supplier selected will, and authorizes
the supplier selected to, contact the utility and change the customer’s
provider of electricity service.
(h) An aggregator granted agency authority by a
customer or customer representative in accordance with this section shall
provide the commission with proof of valid authorization by the customer or the
customer representative when requested by the commission.
(i) An aggregator that fails to obtain valid
authorization from a customer or customer representative granting agency
authority to the aggregator in accordance with this section, and enters into a
supply contract on behalf of a customer which results in a change in service to
the customer shall:
(1) Be liable for all charges billed to the
customer as a result of the unauthorized change in service, subject to Puc 2004.20(g);
(2) Be liable for all charges for electricity
billed to the customer by the supplier selected by the aggregator, subject to Puc 2004.20(g); and
(3) Be subject to sanctions and other enforcement
provisions of Puc 2005.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10
(from Puc 2004.08); ss by
#12372, eff 11-1-17
Puc 2004.10 Competitive Electric Power
Supplier Enrollment of Customers.
(a) When a CEPS enrolls
a new customer, the enrollment shall be effective for the customer’s scheduled
meter read date that follows EDI notification to the utility by the CEPS,
provided that EDI notification occurs no less than 2 business days before the
customer’s scheduled meter read date.
Otherwise, the enrollment shall be effective for the customer’s next
meter read date.
(b) Within 5 business days of expiration of the
applicable rescission period without rescission by a residential or small
commercial customer or customer representative, the CEPS shall send a welcome
letter to the customer by the customer’s preferred form of communication
containing:
(1) The name of the CEPS;
(2) The price per kWh the customer will be
charged, if a fixed price contract, or the current price and basis for price
variation if a variable price contract;
(3) The term of the fixed price contract, if
applicable;
(4) The e-mail address or website for the
supplier’s customer service department; and
(5) A telephone number for the supplier’s
customer service department.
Source. #9774-A, eff 8-26-10 (from Puc 2004.09); ss by #12372, eff
11-1-17
Puc 2004.11 Solicitation of Customers.
(a) A CEPS or aggregator, or its representative,
may solicit by telephone customers who are not listed on the National Do Not
Call Registry subject to Federal Communications Commission regulations 47
C.F.R. §64.1200 through §64.1202 and Federal Trade Commission regulations 16
C.F.R. §310.1 through §310.9.
(b) Any written or verbal solicitation to provide
electricity shall advise potential residential and small commercial customers
of the right to rescind authorization described in Puc
2004.02(d)(14) above.
(c) A CEPS or aggregator, or its representative,
shall not while soliciting by telephone:
(1) Initiate any telephone call to:
a. An emergency
telephone line, including any 911 line or any emergency line of a hospital,
medical physician or service office, health care facility, poison control
center, or fire protection or law enforcement agency;
b. The telephone line of any guest room or patient room of a
hospital, health care facility, home for the elderly, or similar type facility;
c. A telephone
number assigned to a paging service, specialized mobile radio service, or other
radio common carrier service, or any other service for which the called party
is charged for the call; or
d. A telephone number assigned to a cellular telephone
service, unless the call is directly placed to the number and not initiated
using an automatic telephone dialing system.
(2) Use any device to send an unsolicited advertisement
to a telephone facsimile machine;
(3) Use a pre-recorded automated message to send
unsolicited advertisements to potential customers;
(4) Initiate any
telephone solicitation to a customer or potential customer before 8:00 a.m. or
after 9:00 p.m. eastern time;
(5) Initiate any telephone solicitation to a
customer or potential customer on before 11:00 a.m. or after 8:00 p.m. on
Sunday or on any state or federal holiday; or
(6) Initiate any telephone solicitation to a
customer or potential customer unless the CEPS or aggregator has instituted
procedures, as provided in (d) below, for maintaining a list of persons who do
not wish to receive telephone solicitations made by or on behalf of the CEPS or
aggregator.
(d) A CEPS or aggregator which intends to solicit
by telephone residential and small commercial customers directly or through the
use of a third party service shall:
(1) Provide the called party with the name of the
CEPS or aggregator for which the call is being made and a telephone number or
address at which the CEPS or aggregator can be reached; and
(2) Establish a written policy for maintaining a
do-not-call list, including:
a. Maintaining a listing, in conformance with
the National Do Not Call Registry timelines, of New Hampshire customers and
potential customers who have registered with the National Do Not Call Registry
prior to conducting any telephone solicitation;
b. Providing notification to customers and
potential customers that such a list is maintained;
c. Providing information about how to be
placed on the National Do Not Call Registry or a supplier-specific do-not-call
list;
d. Instituting training for personnel engaged
in any aspect of telephone solicitation in the existence and use of the
National Do Not Call Registry and any supplier-specific do-not-call list;
e. Ensuring
telephone solicitations are not made to any customer or potential customer who
has registered with the National Do Not Call Registry or requested do-not-call
treatment consistent with the timelines required by the National Do Not Call
Registry and Federal Communications Commission regulations 47 C.F.R. §64.1200
through §64.1202 and Federal Trade Commission regulations 16 C.F.R. §310.1
through §310.9; and
f. Providing monthly updates to the
do-not-call list so that customers or potential customers who have requested
not to be called are not called.
(e) A CEPS or aggregator, or its representative,
soliciting a potential residential customer in person at the customer’s
residence shall:
(1) Conduct in-person solicitation of the
customer only between the hours of 9:00 a.m. and 7:00 p.m. on Monday through
Saturday, between the hours of 12:00 p.m. and 6:00 p.m. on Sunday or on any
state or federal holiday, or during such more limited hours as are prescribed
by local ordinance, regulation, or order;
(2) Provide written notice to the municipal
police department prior to commencing in-person solicitation of residential
customers in a municipality, which notice shall state the dates and times when
the in-person solicitation will occur and identify the individual employees or
representatives who will conduct the in-person solicitation;
(3) Require its employee or representative to
leave the customer’s premises prior to any third-party verification call during
which customer enrollment is confirmed;
(4) If customer enrollment with
a CEPS will occur through the in-person solicitation, provide to the
customer a written notice stating:
a. The customer has agreed to change the provider of its electricity
supply service to the CEPS;
b. The electricity supply price per kWh;
c. The time period during which the stated price per kWh is
valid;
d. The term of the contract if the electricity supply price is
fixed;
e. The electricity supply price is subject to change if it is
a variable price contract;
f. Description of the means by which the
customer can obtain information regarding future changes in any variable price
for electricity supply;
g. The date by which the customer must contact the CEPS to
rescind the enrollment; and
h. Information on how the customer may contact
the CEPS;
(5) Require the CEPS employee or representative
conducting the in-person solicitation to leave with the customer the notice
required under (4) above, unless the notice is sent to the customer by
electronic mail or U.S. mail within one business day following the third-party
verification call confirming the customer’s enrollment with the CEPS;
(6) Retain a written record that the notice
required under (4) above was provided to the customer by or on behalf of the
CEPS in the manner required under (5) above;
(7) If customer enrollment with a CEPS will not
occur through the in-person solicitation, require the CEPS employee or
representative to leave behind with the customer written materials that explain
retail electricity supply options, describe the CEPS’s electricity supply
offerings, and instruct how the customer may enroll with the CEPS if desired;
and
(8) If customer enrollment with
a CEPS will not occur through the in-person solicitation, refrain from
further solicitation of the customer through any means until the next day after
the CEPS employee or representative leaves the customer’s premises.
(f) A CEPS or aggregator, or its representative,
may contact a potential residential customer in person at a location other than
the customer’s residence, for the purpose of selling any product or service
offered by the CEPS or aggregator.
(g) A CEPS or aggregator, or its representative,
soliciting a potential residential customer in person in accordance with (e) or
(f) above, or soliciting any potential non-residential customer in person,
shall comply with all state and local laws, rules, and ordinances applicable to
such solicitation.
(h) A CEPS or aggregator, or its representative,
soliciting a potential residential customer in person in accordance with (e) or
(f) above, or soliciting any potential non-residential customer in person,
shall, as soon as possible and prior to describing any products or services offered
for sale:
(1) Produce identification, to be visible at all
times thereafter, which prominently displays in reasonable size type the full
name of the CEPS or aggregator and the representative, as well as the CEPS’s or
aggregator’s telephone number for inquiries, verification, and complaints, and
shall leave such identification with the
potential customer upon request;
(2) Describe the
relationship of the representative with the CEPS or aggregator;
(3) Clearly state that the representative is not
working for and is independent of the potential customer’s electric utility;
(4) State that if the potential customer
purchases electricity from the CEPS, or through the aggregator, the potential
customer’s utility will continue to deliver the potential customer’s
electricity and will respond to any outages or emergencies; this requirement
may be fulfilled by an oral statement to the potential customer, or by written
materials left with the potential customer; and
(5) Where it is apparent that the potential
customer’s English language skills are insufficient to allow the potential
customer to understand and respond to the information conveyed, or where the
potential customer or another third party informs the CEPS or aggregator, or
its representative, of this circumstance, the CEPS, aggregator, or representative shall either find a
replacement or translator who is fluent in the potential customer’s language to continue the marketing
activity, or shall terminate the in-person contact with the potential customer.
Source. #12372, eff 11-1-17
Puc 2004.12 Off-Cycle Meter Reading.
(a) In the event of non-payment by a customer in
the largest commercial and industrial classification as defined in the utility
tariff, a CEPS shall be permitted to request an
off-cycle meter reading by the utility for that customer.
(b) A CEPS shall provide no less than 3 business
days’ prior notice to the utility when requesting an off-cycle meter reading
pursuant to (a) above.
(c) An off-cycle meter reading requested pursuant
to (a) above shall be subject to such charge for performing off-cycle meter
readings as is specified in the utility’s tariff.
(d) A utility may deny a request for an off-cycle
meter reading if timely notice as described in (b) above is not provided.
(e) To the extent a utility cannot accommodate an
off-cycle meter reading requested in accordance with (a) above within 3
business days of the request, the utility and CEPS shall negotiate an extension
of time for the completion of the off-cycle meter reading requested by the
CEPS.
Source. #12372, eff 11-1-17
Puc 2004.13 Transfer of Customer
Accounts Between Suppliers.
(a) When a CEPS proposes to transfer or sell the
right to serve existing customer accounts, the CEPS shall provide clear and conspicuous
written notice to each affected customer no less than 30 days prior to the
effective date of such transfer or sale which includes:
(1) Notice that the CEPS shall discontinue
providing services to the customer;
(2) Notice of the date by which the CEPS will
discontinue providing services to the customer;
(3) Notice that unless the customer selects an
alternate supplier, the customer will be assigned to the proposed transferee or
buyer;
(4) Notice that the change of CEPS shall be
without charge to the customer;
(5) A clear statement:
a. Of any difference in the rates, terms, or conditions of
service of the CEPS and the rates, terms, or conditions of service of the
proposed transferee or buyer; or
b. That the rates, terms, and conditions of service of
the CEPS and the proposed transferee or buyer are the same;
(6) The name, address, telephone number, and
e-mail address of the proposed transferee or buyer to which the customer
account will be transferred or sold if the customer does not select an
alternate supplier within the prescribed time period;
(7) Notice of the date by which the customer must
make a selection of any alternate supplier, which may include selection of
utility default service, in order for such selection to be effective on the
customer’s next meter read date; and
(8) Notice that the customer will not be charged
an early termination fee in the event an alternate supplier is selected prior
to the date specified in (7) above, if the customer is a residential customer
or a small commercial customer.
(b) When a CEPS
transfers or sells the right to serve existing customer accounts, it shall
permit any existing residential customer or small commercial customer to cancel
the customer’s service without a termination fee before the transfer or sale
occurs.
(c) The CEPS shall provide a copy of the notice
described in (a) above to the commission at the same time notice is sent to
affected customers.
(d) Within 30 days of the effective date of the
transfer or sale, the CEPS shall refund to its customers any applicable amounts
owed.
(e) Notices required pursuant to (a) above, shall
be:
(1) Permitted to be sent with the customer’s
billing statement when the supplier bills separately from the utility billing
statement;
(2) Sent by the current supplier using the
customer’s preferred form of communication, and shall not be sent by the
proposed transferee or buyer; and
(3) Sent separately from promotional materials
relating to services provided by the proposed transferee or buyer.
Source. #12372, eff 11-1-17
Puc 2004.14 Change in Ownership.
(a) For purposes of this section, “change in
ownership” of a CEPS means:
(1) Majority ownership or effective control of
the CEPS is to be transferred, sold, acquired, or changed;
(2) The CEPS will continue to exist and to serve
its customers under the same or a different name;
(3) There will be no change to the CEPS’s
customers’ rates, terms, or conditions of service; and
(4) There will be no interruption in or
diminution in the quality of service provided by the CEPS.
(b) A CEPS shall notify its customers of a change
in ownership and of any different name under which it will serve its customers
no less than 14 days prior to the effective date of the change in ownership.
(c) The notice required by (b) above shall be in
writing using the customer’s preferred form of communication and:
(1) May be sent with the customer’s billing
statement when the supplier bills separately from the utility billing
statement; and
(2) Shall be sent separately from any promotional
materials.
Source. #12372, eff 11-1-17
Puc 2004.15 CEPS Voluntary
Discontinuance of Service.
(a) Any CEPS that intends to cease selling
electricity to all customers or any class of customers within the state, and
does not intend to transfer or sell its customer base pursuant to Puc 2004.13 above, and is not subject to suspension or
other event as described in Puc 2004.16 below, shall
prior to discontinuing such service:
(1) Provide no less than 60 days written notice
to any affected utility and to the commission, which notice shall include the
following:
a. The date the CEPS intends to cease selling electricity to
all customers or any class of customers within the state; and
b. A detailed plan for transfer of any customers it will no
longer serve to utility default service; and
(2) Provide to each affected customer no less
than 45 days and no more than 60 days prior to the start of the customer’s next billing cycle:
a. Written notice of the date on which the CEPS intends to
cease service to the customer; and
b. The date by which the customer must select an alternate
CEPS or be transitioned to utility default service on the next meter read date.
(b) When a CEPS
discontinues service pursuant to (a) above, the CEPS shall:
(1) Ensure that customers who choose an alternate
CEPS are not inadvertently switched to utility default service; and
(2) Refund any outstanding deposits or
prepayments within 30 days of the final bill containing charges for service
provided by the CEPS to the affected customers.
(c) Upon notification pursuant to (a)(1) above that a CEPS will discontinue service to all
customers within the state, the commission shall:
(1) Suspend the CEPS’s registration for 120 days
from the date the CEPS:
a. Notifies the Commission it has no customers within the
state; or
b. Ceases to provide service to all customers within the
state; and
(2) After the 120 days specified in (1) above:
a. Terminate the CEPS’s registration, if
there are no unresolved consumer complaints; or
b. Extend suspension of the CEPS’s registration for an
additional 90 days while the remaining consumer complaints are resolved.
(d) A CEPS that has discontinued service to all
customers within the state shall maintain adequate financial security as
required by Puc 2003.03 during the period its
registration is suspended pursuant to (c) above.
Source. #12372, eff 11-1-17
Puc 2004.16 Transfer of Customers
Resulting from Unexpected Cessation of CEPS Service.
(a) In the event of suspension from regional
market participation by ISO-NE or another event causing the CEPS to be unable
to provide service to its customers within the state, the CEPS shall:
(1) Provide immediate notice to
the commission describing the market suspension or other event and the
effective time of the inability to provide service;
(2) Provide immediate notice to all customers
describing the market suspension or other event and the effective time of the
inability to provide service;
(3) Provide a copy of the notice sent to
customers required in (2) above to the commission at the time it is delivered
to customers;
(4) Reimburse the utility at its filed and
approved tariffed rate for transferring the CEPS’s customers to utility default
service;
(5) Refund any outstanding deposits or
prepayments to customers within 30 days of suspension by ISO-NE or the event
which caused the CEPS to be unable to provide electricity to its customers
within the state; and
(6) Pay reparations for customer losses if so
ordered by the commission following a proceeding conducted in accordance with Puc 2005.
(b) Upon notification pursuant to (a)(1) above, the commission shall suspend the CEPS’s
registration for 60 days from the date of:
(1) The ISO-NE market suspension; or
(2) The event which caused the CEPS to be unable
to provide electricity to its customers within the state.
(c) The commission shall restore the registration
if within 60 days of suspension pursuant to (b) above the CEPs demonstrates:
(1) Proof of financial capitalization;
(2) ISO-NE financial requirements are satisfied;
(3) Reinstatement by ISO-NE as a market
participant;
(4) Financial security is obtained pursuant to Puc 2003.03;
(5) All pending consumer complaints are resolved;
and
(6) Financial obligations resulting from (a)
above have been met.
(d) The commission shall terminate the CEPS’s
registration after 60 days of suspension if the requirements in (c)1-6 above are not satisfied.
(e) In the event there are unresolved consumer
complaints after 60 days of suspension, the commission shall extend suspension
of the registration for an additional 90 days while the remaining consumer
complaints are resolved.
(f) The CEPS shall maintain adequate financial
security as required by Puc 2003.03 during the period
its registration is suspended pursuant to (b) above, and as extended pursuant
to (e) above.
Source. #12372, eff 11-1-17
Puc 2004.17 Commission Action When
Necessary to Maintain Continuous Service.
(a) In the event a CEPS
does not make adequate provisions for transfers of affected customers to
utility default service or to another CEPS pursuant to Puc
2004.15 or Puc 2004.16, or pursuant to Puc 2005.03 or Puc 2005.04, the
commission shall:
(1) Direct the affected utility or utilities to
immediately begin transferring the CEPS’s affected customers to utility default
service; and
(2) Direct the issuer or guarantor providing the
CEPS’ financial security to pay to the commission an amount of that financial
security determined to be necessary to ensure continuous service to customers
through utility default service or another CEPS, pursuant to Puc 2005.06.
(b) If the commission determines that a CEPS has
not complied with the provisions for discontinuance of service or for a
successor electricity supplier pursuant to Puc
2004.15 or Puc 2004.16, then, in addition to any
action the commission may take pursuant to Puc 2005,
the commission shall order notice be given by the CEPS to affected customers
clarifying the customers’ rights and obligations.
Source. #12372, eff 11-1-17
Puc 2004.18 Termination of Service to
Customer by CEPS.
(a) When a residential or small commercial
customer has failed to meet any of the material terms and conditions of its agreement for service with a CEPS,
prior to terminating its agreement to sell electricity to the customer, the
CEPS shall:
(1) Provide written notice of the termination to
the customer, stating the reason(s) for the termination, no less than 10
business days prior to the effective date of
termination; and
(2) Discontinue the sale of electricity by the
CEPS on the customer’s next meter read date that falls no less than 10 business
days after issuance of notice to the customer.
(b) Prior to sending the notice required in (a)
(1) above, a CEPS using consolidated billing shall be permitted to make one
contact with each residential or small commercial customer, intended to seek
payment of an unpaid or late balance, during which contact the CEPS shall
inform the customer that the CEPS is not affiliated with nor calling on behalf
of the customer’s utility.
(c) When a customer that is not a residential or
small commercial customer has failed to meet any of the material terms of the
customer’s agreement for service, a CEPS shall provide no less than 5 business
days’ written notice prior to terminating electric service to such customer.
(d) A CEPS shall provide no less than 3 business
days’ electronic notice to the utility through an EDI transaction prior to
terminating electric service to any customer pursuant to (a) or (c) above,
unless the 3 day notice is waived by the utility.
(e) The notice required to be given to a customer
pursuant to this section shall include a statement that termination of service
will not result in disconnection from the electric distribution system and that
the customer may obtain service from another CEPS or through utility default
service, subject to the conditions applicable to utility default service.
(f) Unless an off-cycle meter read has been
requested in accordance with Puc 2004.12(a), all
service terminations shall be effective with the customer’s next meter reading
occurring no earlier than 2 business days following the submission of an
accepted EDI transaction from the CEPS dropping the customer.
Source. #12372, eff 11-1-17
Puc 2004.19 Protection of Confidential
Customer Information.
(a) No CEPS or aggregator shall, except as
permitted under (c) below or as otherwise required by law, release confidential
customer information without express written authorization from the customer.
(b) A CEPS or aggregator shall implement and
maintain reasonable security procedures and practices appropriate to the nature
of the information, to protect confidential customer information from unauthorized
access, use, destruction, modification, or disclosure, and to prohibit the use
of the confidential customer information for a secondary commercial purpose not
related to the primary purpose of the service provided to the customer, without
the express written consent of the customer.
(c) A CEPS or aggregator may disclose to a third
party subject to non-disclosure restrictions confidential customer information
as necessary for any one or more of the following purposes:
(1) Billing for electric service;
(2) Meeting electric system, electric grid, or
other operational needs;
(3) Implementing any one or more of the following
programs:
a. Demand response;
b. Customer assistance;
c. Energy management; and
d. Energy efficiency.
(d) For purposes of this section, the term
“non-disclosure restrictions” means that the CEPS or aggregator has required by
contract that the third party implement and maintain reasonable security
procedures and practices appropriate to the nature of the information, to
protect the confidential customer information from unauthorized access, use,
destruction, modification, or disclosure, and to prohibit the use of the
confidential customer information for a secondary commercial purpose not
related to the primary purpose of the contract without the express consent of
the customer.
(e) A customer granting authorization to release
confidential customer information for purposes described in the terms and
conditions of service shall satisfy the requirement in (a) above.
(f) A CEPS or aggregator granted agency authority
shall be deemed authorized to obtain customer usage information when it has
received customer authorization as described in Puc
2004.08 or Puc 2004.09.
(g) In the event of a dispute about the release
of confidential customer information, including whether the information is or
should be confidential, a CEPS, aggregator, or customer may file a complaint
with the commission for resolution.
Source. #12372, eff 11-1-17
Puc 2004.20 Other Consumer Protections.
(a) No CEPS or aggregator shall include
provisions in residential or small commercial customer contracts that would
waive the requirements of Puc 2004.
(b) Each CEPS that
enrolls a customer shall sell electricity to that customer for a period that
lasts at least through one billing cycle of the utility serving that customer.
(c) No CEPS shall install pre-payment meters or
any device at the customer’s location that causes electricity to be
automatically disconnected for failure to pay in advance.
(d) No CEPS or aggregator shall discriminate in
the application process, the provision of service, or the termination of a
contract, on the basis of any of the following:
(1) Residential and small commercial customer
income;
(2) Home ownership;
(3) Geographic area, except in the provision of
service for a municipal or county aggregation pursuant to RSA 53-E;
(4) Race;
(5) Color;
(6) Religion or creed;
(7) Gender;
(8) Marital status;
(9) Age;
(10) National origin;
(11) Disability;
(12) Sexual orientation; or
(13) Gender identity.
(e) Except as to income, no CEPS or aggregator
shall discriminate in the provision of credit on the basis of any of the
characteristics in (d) above.
(f) Any person may submit a complaint with the commission
that a CEPS or aggregator has engaged in slamming.
(g) Upon the submission of a complaint pursuant
to (f) above:
(1) The commission shall, within 10 business days
of receipt of the complaint, investigate the facts and circumstances related to
the complaint; and
(2) If, after an investigation, the commission
determines that the CEPS or aggregator does not possess evidence of the
customer’s or customers’ affirmative selection or authorization, the commission
shall require the unauthorized CEPS or aggregator to refund to the customer or
customers within 45 days any charges already paid and any expenses incurred in
connection with the unauthorized transfer of service in accordance with Puc 2004.08(k) or 2004.09(i) for
up to 9 months.
(h) Aggregators discontinuing service to all
customers or any class of customers shall provide no less than 30 days prior
written notice of such discontinuance using the customer’s preferred form of
communication.
(i) The provisions regarding terms of service and
disclosure prior to enrollment as set forth in Puc
2004.02, Puc 2004.03(b), (g), (h), and (i), and Puc 2004.07, shall not
apply to any contract for service entered into prior to the effective date of
these rules during the original term of such contract, provided that such
contract complied with the Puc 2000 rules applicable
as of its initial effective date.
Source. #12372, eff 11-1-17 (from Puc
2004.10)
PART Puc 2005 ENFORCEMENT PROVISIONS AND PROCEDURES
Puc 2005.01 Assessment of Fines Through
Notice of Violation.
(a) If the commission or the commission's
division that processes customer complaints, after reviewing evidence and
testimony obtained in writing or conferences, determines that a sanctionable event has occurred for which the assessment of
fines would serve a punitive or deterrent purpose, the commission or that
division shall issue a notice of violation (NOV) to the CEPS or aggregator.
(b) The NOV so issued shall include the
following:
(1) The factual basis and the statutory or regulatory
basis for the preliminary determination that a sanctionable
event has occurred;
(2) The fines proposed to be assessed, which
shall not exceed $1,000.00 per day for each sanctionable
event;
(3) Procedures for remitting payment of the
assessed fines; and
(4) The right of the CEPS or aggregator to file a
request in writing for a hearing before the commission, under (c)(2) below.
(c) Within 15 business days following the date of
issuance of the NOV, the CEPS or aggregator to which the NOV was issued shall:
(1) Sign a consent agreement and remit the
assessed fines to the commission;
(2) File a request in writing for a hearing
before the commission with respect to the sanctionable
event described in the NOV; or
(3) Be deemed to have agreed to the findings
described in the NOV and the fines assessed under the NOV, if the CEPS or
aggregator failed to respond to the NOV within such 15 business day period.
(d) Upon such a hearing request, the commission
shall provide the CEPS or aggregator with notice and an opportunity for a
hearing, to be held pursuant to Chapter Puc 200.
(e) At the hearing, the CEPS or aggregator may
demonstrate with evidence that the determination in the NOV that a sanctionable event has occurred is incorrect or that the level
of fines proposed to be assessed is excessive.
(f) If the commission finds, after the hearing
and based on the record in the proceeding and after consideration of the
factors described in Puc 2005.05, that the sanctionable event has occurred with respect to the CEPS or
aggregator, the commission shall assess against the CEPS or aggregator the
proposed fines recommended in the NOV or such greater or lesser fines, not to
exceed $1,000.00 per day for each sanctionable event,
as the commission finds to be necessary to serve the punitive or deterrent
purposes.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10;
ss by #12372, eff 11-1-17
Puc 2005.02 Prospective Suspension of
Marketing and Sales Activities.
(a) If the commission finds, after notice and an
opportunity to be heard and after consideration of the factors described in Puc 2005.05, that a sanctionable
event has occurred with respect to a CEPS or aggregator and that the interests
of customers of the CEPS or aggregator would be protected by such action, the
commission shall suspend the right of the CEPS or aggregator to engage in
marketing or sales activities on a prospective basis for a specified period of
time not to exceed the remaining term of the CEPS’s or aggregator’s current
registration under Puc 2003.
(b) Upon the issuance by the commission of an
order under (a) above, the CEPS or aggregator shall not engage, either directly
or indirectly, in any marketing or sales activities in the state with respect
to the supply of electricity or the procurement of such supply during the
specified period of time.
Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10;
ss by #12372, eff 11-1-17
Puc 2005.03 Suspension of Registration
of CEPS or Aggregator.
(a) If the commission finds, after notice and an
opportunity to be heard and after consideration of the factors described in Puc 2005.05 , that a sanctionable
event has occurred with respect to a CEPS or aggregator and that the interests
of customers of the CEPS or aggregator would not be harmed by such action, the
commission shall suspend the registration of the CEPS or aggregator for a
specified period of time not to exceed the remaining term of the CEPS’s or
aggregator’s current registration under Puc 2003.
(b) Upon the issuance by the commission of an
order under (a) above, the registration of the CEPS or aggregator shall be
suspended and the CEPS or aggregator shall not provide service, either directly
or indirectly, to any customers in the state with respect to the supply of electricity
or the procurement of such supply during the specified period of suspension.
(c) The CEPS or aggregator subject to a
suspension order issued under (a) above shall make arrangements for all of its
customer accounts to be transferred and provide prior written notice to
customers of such transfers in compliance with the provisions of such order and
the requirements of this chapter. The
CEPS or aggregator shall provide the commission with written confirmation and
supporting evidence that it has complied with the foregoing requirements.
Source. #12372, eff 11-1-17
Puc 2005.04 Revocation of Registration
of CEPS or Aggregator.
(a) If the commission finds, after notice and an
opportunity to be heard and after consideration of the factors described in Puc 2005.05, that a sanctionable
event has occurred with respect to a CEPS or aggregator and that the interests
of customers of the CEPS or aggregator would not be harmed by such action, the
commission shall revoke the registration of the CEPS or aggregator.
(b) Upon the issuance by the commission of an
order under (a) above, the registration of the CEPS or aggregator shall be
revoked and the CEPS or aggregator shall not provide service, either directly
or indirectly, to any customers in the state with respect to the supply of
electricity or the procurement of such supply from and after the effective date
of revocation.
(c) The CEPS or aggregator subject to a
revocation order issued under (a) above shall make arrangements for all of its
customer accounts to be transferred and provide prior written notice to
customers of such transfers in compliance with the provisions of such order and
the requirements of this chapter. The
CEPS or aggregator shall provide the commission with written confirmation and
supporting evidence that it has complied with the foregoing requirements.
Source. #12372, eff 11-1-17
Puc 2005.05 Factors to be Considered
Regarding Sanctions.
(a) The amount of any fines to be assessed under Puc 2005.01, the period and scope of any suspension under Puc 2005.02 or Puc 2005.03, as
applicable, or the decision to revoke the registration of a CEPS or aggregator
under Puc 2005.04, shall be determined based on
consideration of the following factors:
(1) The severity of the sanctionable
event;
(2) Whether the sanctionable
event was unintentional or immaterial;
(3) Whether the CEPS or aggregator acted in good
faith to comply with all applicable statutory and regulatory requirements;
(4) Mitigating circumstances, if any, with respect
to the sanctionable event; and
(5) Other relevant information pertaining to the
business practices of the CEPS or aggregator and its principals; and
(b) For the purposes of this section, “mitigating
circumstances” means facts, actions or conditions which might excuse or justify
a particular course of action.
Source. #12372, eff 11-1-17 (from Puc
2005.01)
Puc 2005.06 Commission Claims Against
CEPS’s Financial Security. Upon the
occurrence of a sanctionable event by or with respect
to a CEPS that requires or involves the payment of money and if payment has not
been made by the CEPS within 14 days of a commission order requiring such
payment, the commission shall make a claim under or pursue an action against
the financial security provided by the CEPS under Puc
2003.01(b)(2) and Puc
2003.03, for the following amounts and in the following order of payment
priority:
(a) Customer complaint reparations or restitution
amounts, ordered by the commission to be paid following notice and hearing, and
remaining unpaid by the CEPS for 30 days or more after the date due;
(b) Fines assessed by the commission under Puc 2005.01, and remaining unpaid by the CEPS for 60 days
or more after the date due;
(c) Alternative compliance payment amounts
payable to the commission under RSA 362-F and the Puc
2500 rules, but remaining unpaid by the CEPS for 60 days or more after the date
due; and
(d)
Commission annual assessment amounts remaining unpaid by the CEPS on June 1 of
any calendar year, in the absence of a pending objection under RSA 363-A:4 or
an exemption under RSA 363-A:5.
Source. #12372, eff 11-1-17
Puc 2005.07 Investigation by Commission
by Reason of Consumer Complaint.
(a) Upon the filing of a complaint with the
commission's division that processes customer complaints, either verbally or in
writing, against a CEPS or aggregator alleging that the CEPS or aggregator is
not in compliance with the provisions of this chapter, that division shall be
authorized to begin an investigation.
(b) The CEPS or aggregator shall provide any
relevant information to the commission’s division that processes customer
complaints which would assist that division in its efforts to investigate and
resolve the dispute that is the subject of such complaint.
(c) The CEPS, the aggregator, or the customer may
request a hearing before the commission if dissatisfied with the resolution of
the dispute that is the subject of such complaint by the commission’s division
that processes customer complaints.
(d) The commission’s division that processes
customer complaints shall request a hearing before the commission when it
determines that the dispute that is the subject of such complaint remains
unresolved and requires resolution by the commission.
Source. #12372, eff 11-1-17 (from Puc
2005.02)
PART Puc 2006
INFORMATION SUBMISSION REQUIREMENTS
Puc 2006.01 Information Required for
Initial and Renewal Registration of CEPS.
The registration application required by Puc
2003.01(b)(1) and Puc
2003.02(a)(1) shall include the following information and signature:
(a) The legal name of the applicant as well as
the trade name, if any, under which it intends to operate in this state;
(b) The applicant’s business address, telephone
number, e-mail address, and website address;
(c) The applicant’s state or jurisdiction of organization, if anything other
than an individual;
(d) The name(s), title(s), business address(es), telephone number(s),
and e-mail address(es) of the applicant if an
individual, or of the applicant's principal(s) if the applicant is anything
other than an individual;
(e) The following information regarding any
affiliates and subsidiaries of the applicant that is conducting business in New Hampshire:
(1) The name, business address, and telephone
number of the entity;
(2) A description of the business purpose of the
entity; and
(3) A description of any agreements with any
affiliated New Hampshire utility, and the docket number relative to the filing
of such agreements with the commission;
(f) The telephone number of the applicant’s
customer service department or the name, title, telephone number, and e-mail
address of the customer service representative of the applicant, including toll
free telephone numbers, if available;
(g) The name, title, business address, telephone number, and e-mail address of
each individual responsible for responding to commission inquiries regarding:
(1) Customer complaints;
(2) Regulatory compliance matters; and
(3) Commission assessment payments;
(h) Evidence of the applicant's authorization to
do business in New Hampshire from the New Hampshire secretary of state, if
anything other than an individual;
(i) Evidence of the applicant’s registration of the trade name, if any, to be used
by the applicant in New Hampshire from the New Hampshire secretary of state;
(j) Evidence of the applicant’s ISO-NE market participant membership;
(k) Electronic data interchange (EDI) certification from each
distribution utility in whose franchise area the applicant intends to operate;
(l) A list of the utility franchise areas in
which the applicant intends to operate and, to the extent the applicant does not intend to provide service
in the entire franchise area of a utility, a delineation of the cities and
towns where the applicant intends to provide service within such utility
franchise area;
(m) A statement whether or not the applicant intends to serve the
following types of customers:
(1) Residential customers;
(2) Small commercial customers;
(3) Large commercial customers; and
(4) Industrial customers;
(n) A list of the other states or jurisdictions in which the applicant currently
conducts business relating to the sale of electricity;
(o) A list disclosing the number and type of customer complaints concerning the
applicant or its principals and affiliates filed with or by any commission or
regulatory agency, attorney general’s office, or other governmental consumer
protection regulatory authority, for the most recent 2 calendar years in every
state or other jurisdiction in which the applicant has conducted business
relating to the sale of electricity;
(p) A statement as to whether the applicant or
any of the applicant’s principals:
(1) Has ever been convicted of any felony that has not been annulled by a court;
(2) Has, within the 10 years immediately prior to application, had any civil,
criminal, or regulatory sanctions or penalties imposed against it, him, or her
pursuant to any state or federal consumer protection law or regulation;
(3) Has, within the 10 years immediately prior to
application, settled any civil, criminal, or regulatory investigation or
complaint involving any state or federal consumer protection law or regulation;
(4) Is currently the subject of any pending
civil, criminal, or regulatory investigation or complaint involving any state or federal
consumer protection law or regulation; or
(5) Has been denied authorization to provide
competitive electricity supply service or electric aggregation service in any other state or
jurisdiction;
(q) If an affirmative answer is given to any item
in (p) above, a detailed explanation of the occurrence and the related circumstances;
(r) For those applicants intending to telemarket, a
statement that the applicant shall:
(1) Maintain a list of customers who request
being placed on the applicant’s do-not-call list for the purposes of
telemarketing;
(2) Obtain monthly updated do-not-call lists from the National Do Not Call
Registry; and
(3) Not initiate calls to New Hampshire customers
who have either requested being placed on the applicant’s do-not-call list(s) or customers who are listed on
the National Do Not Call Registry;
(s) For those applicants not intending to telemarket, a
statement to that effect;
(t) For those applicants intending to enroll residential customers through in-person
solicitation at the customer’s residence, the applicant shall provide:
(1) A plan for in-person solicitation of residential customers at their
residences, including provisions to ensure legal and regulatory compliance and
quality assurance;
(2) A
description of the applicant’s training program for employees or
representatives who will conduct in-person solicitation of residential
customers at their residences;
(3) An identification of any third party vendor
or vendors the applicant intends to use to conduct in-person solicitation of
residential customers at their residences;
(4) A copy of the applicant’s performance standards and code of conduct for any
employees, representatives, or vendors who or which will conduct in-person
solicitation of residential customers at their residences; and
(5) A copy of field audit
standards used to evaluate the performance of employees, representatives, or
vendors who or which will conduct in-person solicitation of residential
customers at their residences;
(u) For those applicants not intending to enroll
residential customers through in-person solicitation at the customer’s
residence, a statement to that effect;
(v) A sample of the bill form(s) the applicant intends
to use if the applicant does not intend to use the utility’s billing service or
a statement that the applicant intends to use the utility’s billing service;
(w) A copy of each contract to be used for
residential customers and for small commercial customers, including any
schedules or other documentation attached to, incorporated into, or referenced
in such contract;
(x) The date upon which the applicant expects to
commence marketing its services to customers in New Hampshire;
(y) A statement certifying that the applicant has
the authority to file the application on behalf of the CEPS and an attestation
that its contents are truthful, accurate, and complete; and
(z) The signature of the applicant or its authorized representative.
Source. #9774-B,
eff 8-26-10; ss by #12372, eff 11-1-17
Puc 2006.02 Information Required for
Initial and Renewal Registration of Aggregators. The registration application required by Puc 2003.05(e)(1) and Puc 2003.06(a) shall include the following information and
signature:
(a) The legal name of the applicant as well as
the trade name, if any, under which it intends to operate in this state;
(b) The applicant’s business address, telephone
number, e-mail address, and website address, if applicable;
(c) The name(s), title(s), business address(es), telephone
number(s), and e-mail address(es) of the applicant if an individual or of the applicant’s
principal(s), if the applicant is anything other than an individual;
(d) The telephone number of the customer service
department or the name, title, telephone number, and e-mail address of the
customer service representative of the applicant, including toll free telephone
numbers if available;
(e) The name, title, business address, telephone
number, and e-mail address of each individual responsible for responding to
commission inquiries regarding:
(1) Customer complaints;
(2) Regulatory compliance matters; and
(3) Commission assessment payments;
(f) Evidence of the applicant’s authorization to
do business in New Hampshire from the New Hampshire secretary of state, if
anything other than an individual;
(g) Evidence of the applicant’s registration of
the trade name, if any, to be used by the applicant in New Hampshire from the
New Hampshire secretary of state;
(h) A statement as to whether the applicant or
any of the applicant’s principals:
(1) Has ever been convicted of any felony that has not been annulled by a court;
(2) Has, within the 10 years immediately prior to
application, had any civil, criminal, or regulatory sanctions or penalties imposed
against it, him, or her pursuant to any state or federal consumer protection
law or regulation;
(3) Has, within the 10 years immediately prior to
application, settled any civil, criminal, or regulatory investigation or complaint involving any
state or federal consumer protection law or regulation;
(4) Is currently the subject of any pending civil, criminal, or
regulatory investigation or complaint involving any state or federal consumer
protection law or regulation; or
(5) Has been denied authorization to provide competitive electricity supply service
or electric aggregation service in any other state or jurisdiction;
(i) A list of the other states or jurisdictions
in which the applicant currently conducts business relating to the aggregation
of electric customers;
(j) A statement that the applicant is not
representing any supplier interest or a list of any supplier interest(s) the
applicant intends to represent;
(k) The date upon which the applicant expects to
commence marketing its services to customers in New Hampshire;
(l) A statement certifying that the applicant has
the authority to file the application on behalf of the aggregator and an
attestation that its contents are truthful, accurate, and complete; and
(m) The signature of the applicant or its
authorized representative.
Source. #9774-B,
eff 8-26-10; ss by #12372, eff 11-1-17
Puc 2006.03 Information Required in CEPS
Quarterly Sales Report. The
confidential CEPS quarterly sales report required
by Puc 2003.04(a) shall include the following
information:
(a) The legal name of the CEPS and the trade name, if any, under
which it is registered to conduct business in New Hampshire;
(b) The quarter and year for which sales are being reported;
(c) A description of the sales activity which occurred during the
period for which the report is being filed;
(d) The CEPS’s sales of electricity in each utility’s franchise
area, reported by both kWh quantity and dollar amount, and segregated by:
(1) Residential customers;
(2) Small commercial customers;
(3) Large
commercial customers;
(4) Industrial
customers; and
(5) Street lighting class customers;
(e) The total kWh sold;
(f) The total
dollar amount of sales;
(g) The number
of customers, by utility rate class, to whom sales were made;
(h) A list of the aggregators currently using the CEPS to
provide service to New Hampshire customers; and
(i) The number of
customers served by each listed aggregator.
Source. #12372, eff 11-1-17
Puc 2006.04 Information Required for
Assessment Exemption Claim. The
commission assessment exemption claim required by Puc
2003.07 shall include the following information and signature:
(a) The legal
name of the CEPS or aggregator and the trade name, if any, under which it is
registered to conduct business in New Hampshire;
(b) The docket
number under which the CEPS’s or aggregator’s most recent registration was
approved by the commission;
(c) The gross
revenue earned in New Hampshire by the
CEPS or aggregator during the most recent fiscal year, which is the
period from July 1 through June 30;
(d) A statement
identifying the fiscal year for which the exemption is claimed;
(e) The name,
telephone number, and e-mail address of the authorized individual preparing the
exemption claim;
(f) The date on
which the exemption claim was completed, which shall not be prior to July 1 of
the applicable year; and
(g) The
signature of the exemption claim preparer and an attestation that the
information provided in the exemption claim is truthful, accurate, and
complete.
Source. #12372, eff 11-1-17
APPENDIX
|
Rule |
Specific State Statute the Rule Implements |
|
|
|
|
Puc 2000 (other specific statute
provisions implemented by specific rules are listed below) |
RSA 374-F:7 |
|
Puc 2001 |
RSA 374-F:7, I and V |
|
Puc 2002 |
RSA 374-F:7, I and V |
|
Puc 2003 |
RSA 374-F:7, I and V |
|
Puc 2004.01-2004.02 |
RSA 374-F:7, I and V |
|
Puc 2004.03 |
RSA 374-F:4-b and 7, I and
V |
|
Puc 2004.04-2004.18 |
RSA 374-F:7, I and V |
|
Puc 2004.19 |
RSA 363:37-38; RSA
374-F:7, I and V |
|
Puc 2004.20 |
RSA 374-F:7, I and V |
|
Puc 2005 |
RSA 374-F:7, III and V;
RSA 541-A:30, II |
|
Puc 2006 |
RSA 374-F:7, I and V |