Adopt Puc 2000 to read as follows:

CHAPTER Puc 2000 COMPETITIVE ELECTRIC POWER SUPPLIER AND AGGREGATOR RULES

Revision Note:

Document #14576, effective 5-13-26, repealed Part Puc 2006 in Chapter Puc 2000, titled “Information Submission Requirements”.

PART Puc 2001 PURPOSE AND APPLICATION OF THE RULES

Puc 2001.01 Purpose. The purpose of Puc 2000 is to establish a procedure, in addition to Puc 200, to adjudicate the department of energy’s petitions alleging sanctionable events and the transfer of customer complaints against competitive electric power suppliers and aggregators registered with the department of energy under RSA 374-F:7 and En 2000.

Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10; ss by #12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36

Puc 2001.02 Application of Rules.

(a) This chapter shall apply to competitive electric power suppliers as defined in Puc 2002.04, and aggregators as defined in Puc 2002.02.

(b) This chapter 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 2002.10.

Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10; ss by #12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36

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 203.01.

Source. #12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36

PART Puc 2002 DEFINITIONS

Puc 2002.01 “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; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.01 and Puc 2002.02)

Puc 2002.02 “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 the employee’s employer.

Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10; ss by #12372, eff 11-1-17 (from Puc 2002.01); ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.03)

Puc 2002.03 “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); ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.07)

Puc 2002.04 “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); ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.08)

Puc 2002.05 “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); ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.10)

Puc 2002.06 “Department” means the New Hampshire department of energy

Source. #12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.14)

Puc 2002.07 “ISO New England, Inc. (ISO-NE)” means 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; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.17)

Puc 2002.08 “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; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.19)

Puc 2002.09 “Sanctionable event” means a CEPS or aggregator has:

(a) Violated any provision of the rules included in this chapter or in En 2000;

(b) Violated the requirements of RSA 374-F:7 or any other provision of RSA Title XXXIV applicable to CEPS or aggregators; or

(c) 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; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.20)

Puc 2002.10 “Utility” means any electric generation, transmission, 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); ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2002.24)

PART Puc 2003 CONSUMER PROTECTION REQUIREMENTS

Puc 2003.01 Environmental Disclosure.

(a) The CEPS shall provide environmental disclosure information using the format and methodology as required by this section.

(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.”

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; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2004.05)

Puc 2003.02 Transfer of Customers Resulting from Unexpected Cessation of CEPS Service. 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 pay reparations for customers losses if ordered by the commission following a proceeding conducted in accordance with the Puc 200 rules.

Source. #12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2004.16)

PART Puc 2004 ENFORCEMENT PROVISIONS AND PROCEDURES

Puc 2004.01 Department Petitions to the Commission. Upon receipt of a petition filed by the department alleging a sanctionable event pursuant to En 2005.01, the commission shall begin adjudicative proceedings in accordance with RSA 541-A:31 and Puc 200.

Source. #7758, eff 9-4-02; ss by #9774-A, eff 8-26-10; ss by #12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2005.01)

Puc 2004.02 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 2004.05, 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 with the department.

(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; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2005.02)

Puc 2004.03 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 with the department.

(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 and En 2000. The CEPS or aggregator shall provide the commission and the department with written confirmation and supporting evidence that it has complied with the foregoing requirements.

Source. #12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2005.03)

Puc 2004.04 Revocation of Registration of 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 and En 2000. The CEPS or aggregator shall provide the commission and the department with written confirmation and supporting evidence that it has complied with the foregoing requirements.

Source. #12372, eff 11-1-17; ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2005.04)

Puc 2004.05 Factors to be Considered Regarding Sanctions.

(a) The amount of any fines to be assessed pursuant to RSA 374-F:7, III, the period and scope of any suspension under Puc 2004.02 or Puc 2004.03, as applicable, or the decision to revoke the registration of a CEPS or aggregator under Puc 2004.04, 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.

(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); ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2005.05)

Puc 2004.06 Commission Adjudication of Customer Complaint.

(a) Pursuant to Puc 203.06 and Puc 203.07, customer complaints transferred to the commission for adjudication shall be in the form of a petition.

(b) Pursuant to RSA 541-A:31, RSA 365:4, and RSA 365:5, the commission shall commence an adjudicative proceeding to resolve the customer complaint petition against a CEPS or aggregator alleging that the CEPS or aggregator is not in compliance with the provisions of En 2000.

Source. #12372, eff 11-1-17 (from Puc 2005.02); ss by #14576, eff 5-13-26, EXPIRES: 5-13-36 (formerly Puc 2005.07)

APPENDIX

Rule	Specific State Statute the Rule Implements
Puc 2001	RSA 365:8, I
Puc 2002	RSA 365:8, I
Puc 2003	RSA 365: 8, I; RSA 378:49
Puc 2004	RSA 365:8, I; RSA 365:5; RSA 541-A:30, II; RSA 541-A: 31; RSA 374-F:7, III