CHAPTER Puc 3000
COMPETITIVE NATURAL
PART Puc 3001
PURPOSE
Puc
3001.01 Purpose. The purpose of
Puc 3000 is to establish a procedure, in addition to Puc 200, to adjudicate the
department’s petitions alleging sanctionable events and the transfer of
customer complaints against competitive natural gas suppliers and aggregators
registered with the department of energy under RSA 12-P:15, I and the En 3000
rules.
Source. #7811, eff 12-28-02; ss by #9796-A, eff
9-25-10; ss by #12757, eff 6-1-19; ss by #14613, eff 6-5-26, EXPIRES: 6-5-36
Puc
3001.02 Application of Rules.
(a)
This chapter shall apply to competitive natural gas suppliers as defined in Puc
3002.07 and aggregators as defined in Puc 3002.03.
(b) This chapter shall not apply to the sale of
natural gas to residential or non-residential customers by a local distribution
company as defined in En 3002.14.
Source. #7811, eff 12-28-02; ss by #9796-A, eff
9-25-10; ss by #12757, eff 6-1-19; ss by #14613, eff 6-5-26, EXPIRES: 6-5-36
Puc
3001.03 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. #14613, eff 6-5-26, EXPIRES: 6-5-36
PART Puc 3002
DEFINITIONS
Puc
3002.01 “Aggregate” means to combine the
natural gas loads of 2 or more customers or a single customer with multiple
meters or multiple locations.
Source. #7811, eff 12-28-02; ss by #9796-A, eff
9-25-10 (from Puc 3002.01) EXPIRED: 9-25-20
New. #14613, eff 6-5-26, EXPIRES: 6-5-36 (formerly
Puc 3002.02)
Puc
3002.02 “Aggregator” means any person or
entity that aggregates natural gas load but takes no ownership of the natural
gas supplies needed to meet that aggregated load. The term includes, but is not limited to, any
person or entity that facilitates or otherwise arranges for the purchase or
sale of natural gas between customers and approved competitive natural gas
suppliers. The term does not include any employee aggregating load on behalf of
her or his employer.
Source. #7811, eff 12-28-02; ss by #9796-A, eff
9-25-10; ss by #12757, eff 6-1-19 (from Puc 3002.02); ss by #14613, eff 6-5-26,
EXPIRES: 6-5-36 (formerly Puc 3002.03)
Puc
3002.03 “Commission” means the New
Hampshire public utilities commission.
Source. #7811, eff 12-28-02; ss by #9796-A, eff
9-25-10 (from Puc 3002.03); ss by #12757, eff 6-1-19 (from Puc 3002.05); ss by
#14613, eff 6-5-26, EXPIRES: 6-5-36 (formerly Puc 3002.06)
#12757, eff 6-1-19 (from Puc 3002.03)
Puc
3002.04 “Competitive natural gas
supplier (CNGS)” means any person or entity that sells or offers to sell
natural gas to a customer of a local distribution company (LDC) in this
state. A CNGS takes ownership of the
natural gas supply to the extent it is the entity responsible for delivering
that supply to the city gates of an LDC in accordance with the LDC’s balancing
requirements. The term does not include
any municipal or county corporation operating within its corporate limits, LDCs
supplying natural gas in accordance with rates and/or practices approved by the
commission, third party suppliers to entities with direct connections to
non-utility owned intrastate or interstate natural gas pipelines, suppliers to
electrical generation facilities with a capacity of 30 megawatts or more, or
persons or entities to the extent that they supply natural gas at wholesale to
an LDC.
Source. #7811, eff 12-28-02; ss by #9796-A, eff
9-25-10 (from Puc 3002.04); ss by #12757, eff 6-1-19 (from Puc 3002.06); ss by
#14613, eff 6-5-26, EXPIRES: 6-5-36 (formerly Puc 3002.07)
Puc
3002.05 “Customer” means any person or
entity in this state, including any governmental unit, that utilizes delivery
service provided by an LDC and purchases natural gas at retail from a CNGS or
whose load is aggregated by an aggregator, but does not include residential
consumers.
Source. #7811, eff 12-28-02; ss by #9796-A, eff
9-25-10 (from Puc 3002.05); ss by #12757, eff 6-1-19 (from Puc 3002.07); ss by
#14613, eff 6-5-26, EXPIRES: 6-5-36 (formerly Puc 3002.09)
Puc
3002.06 “Department” means the New
Hampshire department of energy.
Source. #14613, eff 6-5-26, EXPIRES: 6-5-36
Puc
3002.07 “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. #12757, eff 6-1-19; ss by #14613, eff 6-5-26,
EXPIRES: 6-5-36 (formerly Puc 3002.16)
Puc 3002.08
“Sanctionable event” means a CNGS or aggregator has:
(1) Violated any provision of the rules included
in this chapter or in En 3000;
(2) Violated the requirements of RSA 12-P:15, I
or any other provision of RSA Title XXXIV applicable to CNGS or aggregators; or
(3) Engaged in any unfair or deceptive acts or
practices in the marketing, sale, or solicitation of natural gas or related
services.
Source. #12757, eff 6-1-19; ss by #14613, eff 6-5-26,
EXPIRES: 6-5-36 (formerly Puc 3002.17)
PART Puc 3003
ENFORCEMENT PROVISIONS
Puc 3003.01 Department
Petitions to the Commission. Upon
receipt of a petition filed by the department alleging a sanctionable event
pursuant to En 3005.01, the commission shall begin
adjudicative proceedings in accordance with Chapter Puc 200 rules.
Source. #7811, eff 12-28-02; ss by #9796-A, eff
9-25-10; ss by #12757, eff 6-1-19; ss by #14613, eff 6-5-26, EXPIRES: 6-5-36
(formerly Puc 3005.01)
Puc
3003.02 Commission Adjudication of
Consumer Complaints.
(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 a customer complaint against a
CNGS or aggregator alleging that the CNGS or aggregator is not in compliance
with the provisions of En 3000.
Source. #12757, eff 6-1-19; ss by #14613, eff 6-5-26,
EXPIRES: 6-5-36 (formerly Puc 3005.07)
APPENDIX
|
Rule |
Specific
State Statute the Rule Implements |
|
Puc 3000 |
RSA 365:8, I; |
|
Puc 3001; Puc 3002; Puc 3003 |
RSA 365:8, I; RSA 365:5; RSA 541-A:30, II |