TO: (a) Legislative Counsel - State of Georgia
(b) All Parties of Record – Docket No. 8044-U
(c) All Certificated Natural Gas Marketers
(d) Local Gas Companies
(e)
Consumers’ Utility Counsel Division of the Governor’s Office of Consumer
Affairs
(f)
Affected Commission Staff
FROM: Georgia Public Service Commission
47 Trinity
Avenue, S.W.
Atlanta,
Georgia 30334
IN RE: Adoption of Amendments to
Commission Utility Rule 515-7-3 (Marketers’ Certificates of Authority)
All interested parties are hereby
notified pursuant to Ga. Laws 1964, pp. 338, 342, as amended (Official Code of
Georgia Annotated Section 50-13-4) that the Georgia Public Service Commission
("Commission") has considered and adopted amendments to its rules
concerning marketers' certificates of authority under the Georgia Natural Gas
Competition and Deregulation Act (Senate Bill 215), O.C.G.A. § 46-4-150 et
seq., and in particular O.C.G.A. §§ 46-4-153 and 46-4-160.
The Commission’s marketer
certification rules first became effective as provided by law twenty (20) days
after approval in Special Administrative Session on December 30, 1997, and
subsequent filing with the Secretary of State.
The Commission adopted amended rules in Administrative Session on May
16, 2000.
I. RULE
A. Introduction and Jurisdiction
The Georgia Public Service
Commission is charged with the implementation and administration of the State
of Georgia's Natural Gas Competition and Deregulation Act, O.C.G.A. § 46-4-150 et
seq. (also referred to herein as the "Act"). As part of this implementation, the
Commission established new rules relating to certificates of authority issued
to persons pursuant to the Act.
As provided for in the Act, the
Commission shall not consider any applications to provide service to a
territory that is presently being served by a gas company holding a valid
certificate of public convenience and necessity until such time as the gas
company has filed a notice of election pursuant to O.C.G.A. § 46-4-154. Once a notice of election is filed, it is
acted upon by the Commission, which is then authorized to issue certificates of
authority to persons allowing them to sell or offer to sell natural gas in
intrastate commerce to retail customers in a particular delivery group(s) that
receive primarily firm service within the State of Georgia. To qualify for the issuance of a certificate
of authority, a person must file an application with the Commission showing
among other things that it possesses the appropriate financial and technical
capability to sell or offer to sell natural gas within the state. A showing of public convenience and
necessity is not a condition for the issuance of a certificate of authority
within any delivery group(s).
B. Synopsis and Explanation of Rules
The primary purpose of the rules is
to establish standards associated with issuance of certificates of authority
under the Natural Gas Competition and Deregulation Act. To obtain a certificate of authority, an
applicant must demonstrate to the Commission's satisfaction that it possesses
adequate financial and technical capability to sell or offer to sell natural
gas within the state. The determining
criteria for the issuance of a certificate of authority are contained in the
rules.
Once issued, a certificate of
authority is subject to revocation, suspension, or modification where the
Commission finds upon notice and hearing that a marketer has failed repeatedly
or willfully to meet its obligations to retail customers; has engaged in unfair
competition or has abused its market position; possesses itself or has acted in
concert with anyone who possesses a history of violations of laws, rules or
regulations designed to protect the public,
has included falsified or forged information in its application for a
certificate of authority; has acted unlawfully to the detriment of the public
while certificated; and/or has engaged in activities that are or have the
potential to mislead, deceive or work a fraud on the members of the public.
Pursuant to O.C.G.A. § 46-4-160, the
Commission is authorized to resolve complaints against a marketer regarding
that marketer’s service. To ensure that
customers of a marketer are aware of its complaint procedures, the rules
require that a marketer inform its customers of complaint procedures at least
four times a year. Complaints regarding
marketers may ultimately be acted upon by the Commission.
The
amendments to the rule set forward the conditions pursuant to which a marketer
may trade customers. The rule also
requires that the marketer file with the Commission pricing information as well
as disclose relevant pricing information when making offers to customers. Also, the rule as amended requires that
marketer bills include the electing distribution company’s customer account
number. The rule as amended also
increases from five business to fifteen total days the amount of time that the
Commission Staff has to notify marketer applicants that supplemental
information was insufficient to complete their marketer applications. Finally, the amended rule includes
additional standards for certification as well as additional grounds for
revocation, suspension or modification of a certificate of authority.
II. RULE
Pursuant to the requirements of the
Georgia Administrative Procedures Act at O.C.G.A. § 50-13-4(a)(1), the Commission
adopts amendatory rules in Chapter 515-7-3 relating to certificates of
authority under the Georgia Natural Gas Competition and Deregulation Act. The full text of the rules under Chapter
515-7-3 of the Utility Rules of the Commission is set forth below.
RULES OF GEORGIA PUBLIC
SERVICE COMMISSION
515-7 GAS UTILITIES
CHAPTER 515-7-3
MARKETERS' CERTIFICATE OF
AUTHORITY
515-7-3-.01 Definitions.
515-7-3-.02 Commission Authority and Scope of
Provisions.
515-7-3-.03 Application for a Certificate of Authority.
515-7-3-.04 Certification Standards.
515-7-3-.05 Prerequisites to the Filing of an
Application;
Scheduling of Hearings.
515-7-3-.06 Complaints.
515-7-3-.07 Revocation, Suspension and Modification of
Certificates of
Authority; Sanctions.
515-7-3-.08 Required Disclosures.
515-7-3-.01 Definitions.
As
used in this Utility Rule 515-7-3, the following terms shall have the following
definitions:
(a)
“Act” means
the Natural Gas Competition and Deregulation Act as provided for in O.C.G.A. §
46-4-150 et seq.
(b) “Ancillary
service” means a service that is ancillary to the receipt or delivery of
natural gas, including without limitation storage, balancing, peaking, and
customer services.
(c) “Applicant”
means any person who has filed an application for a certificate of authority
with the Georgia Public Service Commission to sell or offer to sell any
commodity sales service or distribution service in intrastate commerce to
retail customers who primarily receive firm service within the State of
Georgia.
(d) “Commission” means the Georgia Public
Service Commission.
(e) “Commodity
sales service” means the sale of natural gas exclusive of any distribution or
ancillary service.
(f) “Customer
service” means a function related to serving a retail customer including
without limitation billing, meter reading, turn-on service, and turn-off
service.
(g) “Delivery
Group” means a set of individual delivery points on one or more interstate
pipeline suppliers to a gas company that may be aggregated and utilized for the
distribution of gas to a particular set of retail customers.
(h) “Distribution
service” means the delivery of natural gas by and through the intrastate
instrumentalities and facilities of a gas company or of a marketer certificated
pursuant to Code Section 46-4-153, regardless of the party having title to the
natural gas.
(i)
“Electing
distribution company” means a gas company that elects to become subject to the
provisions of the Act and satisfies the requirements of O.C.G.A. § 46-4-154.
(j) “Firm”
means a type of distribution service which ordinarily is not subject to
interruption or curtailment.
(k) “Gas” means natural gas.
(l) “Gas
company” means any person to whom a certificate of public convenience and
necessity has been issued by the Commission to own, operate, acquire, or
construct any intrastate pipeline or distribution system, or any extension
thereof, for the sale of natural gas.
(m) “Interruptible”
means a type of distribution service which is subject to interruption or
curtailment.
(n) “Marketer”
means any person certificated by the Commission to provide commodity sales
service or distribution service pursuant to O.C.G.A. § 46-4-153 or ancillary
services incident thereto.
(o) “Person”
means any corporation, whether public or private; company; individual; firm;
partnership; or association.
(p) “Retail
customer” or “retail purchaser” means a person who purchases commodity sales
service or distribution service and such purchase is not for the purpose of
resale.
(q) "Trade" means to swap or switch
customers with another marketer for any form of compensation. “Trade” does not apply to a marketer assigning
a customer under an existing contract to a new marketer pursuant to O.C.G.A. §
11-2-210.
Authority
Ga. Law: O.C.G.A. §§ 46-4-152; 46-4-153(c)(1); and 46-4-160(a)(1).
515-7-3-.02 Commission Authority and Scope of
Provisions.
(1)
Consistent
with the Official Code of Georgia Annotated (O.C.G.A.) § 46-4-153, a person
shall be required to obtain a certificate of authority from the Georgia Public
Service Commission to sell or offer to sell natural gas in intrastate commerce
to retail customers in a particular delivery group(s) who primarily receive
firm service within the State of Georgia, as described by the regulations in
this Rule. The Commission shall have
the authority to adopt reasonable rules governing the certification of a
marketer; grant, modify, impose conditions upon, or revoke a certificate; adopt
reasonable rules governing quality of service; and resolve complaints against a
marketer regarding that marketer's service.
The rules set forth herein specify the manner in which such certificates
shall be issued, identify the criteria that applicants must meet to obtain
certification, set forth service standards, state prerequisites to an
application being filed, establish hearing procedures, and specify the manner
in which customer complaints shall be addressed. These rules also provide for the grounds upon which the
Commission may deny, revoke, suspend, or modify a certificate of authority.
(2)
The
requirements of these rules shall apply to any person who sells or offers to
sell any commodity sales service or distribution service in intrastate commerce
to retail customers in a particular delivery group(s) who primarily receive
firm service within the State of Georgia.
(3)
Except as
otherwise provided in Article 5 of Chapter 4 of Title 46 of the Official Code
of Georgia Annotated, as amended, the issuance of a certificate of
authority to a person by the Commission does not subject that person to the
jurisdiction of the Commission under Title 46, including, without limitation,
the provisions of Article 2 of Chapter 2 of Title 46 of the Official Code of
Georgia Annotated, as amended.
(4)
In the
event of any conflict between the provisions of this Rule and applicable
provisions of the Official Code of Georgia Annotated, including O.C.G.A. §
46-4-153 as it may be amended from time to time, the applicable provisions of
the O.C.G.A. shall take precedence. Any
such conflict as to one or more provisions of these rules shall not, however,
void or nullify any remaining provisions thereof.
Authority
Ga. Law: O.C.G.A. §§ 46-4-153; 46-4-153(c)(1); 46-4-160(a); and 46-4-160(c).
515-7-3-.03 Application for a Certificate of Authority
(1)
Any person
seeking to sell or offer to sell natural gas on a firm basis pursuant to
O.C.G.A. § 46-4-153 is required to file an application with the Commission on a
form approved for a certificate of authority.
No person other than a gas company shall sell or offer to sell natural
gas to any person who primarily receives firm service in any delivery group(s)
in Georgia unless and until such time as a certificate of authority has been
issued by the Commission.
(2)
Applications
shall contain the following:
(a)
the legal
name of the applicant and the name under which it proposes to do business in
Georgia, as well as its mailing and business address(es), telephone number(s),
facsimile number(s), and Internet e-mail address, if any;
(b)the name(s) and current business
address(es) of the applicant's principal corporate officers;
(c)
the name(s)
and current business address(es) of the applicant's principal and corporate
officer(s) in Georgia, if different from those identified in subparagraph (b)
above;
(d) a
description of the applicant’s business, ownership structure, affiliates, date
of formation, tax identification number, Secretary of State's charter or
identification number and Georgia revenue sales tax number;
(e) the most recent annual reports filed
with stockholders and the Securities and Exchange Commission (Form 10K), if the
applicant is a publicly held company;
(f) the proposed terms of service, expected
revenues, and rules for contracting with firm customers as referenced in
O.C.G.A. §§ 46-4-153(a)(2)(C) and 46-4-160(c);
(i)
the rules
for contracting with firm customers shall include, but are not limited to:
[a]
the bills
and contracts must be written in clear and plain language.
[b]
the bills
must contain sufficient information to allow customers to verify the accuracy
of their bills.
[c]
the pricing
structure must be clearly explained, including any late fees or interest
charges.
[d] the contract term must be specified along with any termination
rights.
(2) the firm customers must be given the
right to cancel their contracts if they relocate out of their delivery group.
[e] the bill must include an emergency telephone number.
[f] the electing distribution company’s active customer account number must be placed on each bill.
(ii)
the
applicant acknowledges that it must comply with federal telemarketing rules and
Georgia consumer protection laws.
(g)
the
financial information shall include, but is not limited to:
(i)
a
demonstration that the applicant’s capital base or other financial resources
can withstand the business and financial risk and absorb losses that might
occur in providing primarily firm gas service to retail customers;
(ii)
an
explanation as to how the applicant’s financial plans and resources will
provide the means to implement its business/marketing plans for providing
primarily firm gas service to retail customers;
(iii)
the audited
financial statements (balance sheets, income statements, and cash flow
statements) of the applicant for the last three (3) years; if audited financial
statements are unavailable, then unaudited financial statements supported by
the sworn certification of an officer, general partner, or managing agent will
be accepted;
(iv)
a credit
rating and/or bond rating made by a reputable third party or parties, such as
Standard and Poor’s. If such rating is
not available, or is not at least a BBB- from Standard and Poor’s or a Baa3
from Moody’s, the applicant shall submit any financial support agreements
between the applicant and its parent, or access to lines of credit, or
agreements with other parties to provide financial support;
(v)
the details
of any unconditional purchase obligations that require payments by the
applicant in future periods;
(vi)
a schedule
of the applicant’s non-cancelable operating lease commitments;
(vii)
the
schedules detailing the applicant’s long-term debt and available credit
facilities, including installments due on long-term debt;
(viii)
the details
of any joint ventures or general partnership agreements between the applicant
and other parties;
(ix)
the
information as to whether an estimated claim from a loss contingency has been
accrued by a charge to income as it relates to any pending or known litigation
or actual claims;
(x)
the
management’s plan for dealing with matters relating to an applicant’s ability
to continue as a going concern;
(xi)
the
applicant’s plan to provide for funds to be held in escrow by an independent
third party in the event that prepaid services are to be offered or deposits
are required; and
(xii) any other information that the applicant believes is relevant
to the evaluation of its financial capability.
(h) the technical information shall include,
but is not limited to:
(i)
the names,
current business address(es), and principal place(s) of business of employees
that will direct the Georgia operations, including an employee of the applicant
that will serve as a contact person for the Commission;
(ii)
the
delivery group(s) that the applicant seeks to serve;
(iii)
the
estimated or anticipated gas supply and capacity, as well as limitations, if
any, to gas supply;
(iv)
a
contingency plan to provide gas to firm customers in the event that a supply
disruption occurs;
(v)
the
procedures that will be employed in a gas-related emergency (i.e., force
majeure, interstate capacity limitation);
(vi)
a notarized
document that the applicant has met or has the ability to meet the
creditworthiness standards of the interstate pipelines serving the State of
Georgia and the Commission-approved creditworthiness standards of the
applicable electing distribution company (EDC);
(vii)
a statement
disclosing any existing, pending or past adverse rulings, judgments, litigation,
contingent liabilities, revocations of authority, administrative regulatory
investigations (i.e., FERC, SEC), and any other matters relating to the
financial or operational status for the past three (3) years that materially
affect current financial or operational status;
(viii)
a statement
describing the operating experience and qualifications of principal management
employees involved in the day-to-day activities of the entity's operation in
Georgia;
(ix)
a list of
the applicant’s comparable gas marketing activities by jurisdiction with quantification of annual sales, volumes or
other measures of activity;
(x)
the
information as to whether certificates of authority for the sale of natural gas
have ever been issued by any other state(s) and whether such certificates are
current. An applicant shall also
disclose to the Commission whether any application for certification has ever
been denied and whether any certificate of authority issued to it or an
affiliate has ever been suspended, revoked, modified, or sanctioned; and
(xi)
any other
information that the applicant believes is relevant to the evaluation of its
technical capability.
(3)
Any
information that the applicant deems to be proprietary or confidential may be
filed pursuant to Commission Rule Chapter 515-3-1-.11, Trade Secrets.
(4)
An
applicant shall submit to the Executive Secretary of the Commission the number
of copies indicated on the application form.
The original, signed by the applicant, must accompany the copies. Failure to provide the appropriate number of
copies or the signed original will result in the rejection and return of the
application.
(5)
Any
application that is deemed to be incomplete after it is filed with the
Commission shall not be considered until such time as all of the information
requested therein has been furnished.
The sixty (60) day time frame during which the Commission is charged
with conducting a public hearing or hearings on an application shall not
commence unless and until a completed application has been submitted by the
applicant. The Commission shall provide
the applicant with a notification within fifteen (15) days after filing whether
said application is deemed to be complete, or, if incomplete, what information
is lacking. The Commission shall notify
the applicant no later than fifteen (15) days following its receipt of any
additional information whether such information is sufficient to regard the
application as complete. If the
additional information is not sufficient, the notification sent to the
applicant by the Commission shall include a specific statement detailing the
information that must be clarified or which otherwise does not adequately
respond to the original request.
(6)
The
Commission shall deem an application to be withdrawn if the applicant fails to
furnish any information requested in a notice of incompleteness within fifteen
(15) business days after the date on which the request for additional
information was issued.
(7)
A
certificate of authority may not be transferred, assigned, or leased except
upon application to and approval by the Commission.
Authority
Ga. Law: O.C.G.A. §§ 46-4-153(a)(1); 46-4-153(a)(2); 46-4-153(c)(1);
46-4-153(e); and 46-4-160(a)(1).
515-7-3-.04 Certification Standards
(1)
The
Commission shall issue a certificate of authority for a delivery group upon a
showing by the applicant:
(a)
that it
possesses satisfactory financial and technical capability to render the
certificated service;
(b)
that it has
the ability to obtain sufficient gas supply to meet the requirements of such
service; and
(c)
that it
will offer such service pursuant to rules and contract terms which the
Commission finds economically viable for the delivery group(s) which the
applicant proposes to serve.
(2)
Until such
time as a determination is made by the Commission that adequate market conditions
exist within a delivery group as contemplated by O.C.G.A. § 46-4-156, a
marketer must separately list on its bills to retail customers within the
delivery group the charges for firm distribution service and for commodity
sales.
(3)
A marketer
shall not refuse to sell gas to a potential firm retail customer within the
delivery group(s) covered by the marketer's certificate of authority if the
sale can be made by the marketer pursuant to the rules for service authorized
by the marketer's certificate of authority and upon terms that will provide the
marketer with just and adequate compensation.
The price at which a marketer sells gas shall not be fixed by the
Commission.
(4)
A
certificate of authority shall not be issued to an applicant who is unable to
document that it has the ability to meet the creditworthiness standards of the
interstate pipelines serving the State of Georgia and/or the
Commission-approved creditworthiness standards
of the applicable EDC.
(5)
The
Commission may deny an application for a certificate of authority upon a
showing that a marketer or anyone acting in concert with a marketer has a
history of violating laws, rules, or regulations designed to protect the
public.
(6)
Upon being
issued a certificate of authority, a marketer shall abide by applicable laws
under the Official Code of Georgia Annotated, all applicable rules and
regulations of the Commission and findings, conclusions, terms, and conditions
set forth in pertinent Commission Orders.
(7)
Each
marketer must keep on file with the Commission’s Natural Gas and Consumer
Affairs Staff updated information on its regulatory contact person. The information shall contain the person’s
name, phone number, email address, mailing address and fax number.
(8)
Each
marketer shall make available contemporaneously to randomly assigned customers
the same options for rates, terms and conditions of service that the marketer
makes available to its other similarly situated customers.
(9)
Each
marketer shall pass through senior citizen discounts to eligible customers to
the extent provided by the electing distribution company.
(10)
Marketers
must apply to the Commission to receive authorization prior to any change in
ownership, name change (including doing-business-as (d/b/a) name change),
adding or dropping a delivery pool group from service, owning meters, or
any other substantial change that would affect their certification.
(11) No marketer shall require a cash deposit to establish or re-establish credit in an amount in excess of two-and-one-half twelfths of the estimated charge for the service for the ensuing twelve months; and, in the case of seasonal service, in an amount in excess of one-half of the estimated charge for the service for the season involved. Each marketer shall establish an escrow account at a financial institution for the purpose of holding customer’s deposits. Customers’ deposits shall be held in trust in the escrow account established and shall not become the property of the marketer or be commingled with the funds of the marketer. Marketers shall pay interest on applicants’ or customers’ deposits for gas service held six months or longer at least equal to the interest rate paid by the financial institution where the escrow account is located. Upon receipt of a customer or applicant deposit, the marketer shall furnish the gas customer/applicant a receipt showing the following information:
a. Name of customer/applicant;
b. Amount of deposit;
c. Date of receipt;
d. Name of marketer;
e. Interest rate;
f. Address where service is to be rendered;
g. Statement of the terms
under which the deposit may be refunded.
Upon discontinuance of service, each
marketer shall promptly and automatically refund the customers' deposits plus
accrued interest on the balance, if any, in excess of the unpaid bills for
service furnished by the marketer. In
the case of any residential customer who has received natural gas service at
the same location for twenty-four consecutive months, and who has paid his
monthly utility bills promptly and regularly, and is not, at the end of such
twenty-four-month period, delinquent in the payment of bills, the marketer shall, within thirty
days of the end of the twenty-four-month period, automatically refund the
deposit plus accrued interest, provided however, that the term promptly and
regularly shall not be construed to disallow the refund to a customer who has
had only two delinquent payments during the twenty-four month period. If a customer has had service discontinued
for nonpayment, or has not paid bills promptly and regularly, the marketer
shall withhold the refund, but thereafter, review the customer's account every
twelve billings, and at the completion of a twenty-four month period during
which a record of prompt and regular payments has been established, the marketer
shall automatically refund the deposit, plus accrued interest. At the option of the marketer, a deposit
plus accrued interest may be refunded in whole or in part, at any time earlier
than the times herein prescribed, and based on any credit review period
less than twenty-four months in the discretion of the marketer.
(12) A
marketer shall not, either individually or through an alliance with another
marketer, refuse to sell gas to a potential firm retail customer within the
territory covered by the marketer’s certificate of authority if the sale can be
made by the marketer pursuant to the rules for service authorized by the
marketer’s certificate of authority and upon terms that will provide the
marketer with just and adequate compensation.
(13) A
marketer shall file with the Commission monthly reports as required by the
Commission’s Order in Docket No. 8390-U, providing the following: Composite
sales volume and average revenue data by type of customer and delivery group;
number of residential customers; number of commercial customers; number of
industrial customers (to the extent these customers have firm service demands);
total number of customers; therms delivered to commercial customers; therms
delivered to industrial customers (to the extent the therms delivered are not
interruptible); total therms delivered in firm service to customers; total
therms purchased from suppliers for firm customer demands. If any such information constitutes trade
secret, that limited portion of the information may be filed according to the
Commission’s Trade Secret Rule 515-3-1-.11.
Each report shall be filed on or before the 20th day of each
month with data for the preceding month.
All information in the monthly reports shall be filed under the Interim
Certificate Number and Docket Number associated with the Applicant’s interim
certificate.
(14) It
shall be a violation of a marketer’s certificate to trade customers except when
the following conditions are met:
(a) Thirty (30) days in advance of trading a customer, the marketer
must provide to each customer it trades written notice stating the following:
(i) the date that the customer will be traded to a different
marketer,
(ii) the name of the marketer to which the customer will be
traded,
(iii) that the customer has the right to select the marketer of
their choice without charge prior to the switch date, and
(iv) the rates, terms and conditions of service which the new
marketer will be offering to them; and
(b) The traded customer’s right to one free annual switch shall
not be affected by the trade. In the
event the customer selects another marketer rather than be traded and a
switching charge is incurred as a result, the prior marketer shall pay to the
EDC any applicable switch fee so that the customer maintains its free annual
switch. In the event that the customer
is traded and then selects another marketer within the same calendar year and a
switching charge is incurred as a result, the marketer to whom the customer
was traded shall pay to the EDC any applicable switch fee so that the customer
maintains its free annual switch.
(15) Each
marketer shall file at the Commission by the 5th of the current
month, the marketer’s standard fixed offer for residential customers and
standard variable offer for residential customers. Such offers shall include the cost per therm for the commodity
and upstream capacity charges, and shall also include the EDC’s base charge,
the marketer customer service charge, and any other charges to be included in
the offers.
Authority
Ga. Law: O.C.G.A. §§ 46-4-153(a)(2); 46-4-153(c)(1); 46-4-153(e);
46-4-160(a)(1); and 46-4-160(c).
515-7-3-.05 Prerequisites to the Filing of an
Application; Scheduling of Hearings
(1)
An
application for a certificate of authority shall not be filed with the
Commission to provide service to a delivery group(s) that is presently being
served by a gas company holding a valid certificate of public convenience and
necessity until such gas company has filed a notice of election pursuant to the
provisions of O.C.G.A. § 46-4-154.
(2)
Until
fifteen (15) days have expired after the effective date of rates approved by
the Commission for an electing distribution company pursuant to O.C.G.A. §
46-4-154, the Commission shall not approve or disapprove any complete
application for a certificate of authority covering delivery groups
certificated to such electing distribution company which application is filed
prior to such expiration date. All
complete applications for certificates of authority filed prior to such
expiration date shall be considered by the Commission simultaneously.
(3)
Within
sixty (60) days following such expiration date, the Commission shall conduct a
public hearing or hearings on all complete applications filed prior to said
expiration date. Thereafter, within
ninety (90) days following such expiration date, the Commission shall issue its
order approving or disapproving each application for a certificate of
authority.
(4)
The
Commission shall conduct a public hearing on any application for a certificate
of authority filed subsequent to the expiration date within sixty (60) days
after the filing of such application.
Within ninety (90) days after the filing of the application, the
Commission shall issue its order approving or disapproving each application.
Authority
Ga. Law: O.C.G.A. §§ 46-4-153(c) and 46-4-160(a)(1).
515-7-3-.06 Complaints
(1)
All
marketers holding certificates of authority shall notify their customers of
their respective complaint procedures at least once during each quarter of the
calendar year. This description shall
include, at a minimum, the names, business addresses, telephone and facsimile
numbers of personnel to contact with customer complaints, as well as the
telephone number for the Consumer Affairs Division of the Commission. If these individuals are located outside the
State of Georgia, a toll-free telephone number must be provided.
(2)
The
provisions of Commission Rule Chapter 515-2-1-.04(1) and (2) pertaining to
complaints shall be applicable to marketers.
(3)
Good faith
assertions that a marketer certificated under O.C.G.A. § 46-4-153 has violated
the laws and rules of the Commission and/or the terms of the certificate of
authority that it has been issued may be made by any person. In the event that any such allegations are
made against an applicant seeking to be certificated to sell or offer to sell
natural gas in a particular delivery group(s) or an allegation is made that a
marketer or anyone acting in concert with the marketer has such history of
violations of laws, rules, or regulations designed to protect the public; has
included in its application for a certificate of authority any information that
was falsified or forged; has acted unlawfully to the detriment of the public
while certificated; and/or is, has been, or may be about to become involved in
activities described in O.C.G.A. § 46-4-153(6), the time constraints placed
upon the Commission in granting certification shall be null and void until such
time as the assertions made against the applicant can be reasonably addressed.
(4)
Prior to a
marketer contacting a gas utility for the purpose of disconnecting service for
a residential customer, the marketer shall first comply with the procedural
rules regarding disconnection as set forth in Chapter 515-3-2 of the Rules of
the Georgia Public Service Commission.
Failure to comply with the Commission's Rules for the disconnection of
service of any residential customer may subject a marketer to sanctions that
include, but are not limited to, the revocation of the marketer's certificate
of authority.
Authority
Ga. Law: O.C.G.A. §§ 46-4-151(b)(2); 46-4-153(e); 46-4-160(a)(1);
46-4-160(a)(2); 46-4-160(a)(3);46-4-160(a)(4);
and 46-4-160(b).
515-7-3-.07 Revocation, Suspension, and Modification of a
Certificate of Authority; Sanctions.
(1)
Any certificate
of authority issued by the Commission is subject to revocation, suspension, or
modification, where the Commission finds after notice and hearing that:
(a) a marketer has failed repeatedly or has
failed willfully to meet the obligations to its retail customers imposed by the
Act, the rules of this section, the certificate of authority issued by the
Commission, or the Commission-approved tariff of the applicable EDC. For purposes of this rule, the term "repeatedly"
means on more than one occasion;
(b) a marketer has been found to have engaged
in unfair competition or has abused its market position, or has engaged in
conduct prohibited by the Uniform Deceptive Trade Practice Act, O.C.G.A. §
10-1-370, et seq., The Fair Business Practices Act, O.C.G.A. §10-1-390,
et seq., or the provisions against false advertising in Title XI,
Chapter 1, Article 15, Part 3 of the Official Code of Georgia, annotated;
(c) a marketer or representative or agent
thereof has included in its application for a certificate of authority any
information that was falsified or forged;
(d) a marketer has acted unlawfully to the
detriment of the public while certificated;
(e) any of the marketer's activities are
serving or could serve to mislead, deceive, or work a fraud on the public;
(f)
a marketer
has charged a customer for products or services, without that customer’s
authorization;
(g) for a twelve month period, a marketer has
failed to provide gas service in one or more delivery groups for which it is
certified, provided that if a marketer fails to provide natural gas service in
a particular delivery group for which it is certified for a twelve month
period, that shall not constitute a basis to revoke the marketer’s certificate
if the marketer is providing service or has provided service within the last
twelve months in other delivery groups for which it is certified; and/or
(h) a marketer of natural gas has not passed
through to its retail customers any refunds the Commission ordered to be passed
through to retail customers, provided, however, a marketer will not be required
to pass through Commission ordered refunds to customers that are in arrears.
(2)
The
Commission, after a hearing is conducted after not less than thirty (30) days
notice, shall determine whether a violation has occurred that warrants the
revocation, suspension or modification of a certificate of authority. The burden of proof to show that any such
action should be taken shall be placed upon the Commission. All orders issued pursuant to O.C.G.A. §
46-4-153(d) or (e) shall contain the Commission's findings of fact and
conclusions of law upon which the Commission's action is based. Any such order shall be deemed a final order
subject to judicial review under Chapter 13 of O.C.G.A. Title 50, the "Georgia
Administrative Procedures Act."
(3)
In addition
to having its certificate of authority revoked, suspended, or modified, any
marketer that is found after notice and hearing to have willfully violated any
law administered by the Commission or any duly promulgated regulation issued
thereunder, or which fails, neglects, or refuses to comply with any such order
after notice thereof, shall be liable for a penalty not to exceed $15,000.00
for such violation and an additional penalty not to exceed $10,000.00 for each
day during which said violation occurred.
(4)
The
provisions of Article 3 of Chapter 2 of Title 46 of the Official Code of
Georgia Annotated, as amended, shall apply to an investigation or hearing
involving a marketer. The provisions of
Article 4 and 5 of Chapter 2 of Title 46 of the Official Code of Georgia
Annotated, as amended, shall also apply to a marketer.
(5)
The
provisions of Part 2 of Article 15 of Chapter 1 of Title 10 of the Official
Code of Georgia Annotated, as amended, shall apply to a marketer.
(6)
The
Commission, after notice and hearing as contemplated in the Georgia
Administrative Procedure Act, O.C.G.A. § 50-13-1, et seq., may
revoke, suspend or otherwise modify a certificate of authority based upon a
finding that the marketer's financial condition or gas supply no longer meets the
requirements for certification.
(7)
The
Commission may issue a certificate of authority to an applicant based upon
conditions that include, but are not limited to, an applicant agreeing to
provide the Commission annually with updated audited financial data within
ninety (90) days of the close of its fiscal year as well as information within
ten (10) business days of any event or occurrence that may materially affect
its financial or operational status.
The Commission and the Consumers' Utility Counsel of the Governor's
Office of Consumer Affairs shall also have access to the books and records of
all marketers as may be deemed necessary to ensure compliance with the Act and
the Commission's rules and regulations that are issued thereunder.
(8)
All
complaints to the Commission and violations relating to a marketer's conduct
under its certificate of authority shall be made part of the Commission's
records and shall be available for inspection by the public.
(9)
The
Commission, at its discretion, may reinstate any certificate of authority that
it previously revoked.
Authority
Ga. Law: O.C.G.A. §§ 46-4-153(d); 46-4-153(e); 46-4-160(a)(2); 46-4-160(a)(3);
46-4-160(d);
46-4-160(e); and 46-4-160(g).
515-7-3-.08 Required Disclosures
Whenever any certificated marketer, its agents, employees, or contractors make a retail natural gas offering to an individual customer, whether in response to an inquiry from that customer or as part of a marketer-initiated contact, the marketer shall be responsible for disclosing to the customer all charges that the customer will incur if the customer accepts the marketer’s service. If applicable to the marketer’s offer, the disclosure shall include the cost per therm for the commodity and upstream capacity charges, and shall also include the EDC’s base charge, the marketer customer service charge, and any other charges to be included in the offer. If the customer requests such information in writing, it shall be supplied in writing in a form that the customer can retain.
Authority Ga.
Law: O.C.G.A. §§ 46-4-153(a)(1); 46-4-153(a)(2); 46-4-153(c)(1); 46-4-153(e);
and 46-4-160(a)(1).
*****
WHEREFORE
IT IS;
ORDERED,
that the Commission
hereby adopts the foregoing amended rules concerning gas marketers'
certificates of authority.
ORDERED
FURTHER, that after 6
months the Commission will conduct a review to determine whether it is still
prudent to include Rule 515-7-3-.04(15) in the marketer certification rules.
ORDERED
FURTHER, that
jurisdiction over this matter is expressly retained for the purpose of entering
such further Order or Orders as this Commission may deem just and proper.
ORDERED
FURTHER, that a motion
for reconsideration, rehearing or oral argument or any other motion shall not
stay the effective date of this Order, unless otherwise ordered by the
Commission.
The above by action of the Commission in
Administrative Session on the 16th day of May, 2000.
HELEN
O’LEARY BOB
DURDEN
Executive
Secretary Chairman
DATE DATE