[31 Pa.B. 3943]
[Continued from previous Web Page] XIII. Section 62.113. Transfer or abandonment of license.
This section provides that a license shall not be transferred without prior Commission approval. No license shall be abandoned without 90 days written notice to the Commission, the licensee's customers and the affected distribution utilities and suppliers of last resort.
Petition and application
In this section, two steps are required for a license transfer. IRRC comments that the order of the steps is unclear. As written, the regulation implies that the Commission approves license transfers before receiving the financial and technical fitness application. IRRC recommends that the regulation be amended to clarify the chronology of document submittal and whether both the petition and an application are necessary.
Resolution
The Commission agrees with IRRC's comments as it does appear that a two-step process must be followed for a license transfer. For clarity, we will amend the proposed regulation to require that a license application be filed by the transferee at the same time as the petition for transfer is filed.
Abandonment of service
IRRC states that subsection (b) contains the phrase: ''A licensee may not abandon service. . . .'' IRRC questions whether ''abandon service'' means that an NGS surrenders its license or that the NGS fails to renew or cancels a customer contract. IRRC suggests that the Commission should clarify ''abandon service'' in the final-form regulation.
OCA comments that the Commission should make it clear that this provision applies if the NGS is abandoning service to any customer or customer class for any period of time whether or not the NGS is abandoning its license overall. OCA states that this revision is necessary to ensure that customers have adequate time to shop for another NGS. Without adequate notice, customers would be returned to suppliers of last resort even though they wished to continue with alternate suppliers. Additionally, if an alternate supplier is abandoning a large number of customers, the supplier of last resort may require 90 days notice in order to properly plan and procure supply. OCA also states that the regulation should be clarified by expanding the heading to include ''abandonment of service.''
GASMARK claims that the 90-day notice requirement exceeds the Commission's statutory authority and that the requirements of contractual termination between nonutility parties must be reserved to private negotiations and judicial enforcement. GASMARK also provides practical reasons that it opposes this section. First, the 90-day notice requirement is overly broad and may directly conflict with the terms of the contract. GASMARK also states that the economics of market service fluctuate constantly and customers and suppliers may agree on termination clauses requiring notification of 1 month or less. A 90-day notice removes flexibility for suppliers and creates a barrier to customer choice.
Hess proposes to revise subsection (b) to apply to instances where the licensee ceases business with respect to all of its customers in a particular utility jurisdiction, and to shorten the 90-day notice period to a 45-day notice period. It also proposes written notice be given to individuals as provided for in the service contract. Hess states that it is important that the Commission know what happens to large numbers of customers, but that shouldn't interfere with an individual company's business plans and legal obligations.
Resolution
We agree with IRRC and OCA comments that the term ''abandon service'' fails to convey the circumstances which the Commission wishes to address. The Commission is addressing a situation in which the NGS ceases business and abandons its license. The Commission is not addressing a circumstance under which the NGS is no longer offering service to potential customers or withdrawing from further offerings to customers in a certain customer class. Therefore we will amend the language in the proposed regulation.
The Commission believes that objections raised by GASMARK and Hess concerning the proposed 90-day notice period are premised upon the belief that the Commission is attempting to address the termination of a particular customer's contract with a licensed NGS. This proposed regulation does not address individual customer contracts. The purpose of this section was to address the notice to be provided when a licensee abandons its license and no longer serves all its existing customers. The Commission believes that a 90-day notice requirement for the abandonment of a license is not unreasonable. The Commission, the customers and the suppliers of last resort all require significant lead times in order to prepare for the potential transfer of services.
XIV. Section 62.114. License suspension; license revocation.
If the licensee fails to comply with the various Commission requirements, regulations and orders outlined in this section, a license may be suspended or revoked and fines may be imposed against the licensee. Section 62.114(a)(1) provides that the license of an NGS may be suspended or revoked for failure to pay an assessment.
In its comments, IRRC again questions the Commission's statutory authority to assess NGSs under section 510 of the Public Utility Code for the same reasons it previously cited. IRRC again recommends deleting subsection (a)(1) from the final-form regulation.
Also, NEM and POGAM also urge that this subsection be eliminated because the Commission is exceeding its statutory authority by assessing marketers who seek to maintain a license as a NGS.
Resolution
The Commission believes that it is appropriate to delineate several specific conditions that would result in the revocation of an NGS's license. However, consistent with our decision to delete § 62.110, we will likewise delete § 62.114(a)(1). We will renumber the subsections as required.
Accordingly, under 66 Pa.C.S. §§ 501, 2203(12) and 2208, the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201--1208) and regulations promulgated thereunder at 1 Pa. Code §§ 7.1--7.4, we amend the regulations in §§ 3.551 and 62.101--62.114 as previously noted and as set forth in Annex A; Therefore,
It Is Ordered that:
1. The regulations of the Commission, 52 Pa. Code Chapters 3 and 62, are amended by amending § 3.551, and by adding §§ 62.101--62.114 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
2. The Secretary shall submit this order and Annex A to the Office of Attorney General for approval as to form and legality.
3. The Secretary shall submit a copy of this order, together with Annex A, to the Governor's Budget Office for review of fiscal impact.
4. The Secretary shall submit this order and Annex A for formal review by the designated standing committees of both Houses of the General Assembly, and for formal review and approval by IRRC.
5. The Secretary shall certify this order and Annex A and deposit them with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
6. A copy of this order and Annex A be served on the OCA, the OSBA, all persons who submitted comments, all NGDCs and all licensed NGSs and be provided to all interested persons.
7. The regulations adopted with this order are effective upon publication in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
SecretaryFiscal Note: 57-127. Fiscal note 57-127 remains valid for the final adoption of the subject regulations.
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 31 Pa.B. 3370 (June 23, 2001).)
Annex A
TITLE 52. PUBLIC UTILITIES
PART I. PUBLIC UTILITY COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 3. SPECIAL PROVISIONS
Subchapter H. FORMS § 3.551. Official forms.
The following is a list of forms which may be obtained from the Office of the Secretary of the Commission.
* * * * * (16) Application for natural gas supplier license.
* * * * *
Subpart C. FIXED SERVICE UTILITIES
CHAPTER 62. NATURAL GAS SUPPLY CUSTOMER CHOICE
Subchapter D. LICENSING REQUIREMENTS FOR NATURAL GAS SUPPLIERS § 62.101. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The Natural Gas Choice and Competition Act (66 Pa.C.S. §§ 2201--2212).
Applicant--A person or entity seeking to obtain a license to supply retail natural gas supply services to retail customers.
City natural gas distribution operation--A collection of real and personal assets used for distributing natural gas to retail gas customers owned by a city or a municipal authority, nonprofit corporation or public corporation formed under section 2212(m) of the act (relating to city natural gas distribution operations).
License--A license granted to an NGS under this subchapter.
Licensee--A person or entity that has obtained a license to provide natural gas supply services to retail customers.
Marketing--The publication, dissemination or distribution of informational and advertising materials regarding the NGS's services and products to the public by personal contact, print, broadcast, electronic media, direct mail or by telecommunication.
Marketing services consultant--A commercial entity, such as a telemarketing firm or auction-type website, or energy consultant, that under contract to a licensee or a retail customer, may act as an agent to market natural gas supply services to retail gas customers for the licensee or may act as an agent to recommend the acceptance of offers to provide service to retail customers. A marketing services consultant:
(i) Does not collect natural gas supply costs directly from retail customers.
(ii) Is not responsible for the scheduling of natural gas supplies.
(iii) Is not responsible for the payment of the costs of the natural gas to suppliers, producers, or NGDCs.
NGDC--Natural gas distribution company--As defined in section 2202 of the act (relating to definitions).
NGS--Natural gas supplier--As defined in section 2202 of the act.
Natural gas supply services--As defined in section 2202 of the act.
Nontraditional marketer--A community-based organization, civic, fraternal or business association, or common interest group that works with a licensed supplier as an agent to market natural gas supply services to its members or constituents. A nontraditional marketer:
(i) Conducts its transactions through a licensed NGS.
(ii) Does not collect revenues directly from retail customers.
(iii) Does not require its members or constituents to obtain its natural gas service through the nontraditional marketer or a specific licensed NGS.
(iv) Is not responsible for the scheduling of natural gas supplies.
(v) Is not responsible for the payment of the costs of the natural gas to its suppliers or producers.
Offer to provide service--The extension of an offer to provide services or products communicated orally or in writing to a customer.
Retail gas customer--As defined in section 2202 of the act.
Supplier of last resort--A supplier approved by the Commission under section 2207(a) of the act (relating to obligation to serve) to provide natural gas supply services to customers who contracted for natural gas that was not delivered, or who did not select an alternative NGS, or who are not eligible to obtain competitive natural gas supply, or who return to the supplier of last resort after having obtained competitive natural gas supply.
§ 62.102. Scope of licensure.
(a) An NGS may not engage in marketing, or may not offer to provide, or provide natural gas supply services to retail customers until it is granted a license by the Commission.
(b) An NGDC acting within its certified service territory as a supplier of last resort is not required to obtain a license.
(c) The owners/operators of a building or facility that manages the internal distribution system supplying a building or facility and supply natural gas and other related services to occupants of the building or the facility where the owners/operators, and not the occupants, are the direct purchasers of the natural gas supply services are not required to obtain a license.
(d) A nontraditional marketer is not required to obtain a license. The licensed NGS shall be responsible for violations of 66 Pa.C.S. (relating to the Public Utility Code), and applicable regulations of this title, orders and directives committed by the nontraditional marketer and fraudulent, deceptive or other unlawful marketing or billing acts committed by the nontraditional marketer.
(e) A marketing services consultant is not required to obtain a license. The licensed NGS shall be responsible for violations of 66 Pa.C.S. and applicable regulations of this title, orders and directives committed by the marketing services consultant and fraudulent, deceptive or other unlawful marketing or billing acts committed by the marketing services consultant.
§ 62.103. Application process.
(a) An application for a license shall be made on the form provided by the Commission. A copy of the application can be obtained from the Commission's Secretary. The application form is also available on the Commission's Internet web site. An application shall be verified by an oath or affirmation as required in § 1.36 (relating to verification). See section 2208(b) of the act (relating to requirements for natural gas suppliers).
(b) An original and eight copies of the completed application and supporting attachments shall be filed. An electronic copy of the application shall also be filed. An application for a license shall be accompanied by the application fee as established in § 1.43 (relating to schedule of fees payable to the Commission).
(c) Subject to subsection (e), copies of the completed applications with supporting documentation shall be served on the following:
(1) The Office of Consumer Advocate.
(2) The Office of Small Business Advocate.
(3) The Office of Attorney General, Bureau of Consumer Protection.
(4) The Department of Revenue.
(5) Each NGDC in whose service territory the applicant intends to provide natural gas supply services.
(d) Incomplete applications and those without supporting attachments, if needed, will be rejected without prejudice. The license application, with supporting attachments, shall be completed in its entirety.
(e) When an answer on the application requires the disclosure of privileged or confidential information not otherwise available to the public, the applicant may designate at each point in the application where information is disclosed that is confidential and privileged. One copy of this confidential or privileged information conspicuously marked at the top as ''CONFIDENTIAL'' may be submitted to the Office of the Secretary with the application.
(1) An applicant must provide reasons for protecting this information.
(2) The request for confidentiality will be treated as a petition for protective order and will be ruled on by the Commission in conjunction with the license application.
(3) Pending disposition, the information will be used solely for the purpose of evaluating the license application, and the confidentiality of this information will be maintained consistent with the Commission's rules and regulations pertaining to confidentiality.
§ 62.104. Application form.
(a) The application form includes information that will be used in the evaluation of the financial fitness and technical fitness to render service. Information includes:
(1) Identification of the geographic area that the applicant proposes to serve.
(2) Identification of the type of service that the applicant proposes to furnish.
(3) Identification of the class of customers to which the applicant proposes to provide these services.
(4) Identification of the applicant's utility affiliates.
(5) Description of the applicant's business structure.
(6) Financial information sufficient to demonstrate financial fitness. This information may include credit ratings and history, audited financial statements, and insurance pertinent to the conduct of the applicant's business as an NGS.
(7) Evidence of competency and experience in providing the scope and nature of the applicant's proposed services. This evidence may include:
(i) Descriptions of the applicant's prior experience.
(ii) Proposed staffing and employee training commitments.
(iii) Business plans.
(iv) Agreements, arrangements and contracts for natural gas supply procurement, transmission and related services.
(8) Evidence demonstrating the applicant's ability to comply with applicable Commission requirements concerning customer billing, customer education, billing and terms of service, and customer information. This evidence may include:
(i) Prior regulatory experience of the applicant.
(ii) Prior business experience in energy or other service-oriented industries.
(iii) Staffing and staff training commitments.
(iv) Agreements, arrangements and contracts for customer education and information service.
(v) Customer satisfaction survey results.
(vi) Government agency reports.
(vii) Complaint statistics compiled by the Better Business Bureau or similar business organizations.
(9) Certification that notice of the application was published in accordance with § 54.35 (relating to publication of notice of filing) shall be filed with the Commission's Secretary. The certification shall be notarized and include a photostatic copy of the notices as published. An application will not be considered complete for Commission review without this certification.
(b) Additional information that shall be submitted in support of the application includes:
(1) The name, address, telephone number, electronic numbers and addresses used to transmit tax and related information of the persons responsible for preparing and filing the applicant's Pennsylvania tax returns.
(2) The trade names or fictitious names used by the applicant.
(3) The type of business association (for example, sole proprietor, partnership or corporation).
(4) The names of the owners, general partners or corporate officers.
(5) The number of the applicant's current and anticipated employees working in this Commonwealth.
(6) An identification of the applicant's assets in this Commonwealth.
(7) The principal office in this Commonwealth or of its registered agent.
(8) The applicant's Department of Revenue tax identification numbers including Sales Tax license number, employer identification number and corporate box number.
§ 62.105. Change in organizational structure or operational status.
(a) The applicant is under a duty to inform the Commission of a material change in the information provided in the application during the pendency of the application, or while the licensee is operating in this Commonwealth.
(b) A material change in the organizational structure or operation that affects an applicant's or a licensee's operation in this Commonwealth shall be reported to the Commission within 30 days of the date of the change. Specifically, notification shall be given to the Commission of a change in the following:
(1) Affiliation with an NGDC.
(2) Affiliation with an entity that has a franchised service area.
(3) Affiliation with another NGS.
(4) Affiliation with a licensed electric generation supplier.
(5) Office location.
(6) Chief executive officer or operating partners.
(7) Customer classes served expanded to include residential and small commercial customers.
(c) Unless directed otherwise by the Commission, the licensee does not need to file an amended application with the Commission.
§ 62.106. Open and nondiscriminatory access.
A municipal corporation shall, before it is permitted to provide natural gas supply services as a licensed NGS, demonstrate, and the Commission will determine, that by the date of the issuance of the license, it will provide other NGSs open and nondiscriminatory access to its gas distribution system under standards that are comparable to those found in the act, taking into consideration the particular circumstances of the municipal corporation's ownership or operation, or both, of its natural gas distribution system. See section 2208(g) of the act (relating to open and nondiscriminatory access).
§ 62.107. Publication of notice of filing.
(a) Notice of filing an application shall be published in newspapers of general circulation covering each county in which the applicant intends to provide service as required by § 5.14(a)(2) (relating to applications requiring notice). Applicants may contact the Commission's Press Secretary to confirm the identity of the newspapers of general circulation in which notice shall be published.
(b) The notice shall be written in plain language and include the name, address and telephone number of the applicant, a description of the proposed services to be provided and the geographic area to be served.
(1) The notice shall include the application docket number and a statement that protests related to the technical or financial fitness of the applicant shall be filed within 15 days of the publication date of the notice with the Commission's Secretary, Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265.
(2) The notice in an acceptable electronic format shall be submitted to the Commission's Secretary for posting on the Commission's Internet web site. Inquiries concerning the electronic format may be directed to the Commission's Forms Officer.
§ 62.108. Protests to applications.
(a) Consistent with § 5.14(b) (relating to applications requiring notice), a 15-day protest period commences on the date notice of the application filing is published in newspapers. An interested party may file a protest to an application in compliance with § 5.52(a) (relating to content of a protest to an application) and shall set out clearly and concisely the facts upon which challenge to the fitness of the applicant is based. An applicant may file an answer to the protest within 10 days of when the protest is filed. Protests which do not fully comply with § 5.52(a) (relating to content of a protest to an application) will be rejected.
(b) Protests may challenge only the applicant's financial and technical fitness to provide the service for which a license is requested. Consistent with the requirements of due process, sanctions, such as revocation or suspension of a supplier's license or the imposition of a fine, may be imposed on parties who intentionally misuse the protest process by repeated filing of competitive protests.
(c) A protest to the applicant's technical or financial fitness to provide service will be assigned to Commission staff for review. Staff will determine if the protest fully complies with § 5.52(a) and sets out clearly and concisely the facts upon which the challenge to the fitness of the applicant is based.
(1) Staff will determine if the protest is sufficiently documented.
(2) If a protest is not sufficiently documented, Commission staff will prepare a recommendation for Commission consideration dismissing the protest and granting the application.
(3) If a protest is sufficiently documented, the application will be transferred to the Office of Administrative Law Judge for hearings or mediation as deemed appropriate.
§ 62.109. Approval.
(a) A license will be issued, authorizing the whole or any part of service requested, if the Commission finds that:
(1) The applicant is fit, willing and able to properly perform the service proposed in conformance with applicable provisions of 66 Pa.C.S. (relating to the Public Utility Code) and the lawful Commission orders and regulations, specifically including Chapter 56 (relating to standards and billing practices for residential utility service).
(2) The proposed service is consistent with the public interest and the policy declared in the act (See section 2208(b) of the act (relating to requirements for natural gas suppliers)).
(b) Completed applications, with all supporting documentation, including any documentation or clarifying information requested by Commission staff, if unprotested, will be processed within 45 days after acceptance by the Commission. If the application is not processed within the time period, the application will be deemed approved. The review period may be extended for a reasonable period of time by Secretarial Letter.
§ 62.110. Reporting requirements.
(a) A licensee shall file an annual report on or before April 30 of each year, for the previous calendar year. The annual report shall contain the following information:
(1) The total amount of gross receipts from the sales of natural gas supply services for the preceding calendar year.
(2) The total amount of natural gas sold during the preceding calendar year.
(3) The names and addresses of nontraditional marketers and marketing services consultants who are currently or will be acting as agents for the licensee in the upcoming year.
(b) A licensee shall be required to meet periodic reporting requirements issued by the Commission to fulfill the Commission's duty under the act pertaining to reliability and to inform the Governor and General Assembly of the progress to a fully competitive natural gas market.
(c) The information requested in this section will be made available for public review upon request to the Commission subject to any rulings on confidentiality made by the Commission.
§ 62.111. Bonds or other security.
(a) A license will not be issued or remain in force until the licensee furnishes proof of a bond or other security. See section 2208(c)(1)(i) of the act (relating to requirements for natural gas suppliers).
(b) The purpose of the security requirement is to ensure the licensee's financial responsibility. See section 2208(c)(1)(i) of the act.
(c) The amount and the form of the security, if not mutually agreed upon by the NGDC and the licensee, shall be based on the criteria established in this section. The criteria shall be applied in a nondiscriminatory manner. The Commission will periodically review the established criteria upon petition by any party.
(1) The amount of the security should be reasonably related to the financial exposure imposed on the NGDC or supplier of last resort resulting from the default or bankruptcy of the licensee. At a minimum, the amount of security should materially reflect the difference between the cost of gas incurred and the supplier's charges, if any, incurred by the NGDC or supplier of last resort during one billing cycle.
(i) The amount of security established under this paragraph may be modified based on one or more of the following:
(A) The licensee's past operating history, including the length of time that the licensee operated on the NGDC's system, the number of customers served and past supply reliability problems.
(B) The licensee's credit reports.
(C) The number and class of customers being served.
(D) Information that materially affects a licensee's creditworthiness.
(E) The licensee's demonstrated capability to provide the volume of natural gas necessary for its customers' needs.
(ii) The amount of the security may be adjusted, but not more often than every 6 months. The adjustments shall be reasonable and based on one or more of the following criteria:
(A) Changes in a licensee's recent operating history on the NGDC's system.
(B) Changes in a licensee's credit reports.
(C) Changes in the number or class of customers being served by the licensee.
(D) Changes in circumstances that materially affect a licensee's creditworthiness.
(E) The licensee's demonstrated capability to provide the volume of natural gas necessary for its customers' needs.
(2) The following legal and financial instruments and property shall be acceptable as security:
(i) Bond.
(ii) Irrevocable letter of credit.
(iii) Corporate, parental or other third-party guaranty.
(3) In addition to the requirements in this section, small suppliers with annual operating revenues of less than $1 million may utilize real or personal property with the following supporting documentation acceptable as security:
(i) A verified statement from the licensee that it has clear title to the property and that the property has not been pledged as collateral, or otherwise encumbered in regard to any other legal or financial transaction.
(ii) A current appraisal report of the market value of the property.
(d) The licensee shall submit to the Commission documentation demonstrating that it has complied with the bonding or security requirement. One copy of each bond, letter of credit, or other financial or legal instrument or document evidencing an agreement between the licensee and the NGDC shall be submitted to the Commission.
(e) Licensee liability for violations of 66 Pa.C.S. (relating to the Public Utility Code) and Commission orders and regulations is not limited by these security requirements.
§ 62.112. Transfer or abandonment of license.
(a) A license may not be transferred without prior Commission approval. See section 2208(d) of the act (relating to requirements for natural gas suppliers). Approval for transfer shall be obtained by petition to the Commission. A license application shall be filed by the transferee at the same time that the petition for transfer is filed and demonstrate the transferee's financial and technical fitness to render service under the transferred license.
(b) A licensee may not abandon its license without providing 90 days prior written notice to the Commission, the licensee's customers, the affected distribution utilities and suppliers of last resort. The licensee shall provide written individual notice to its customers at approximately 90 days and 60 days preceding the effective date of the abandonment.
§ 62.113. License suspension; license revocation.
(a) A licensee shall comply with the applicable requirements of 66 Pa.C.S. (relating to the Public Utility Code) and Commission regulations and orders. Consistent with due process, a license may be suspended or revoked, and fines may be imposed against the licensee for:
(1) Failure to furnish and maintain a bond or other security.
(2) Failure to comply with the rules, regulations, orders or directives of the Department of Revenue.
(3) Failure to provide the address of its current principal office in this Commonwealth or of its registered agent.
(4) Failure to follow the principles in § 62.115 (relating to standards of conduct and disclosure for licensees).
(5) Violation of applicable provisions of 66 Pa.C.S., Commission regulations and lawful Commission orders. See section 2208(c)(2) of the act (relating to requirements for natural gas suppliers).
(6) Violation of Pennsylvania consumer protection law.
(b) The unauthorized transfer by an NGDC, or its affiliate, of a customer's NGS without the customer's express consent will result in a fine, or the suspension, or the revocation of the license of that NGDC's affiliated NGS. See section 2206(b) of the act (relating to consumer protection and customer service).
(c) The unauthorized transfer by a licensed NGS, or its affiliate, of a customer's NGS without the customer's express consent will result in a fine, or the suspension, or the revocation of the license of that NGS.
§ 62.114. Standards of conduct and disclosure for licensees.
To protect the consumers of this Commonwealth, licensees shall adhere to the following principles in the provision of natural gas service:
(1) A licensee shall provide accurate information about its natural gas services using plain language and common terms in communications with consumers. When new terms are used, the terms shall be defined again using plain language.
(2) A licensee shall provide notification of change in conditions of service, intent to cease operation as an NGS, explanation of denial of service, proper handling of deposits and proper handling of complaints in accordance with this title.
(3) A licensee shall maintain the confidentiality of a consumer's personal information including name, address and telephone number, and historic payment information, and provide the right of access by the consumer to the consumer's own load and billing information.
(4) A licensee may not discriminate in the provision of natural gas as to availability and terms of service based on race, color, religion, national origin, sex, marital status, age, receipt of public assistance income, and exercise of rights under the Consumer Credit Protection Act (15 U.S.C.A. §§ 1601--1693c). See 15 U.S.C.A. §§ 1691--1691f (relating to equal credit opportunity); and 12 CFR Part 202 (relating to equal credit opportunity)(Regulation B).
(e) A licensee is responsible for any fraudulent, deceptive or other unlawful marketing or billing acts performed by the licensee, its employees, agents or representatives. A licensee shall inform consumers of State consumer protection laws that govern the cancellation or rescission of natural gas supply contracts. See section 7 of the Unfair Trade Practices and Consumer Protection Law (73 P. S. § 201-7).
(f) A licensee shall comply with relevant Commission regulations, orders and directives that may be adopted.
______1 We note because the customer has selected the energy adviser, there is a personal relationship between the two so that little or no possibility of customer confusion would exist. For this reason and the fact that we have determined that they are not to be regulated as NGSs, the annual reporting requirement is not applicable to the energy consultant.
2 ''Residential service'' at § 56.2 is defined as utility service supplied to a dwelling, including service provided to a commercial establishment if concurrent service is provided to a residential dwelling attached thereto. Utility service provided to a hotel or motel is not considered ''residential service.''
[Pa.B. Doc. No. 01-1307. Filed for public inspection July 20, 2001, 9:00 a.m.]
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