NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Implementation of Act 129 of 2008; Phase 2—Registry of Conservation Service Providers
[43 Pa.B. 4296]
[Saturday, July 27, 2013]Public Meeting held
July 16, 2013Commissioners Present: Robert F. Powelson, Chairperson; John F. Coleman, Vice Chairperson; Wayne E. Gardner; James H. Cawley; Pamela A. Witmer
Implementation of Act 129 of 2008; Phase 2—
Registry of Conservation Service Providers;
Doc. No. M-2008-2074154
Order By the Commission:
By Tentative Order entered January 10, 2013, the Pennsylvania Public Utility Commission (Commission) solicited comments on proposed revisions to the conservation service provider (CSP) registration process and applications. In addition, the Commission proposed requiring CSP registration for entities that enter into contractual arrangements with CSPs that are under contract with an electric distribution company (EDC) for the purpose of implementing programs relating to an EDC's Energy Efficiency and Conservation Plan. In an Order entered on May 23, 2013, the Commission adopted the CSP registry change and renewal forms and sought additional comments on the proposal to require registration of all CSP subcontractors. With this Order, the Commission adopts the use of the CSP registry application form as modified by this Order (see Annex). In addition, the Commission directs all CSPs that are contracted by another CSP to perform services under the contractual obligation of an EDC to also register as a CSP if the value of its contract equals or exceeds 10% of the total value of the primary CSP contract with the EDC.
Background
On February 5, 2009, the Commission adopted a Final Order that established the CSP registry and the minimum experience and qualification requirements for registered CSPs in accordance with Act 129 of 2008, 66 Pa.C.S. § 2806.2 [the Act or Act 129].1 This 2009 CSP Registry Order also established the application for registration and the registration fee. In a Tentative Order entered on January 10, 2013, the Commission proposed changes to the CSP application process and package and sought comments and reply comments on these proposed changes. The proposed modifications did not alter the minimum requirements for CSP registration established by the 2009 CSP Registry Order. The Energy Association of Pennsylvania (EAP) filed comments on February 25, 2013, (EAP February Comments) on behalf of its EDC members subject to the provisions of Act 129.2 No reply comments were filed.
On May 23, 2013, the Commission entered an Order adopting the application, renewal and information update processes as modified by that Order.3 In addition, the Commission adopted the applications for Renewal of CSP Registration (No Changes), Renewal of CSP Registration (Changes) and Update CSP Registration. Additionally, the Commission directed parties to file comments regarding the language provided by EAP and, in particular, justification for any particular subcontractors to register as a CSP. Again, EAP was the only party to file comments on June 24, 2013 (EAP June Comments).
Discussion
A. Registration Process
As noted in the May 23, 2013 CSP Order, the Commission will continue to require that an initial application for entry into the Commission's CSP registry be made on a form adopted by the Commission. A copy of the application may be obtained from the Commission's Secretary and will be made available on the Commission's website. An application for entry into the CSP registry shall be verified by an oath or affirmation as required in 52 Pa. Code § 1.36 (relating to verification). The completed application and supporting attachments shall be filed with the Secretary's Bureau. The non-refundable new application fee shall be maintained at $125 and be submitted in a form as prescribed in 52 Pa. Code § 1.42.
As established in the 2009 CSP Registry Order, the Commission will continue to require all registered CSPs to re-qualify every two years in order to maintain a current registry. The non-refundable application renewal fee shall be maintained at $25 and be submitted in a form as prescribed in 52 Pa. Code § 1.42. The Commission also expects registered CSPs to notify the Commission, in writing, of any changes to the information provided in its initial or renewal applications. To expedite the process for the filing of updated information and renewal applications, the Commission, in the May 23, 2013 Order, adopted three Applications for Renewal or Update of Conservation Service Provider Registration and set forth when each renewal and update applications are to be used, as well as the process for maintaining registration.4
The Commission again stresses that all registered CSPs must notify the Commission when there are changes to the information provided in their applications when they occur, not just at the time of renewal. By adopting the Application to Update CSP Registration the Commission facilitated this requirement in a manner that reduces the administrative burdens on registered CSPs.
B. Application Package
As stated in the May 23, 2013 CSP Order, we proposed the use of the modified application form.5 This revised CSP application was shortened from 11 pages to 7 pages. All of the items appearing on the original application also appear on the revised application, with the exception of those changes detailed and discussed in sections C and D of the Tentative Order. In addition, the items in the original application were reorganized to group similar requirements into four primary sections: 1—Identity of Applicant; 2—Registered Agent; 3—Applicant's Operations; and 4—Compliance.
As also stated in the May 23, 2013 CSP Order, Section 1 in the revised application—Identity of Applicant, combines information formerly addressed in the original application, sections 1—Identity of the Applicant; 2—Contact Person; 4—Fictitious Name; and 6—Affiliates and Predecessors within Pennsylvania. The identification of contract and business partnerships were newly proposed items contained in the revised application that are specifically addressed in section C below.
In addition, as stated in the May 23, 2013 CSP Order, Section 2 of the revised application—Registered Agent is a combination of all information relating to the applicant's required filing with the Pennsylvania Department of State (Department) and use of a registered agent, if applicable, that were addressed previously in Section 3 (relating to registered agent) and Section 5 (relating to business entity and Department filings) in the original application. We also noted that occasionally, applicants would file for CSP registration without having appropriately registered with the Department, causing confusion and unnecessary delays in processing the application.
We further stated that Section 3 of the revised application—Applicant's Operations, is a combination of sections 7, 8, 14 and 15 in the original application, relating to applicant's present and proposed operations, as well as the applicant's technical fitness and financial responsibility. These items were consolidated to avoid duplication of information. The proposed change should simplify the application review process by providing categories for applicants to identify themselves, their proposed services and the EDC business partners of interest.
The Commission also proposed to eliminate use of the Tax Certification Statement, referenced in Section 9 of the original application, and add a requirement for proof of current liability insurance coverage. Section 4 of the revised application—Compliance, consolidates all items contained in sections 10, 11, 12 and 13 of the original application. This consolidation helps applicants understand important compliance issues for CSP registration, such as: criminal convictions, tax delinquency, bankruptcy or liquidation proceedings, and customer complaints. The remaining Sections 5 through 8 that appear on the revised application are consolidated from various sections on the original application.
The Commission received no comments regarding these modifications to the CSP application package and the use of the modified application form contained in Annex A of the Tentative Order. As such, the Commission will adopt the revised application package as modified by this order below.
C. Conservation Service Provider Identity Information
As we noted in the May 23, 2013 CSP Order, the Act defines a CSP as ''an entity that provides information and technical assistance on measures to enable a person to increase energy efficiency or reduce energy consumption and that has no direct or indirect ownership, partnership or other affiliated interest with an electric distribution company.'' 66 Pa.C.S. § 2806.1(m). As the Commission and EDCs must be able to identify the type of entity a CSP is and confirm that it is not owned, partnered or affiliated with an EDC, the Commission proposed to require all CSP registry applicants to provide the following information relating to their identity:6
1. Legal name of the Applicant and proof of compliance with appropriate Department filing requirements.7
2. Trade or Commercial or Fictitious names used by Applicant.
3. Contact information for principal place of business and for Applicant, if different from its principal place of business.
4. Names and contact information for any predecessor, parent and subsidiary companies and affiliates and disclosure if any are currently doing business in Pennsylvania as a CSP or EDC.
5. Disclosure of any contracts or business partnerships that the Applicant has with a CSP or EDC.
6. Names of principal officers, an organizational chart, and contact information for each office.
7. Brief biographies or resumes for all principal officers and management directly responsible for Applicant's operations.
8. Department registered agent contact information, if applicable.
9. Signature of principal official filing application on behalf of Applicant and printed name and title of that official.
10. Affidavit of principal official attesting to the accuracy of information provided.
11. Registration fee in a form prescribed in 52 Pa. Code § 1.42.
In the Tentative Order we proposed adding a requirement for the disclosure of any business partnership or contract that the Applicant has with a CSP or an EDC in order to ascertain whether subcontractor arrangements were entered into by CSPs that are owned by, partners of, or affiliates of an EDC. As stated in the 2009 CSP Registry Order, the Commission believes that the Act is clear and free from all ambiguity with respect to the requirement that a CSP can have no direct or indirect ownership, partnership or other affiliated interest with an electric distribution company.8 To ensure that this provision of the Act is complied with, we proposed requiring disclosure of contracts, subcontracts and partnerships that the CSP applicant currently has with any EDC or registered CSP. We further proposed that registered CSPs update this information on a continuing basis. Additionally, we also proposed requiring that any CSP subcontractor that is directly performing services under the contractual obligations of an EDC contracted CSP to also be registered as a CSP.
With regard to the proposed requirement for Department registered agent information, the Commission emphasized that there exists varied statutory obligations for entities conducting business in the Commonwealth. We noted that to facilitate timely review of CSP applications, it is imperative that an applicant that does not maintain a principal office in the Commonwealth to have appropriately registered with the Department. Failure to do so significantly delays the CSP application process. Therefore, the Commission proposed in the Tentative Order to include a notice in the application for applicants with no principal office in the Commonwealth to register with the Department and to provide contact information for a Department-approved registered agent when filing their CSP application.
Finally, we proposed to require a signature of a principal official. This was proposed to ensure that the Commission has contact information for a principal officer of all registered CSPs. We believe that provision for the identity and signature of the Applicant's principal officer will reduce the time and resources allocated to the CSP renewal application process.
In its February comments, the EAP stated that the additional requirement relating to registration of a CSP subcontractor is unnecessary and asserted that by requiring the CSP to provide information on the subcontractor's affiliation with an EDC would be adequate. EAP recommended that the requirement be revised to read as follows:
Any CSP sub-contractor with an annual contract cost of $300,000 or greater that is directly performing services pursuant to a contract with a CSP which has contracted with an EDC after Commission approval should also register as a CSP. This does not include third party contractors which participate in or support an EEC program but are not directly contracted with a CSP which has a direct contractual relationship with the EDC subject to Act 129.9Beyond this specific requirement, EAP did not object to the format or content of the modified application package as presented in Annex A of the Tentative Order or any of the other proposed requirements in this regard.
As noted above, with the May 23, 2013 CSP Order, we adopted all proposed requirements relating to the application package with one exception. In considering EAP's comments relating to the need to require CSP subcontractors to register with the Commission, we agreed with EAP, in part, that additional clarifying language in the modified application package is needed to address our concerns. We, however, were unable to determine, based on the comments provided, whether the $300,000 annual contract amount suggested by EAP is appropriate and reasonable. We found that EAP had failed to demonstrate how this threshold amount would alleviate the Commission's concern that major portions of an EDC's EE&C plan are not being designed, administered, managed or implemented by an unregistered CSP. For these reasons, we sought additional comments on the language provided by EAP and, in particular, justification for any particular subcontractor annual contract cost threshold, or other minimum indicator for requiring subcontractors to register as a CSP.
Comments and Resolution
In its June 24, 2013, EAP acknowledges the Commission's concerns regarding the EAP's February proposal to set a $300,000 annual threshold amount and the fact that it may allow a significant portion of an EDC EE&C Plan to be designed, administered, managed or implemented by an unregistered CSP. EAP states that its language was offered to avoid unnecessary filings. To address this concern, the EAP, in its June comments, proposes a 10% annual contract cost threshold in place of the $300,000 threshold.10
We agree with EAP and adopt the use of the 10% annual contract cost threshold to require CSP subcontractors to also register as CSPs. Specifically, we shall require registration of CSP subcontractors with an annual contract cost that equals or exceeds 10% of the CSP total annual contract cost to perform services pursuant to an EDC EE&C Plan. As such, we have modified the instructions regarding completion of applications for CSP registration to include the following language that addresses this requirement:
Any CSP subcontractor with an annual contract cost that equals or exceeds 10% of the CSP annual contract cost and is directly performing services pursuant to a contract with a CSP which has contracted with an EDC after Commission approval should also register as a CSP. This does not include third party contractors which participate in or support an EEC program but are not directly contracted with a CSP which has a direct contractual relationship with the EDC subject to Act 129.With this modification, the Commission will adopt the use of the revised CSP Registration Application, which is attached to this Order as an Annex. Therefore,
It Is Ordered That:
1. The Commission hereby adopts the Conservation Service Provider Application for Registration, as modified by this Order as found in the Annex to this Order.
2. This Order and Annex be published in the Pennsylvania Bulletin and served on the Office of Consumer Advocate, the Office of Small Business Advocate, the Commission's Bureau of Investigation and Enforcement, the Energy Association of Pennsylvania and all jurisdictional electric distribution companies.
3. All Conservation Service Provider subcontractors with an annual contract cost that equals or exceeds ten percent of the Conservation Service Provider's total annual contract cost to perform services pursuant to an electric distribution company energy efficiency and conservation plan must also be registered as Conservation Service Providers consistent with this Order.
4. The Commission's Bureau of Technical Utility Services shall maintain and administer the CSP registry, as outlined in this Order.
5. This Docket be closed.
ROSEMARY CHIAVETTA,
Secretary
Annex
Instructions for Conservation Service Provider (CSP) Application for Registration in the Commonwealth of Pennsylvania
Do not include these instructions with the filing of the Application The attached application form is for those entities that desire listing on the Public Utility Commission's registry of qualified conservation service providers (''CSP''), as defined by Act 129 of 2008. An entity that is directly or indirectly owned, partnered or in any way affiliated with an electric distribution company (''EDC'') is not eligible for the registry.
Only registered CSPs may advise an EDC and/or provide consultation, design, or administration or management services to an EDC related to the implementation of the EDC's Energy Efficiency and Conservation Plan. Any CSP subcontractor with an annual contract cost that equals or exceeds 10% of the CSP annual contract cost and is directly performing services pursuant to a contract with a CSP which has contracted with an EDC after Commission approval should also register as a CSP. This does not include third party contractors which participate in or support an EEC program but are not directly contracted with a CSP which has a direct contractual relationship with the EDC subject to Act 129.
To qualify an applicant must have at least two years of experience in providing program consultation, design, administration, management or advisory services related to energy efficiency and conservation services. CSP registration is not required of entities that limit their services to the installation of energy efficiency measures or the provision of equipment or materials to EDC customers or the public in general.
You may use the attached form to make your application. If you need more space than is provided on this form or if you are attaching exhibits, attach additional pages and exhibits immediately following the page containing the item(s) being addressed. Certified copies of documents from Commonwealth agencies or departments are not required.
Complete and sign the application and attest to the truth and accuracy of your responses to all application questions by signing and notarizing the enclosed Affidavit. File the application and Affidavit with the Secretary's Bureau as instructed in the application.
Failure to adequately respond to each question on the application may result in denial of your application for registration. Questions pertaining to completion of this application may be directed to Annunciata Marino, Utility Energy and Technology Analyst, Bureau of Technical Utility Services at (717) 772-2151.
If your response to any of the items on this application changes during the pendency of your application or if the information relative to any item herein changes while you are operating as an approved CSP within the Commonwealth of Pennsylvania, you are under a duty to so inform the Commission as to the specifics of any changes by completing a Petition for Update of Conservation Ser- vice Provider Application. A template for this Petition is provided on the Commission's website at: http://www.puc.state.pa.us/utility_industry/electricity/conservation_service_providers_registry.aspx.
On Matters Concerning Confidentiality: If any of your answers require you to disclose what you believe to be privileged or confidential information not otherwise available to the public, you should designate at each point in the Application that the answer requires you to disclose privileged and confidential information. You should then submit the information on documents stamped ''CONFIDENTIAL'' at the top in clear and conspicuous letters and submit one copy of the information under seal to the Secretary's Office along with the Application. Applicant must fully support its request to maintain confidentiality for the information which it believes to be confidential or proprietary. Such request shall be deemed to be a Petition for Protective Order and will be ruled upon by the Commission in conjunction with the license application. 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.
Conservation Service Provider (''CSP'') Application for Registration in the Commonwealth of Pennsylvania Conservation Service Providers (''CSPs'') have a specific role under Act 129, which requires a covered Electric Distribution Company's Energy Efficiency and Conservation (EE&C) plan to include one or more CSPs to ''provide information and technical assistance on measures [italics emphasized] that enable a person to increase energy efficiency or reduce energy consumption.'' 66 Pa.C.S. §§ 2806.1(b)(1)(i)(e) & 2806.1(m). As such, registration of business entities as approved CSPs is required before entering into a contract agreement with an EDC exclusively for the provision of consultation, design, administration, management or advisory services regarding that EDC's EE&C plan. This registry is not intended as a resource of business, whose sole purpose is the installation of measures, supplying equipment or other contracting work for use by the general public and EDC customers. If providing such services, registration as a CSP is not required for entering into an agreement with an EDC.
1. Identity of the Applicant
a. Legal Name of Applicant:
Attach proof of compliance with appropriate Pennsylvania Department of State filing requirements.11
b. Trade or Commercial or Fictitious Names Used by Applicant (d/b/a)—List all that apply.
□ The Applicant will be using a fictitious name or doing business as (''d/b/a''). Identify names below. If more space is needed, list names on the back of this page or append list to completed application.
□ The Applicant will not be using a fictitious name.
c. Applicant Address:
d. Applicant Telephone No:
e. Applicant FAX No:
f. Applicant Email Address:
g. Contact Information for Applicant, if different from that listed above. PLEASE NOTE: Upon approval of this application, this Contact Information will be listed on the Commission's CSP Registry. If this information is the same as above, please note below.
▪ Name
▪ Mailing Address
▪ Telephone and FAX Nos.
▪ Email Address
h. Predecessor(s) & Other Names used by Applicant for past five (5) years of date of this application. Provide Name(s), Address(es) and Telephone No.(s).
□ Check Box if any Predecessor(s) is currently or was previously registered in Pennsylvania as a CSP. If affirmative, please provide Docket No(s). (A-[Year]-[Seven (7) Digits]) and names for all registered CSPs.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
i. Parent & Subsidiary Companies & Affiliates:
□ Parent Name and Contact Information. Check Box if any affiliate is currently doing business in Pennsylvania as a CSP or Electric Distribution Company (EDC).
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
□ Subsidiaries and Contact Information. Check Box if any affiliate is currently doing business in Pennsylvania as a CSP or Electric Distribution Company (EDC).
_____________________________________________________________________
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_____________________________________________________________________
□ Affiliate(s) and Contact Information. Check Box if any affiliate is currently doing business in Pennsylvania as a CSP or Electric Distribution Company (EDC).
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
j. Contracts & Business Partnerships:
□ Check Box if within the past five (5) years, Applicant has operated under contract or has sub-contracted with or has partnered with a CSP or EDC. Provide company name and contact information and briefly describe the nature of business services associated with each contract and/or partnership. If ''None,'' do not check the box and answer ''None'' below.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
k. Identify principal officers (owners, executives, partners and/or directors), as appropriate for Applicant's organizational structure. Provide an organizational chart and the names, titles, business addresses and telephone numbers for each office.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
l. Attach to this Application a brief biography or single page professional resume for all principal officers and management directly responsible for Applicant's operations.
2. Registered Agent
a. If the Applicant does not maintain a principal office in the Commonwealth, the Applicant is required by the Pennsylvania Department of State to designate an approved Registered Agent as its representative in the Commonwealth. Check one of the Boxes below, as applicable:
□ YES, the Applicant has registered its business with the Pennsylvania Department of State. Following is the Name and Contact information for the Applicant's Department-Approved Registered Agent.
▪ Registered Agent's Name
▪ Registered Agent's Mailing Address
▪ Registered Agent's Telephone and FAX Nos.
▪ Registered Agent's Email Address
□
NO, the Applicant has not registered its business with the Pennsylvania Department of State. STOP—To avoid denial of your application and forfeiture of your application fee, you should contact the Pennsylvania Department of State Bureau of Corporations to register as a business entity within the Commonwealth PRIOR TO completion and filing of this application with the Pennsylvania Public Utility Commission.b. Applicant has registered its business with the Pennsylvania Department of State. Please check appropriate registration type for Applicant as designated with the Department.
□ Sole proprietor (15 Pa.C.S. § 4124)
□ Domestic corporation (none)
□ Domestic general partnership (15 Pa.C.S. § 4124)
□ Domestic limited liability company (15 Pa.C.S. § 8913)
□ Domestic limited liability partnership (15 Pa.C.S. § 8201)
□ Foreign corporation (15 Pa.C.S. § 4124)
□ Foreign general or limited partnership (15 Pa.C.S. § 4124)
□ Foreign limited liability company (15 Pa.C.S. § 8981)
□ Foreign limited liability general partnership (15 Pa.C.S. § 8211)
□ Foreign limited liability limited partnership (15 Pa.C.S. § 8211)
□ If Applicant is not domiciled in the Commonwealth of Pennsylvania and is registered as a ''foreign'' entity, please identify all other states where applicant is registered by the appropriate state department:
3. Applicant's Operations
Respond to each of the following four questions relating to Applicant's operations and its technical and financial fitness. Respond to each item and attach any additional information and/or statements to this Application as appropriate.
a. Describe nature of business:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
□ Applicant is presently doing business in Pennsylvania
□ Applicant is presently not doing business in Pennsylvania
b. The Applicant proposes to provide the following information and technical services to an EDC. Check all services that apply and identify all EDCs with whom Applicant intends to conduct business.
□ Consultation EDCs:
□ Design _________________
□ Administration _________________
□ Management _________________
□ Advisory _________________
c. Attach to this Application a copy of any certification(s) or similar documentation that would demonstrate the technical fitness of Applicant, such as membership in trade associations, professional licenses, technical certifications, and/or names of current or past clients with a description of dates and types of services provided by Applicant.
d. Attach to this Application proof of current liability insurance coverage.
4. Compliance
Respond to each of the following Questions. Provide a statement as to the resolution or present status of any such proceedings, if applicable.
a. In the past three years has the Applicant, the parent company, an affiliate or predecessor or partner (con- tractor/subcontractor business relationship) of the Applicant, or any person identified by the Applicant in this Application, been investigated or convicted of a crime involving fraud, theft, larceny, deceit, violation of consumer protection law, violation of deceptive trade law or similar activity, whether before an administrative body or in a judicial forum, in which the Applicant, an affiliate, a predecessor of either, or a person identified herein has been a defendant or a respondent?
□ No
□ Yes. Provide explanation.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
b. Is the Applicant, the parent company, an affiliate, or a predecessor of either, currently delinquent with any state or federal taxing authority?
□ No
□ Yes. Provide explanation.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
c. Identify all bankruptcy or liquidation proceedings for the prior three years. If none, provide a statement to this effect.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
d. Identify all customer complaints filed with a regulatory or prosecutor agency for the prior three years of the date of this application. In none, provide a statement to this effect.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
5. Falsification
The Applicant understands that the making of false statement(s) herein may be grounds for denying the Application, or if later discovered, for revoking any authority granted pursuant to the Application. This Application is subject to 18 Pa.C.S. §§ 4903 and 4904, relating to perjury and falsification in official matters.
6. Fees
The Applicant must submit a check payable to the Commonwealth of Pennsylvania with this Application. The fee for this Initial Application is $125. Check should be made payable to the Commonwealth of Pennsylvania.
7. Affidavit
Applicant must complete and submit with this Application and any subsequent documentation submitted to the Commission, such as emails, letters, and written responses to Commission data requests, the attached Affidavit, which must be signed by the Affiant and signed and dated by the official administering the oath, that to the best of the Applicant's knowledge, information and belief that the facts set forth in this Application and all subsequent submissions are true and correct.
8. Filing & Signing of Application
File a signed and verified original and one copy of the completed application along with any attachments in person or by first class mail, with your check (if applicable) to the following address:
Filing in person: Secretary
Pennsylvania Public Utility Commission
Commonwealth Keystone Building
400 North Street
Harrisburg, PA 17120Filing by first-class Mail: Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Signature of Principal Official: _________________________
Official's Name & Title: ______________________________
Date: ____________________________________________
AFFIDAVIT [Commonwealth/State] of _______________ :
: ss.
County of _______________:
_______________ , Affiant, being duly [sworn/affirmed] according to law, deposes and says that:
[He/she is the __________ (Office of Affiant) of __________ (Name of Applicant);]
[That he/she is authorized to and does make this affidavit for said Applicant;]
That the Applicant herein __________ has the burden of producing information and supporting documentation demonstrating its technical and financial fitness to be registered as a conservation service provider pursuant to Act 129 of 2008.
That the Applicant herein __________ acknowledges that it has answered the questions on the application correctly, truthfully and completely and has provided supporting documentation as required.
That the Applicant herein __________ acknowledges that it is under a duty to update information provided in answer to questions on this application and contained in supporting documents.
That the Applicant herein __________ acknowledges that it is under a duty to supplement information provided in answer to questions on this application and contained in supporting documents as requested by the Commission.
That the facts above set forth are true and correct to the best of his/her knowledge, information, and belief, and that he/she expects said Applicant to be able to prove the same at hearing.
______________________________
Signature of AffiantSworn and subscribed before me this _____ day of ______ , 20 ______ .
______________________________
Signature of official administering oathMy commission expires:_________________ .
[Pa.B. Doc. No. 13-1420. Filed for public inspection July 26, 2013, 9:00 a.m.] _______
1 See Implementation of Act 129 of 2008 Phase 2—Registry of Conservation Service Providers, Final Order (2009 CSP Registry Order) at Docket No. M-2008-2074154, entered February 5, 2009.
2 EAP members subject to Act 129 include Duquesne Light Company, Metropolitan Edison Company, PECO Energy Company, Pennsylvania Electric Company, Pennsylvania Power Company, PPL Electric Utilities Corporation and West Penn Power Company. EAP February Comments at 2.
3 See Implementation of Act 129 of 2008 Phase 2—Registry of Conservation Service Providers, Order (May 23, 2013 CSP Order) at Docket No. M-2008-2074154, entered on May 23, 2013, at 2-6.
4 See, May 23, 2013 CSP Order, at 2-6.
5 See, May 23, 2013 CSP Order, at 6-8.
6 These items were presented differently in the proposed application to provide clarity. In addition, items 5, 8 and 9 were new requests also being proposed to provide clarity.
7 A copy of any document from the Department of State documenting the Applicant's Department of State entity number is adequate. Certified copies of Pennsylvania Department of State documents are not required as the applicant will be verifying all information provided pursuant to 52 Pa. Code § 1.36.
8 See 2009 CSP Registry Order at 8.
9 EAP February Comments at 2.
10 EAP June Comments at 3.
11 A copy of any document from the Pennsylvania Department of State (Pa. Dept. of State) documenting the Applicant's Pa. Dept. of State entity number is adequate. However, the document must indicate that the Applicant's Pa. Dept. of State registration is ''active.'' Certified copies of Pa. Dept. of State documents are not required.
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