Administrative Code

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Virginia Administrative Code
Title 20. Public Utilities And Telecommunications
Agency 5. State Corporation Commission
Chapter 312. Rules Governing Retail Access to Competitive Energy Services

20VAC5-312-50. Competitive service provider registration with the local distribution company.

A. A competitive service provider shall submit to the local distribution company the full name of the competitive service provider, the type of entity (e.g., partnership, corporation, etc.), physical street and mailing addresses.

B. A competitive service provider shall furnish the local distribution company and the transmission provider proof of licensure from the State Corporation Commission to provide competitive energy services in the Commonwealth. A competitive service provider shall provide notice of any suspension or revocation of its license to the local distribution company and the transmission provider upon issuance of the suspension or revocation by the State Corporation Commission.

C. A competitive service provider and the local distribution company shall exchange the names, telephone numbers, and e-mail addresses of appropriate internal points of contact to address operational, business coordination and customer account issues, and the names and addresses of their registered agents in Virginia.

D. The local distribution company may require reasonable financial security from the competitive service provider to safeguard the local distribution company and its customers from the reasonably expected net financial impact due to the nonperformance of the competitive service provider. The amount of such financial security shall be commensurate with the level of risk assumed by the local distribution company, as determined by the local distribution company's applicable tariff approved by the State Corporation Commission. Such financial security may include a letter of credit, a deposit in an escrow account, a prepayment arrangement, a surety bond, or other arrangements that may be mutually agreed upon by the local distribution company and the competitive service provider. Disagreements with respect to financial security shall be subject to the dispute resolution procedures established pursuant to 20VAC5-312-110 G.

E. Prior to imposing a non-emergency related restriction or disqualification on a competitive service provider, as provided by its tariff approved by the State Corporation Commission, the local distribution company shall notify the competitive service provider of the impending restriction or disqualification and its effective date, the alleged action or inaction that merits such restriction or disqualification, and the actions, if any, that the competitive service provider may take to avoid the restriction or disqualification. Such notice shall be in writing and sent to the competitive service provider via fax or overnight delivery. A copy of the notice shall be forwarded contemporaneously to the State Corporation Commission's Division of Energy Regulation via fax or overnight delivery.

Statutory Authority

§ 12.1-13 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 17, Issue 22, eff. August 1, 2001; amended, Virginia Register Volume 29, Issue 23, eff. July 1, 2013.

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