(a)
No
retail electric provider, without first registering with the town
and paying the registration fee required by this article, may serve
residents of the town.
(b)
Registration
under this section shall be submitted on a form provided by the town.
The registration shall be accompanied by any additional documents
required therein or in rules issued by the town. These forms shall
include, but not be limited to, the following:
(1)
The name and legal status of the registrant, including any affiliates
who are required to register pursuant to this section;
(2)
The name, address and telephone number of an officer, agent or employee
who will serve as the contact point for the registrant;
(3)
The name(s), address(es), and telephone number(s) of the individual(s)
designated to receive, process, and resolve customer complaints.
(c)
Each
retail electric provider required to register under this section shall
pay to the town an initial registration fee as provided for in the
fee schedule found in the appendix of this code. The subsequent annual
registration fee shall be initially set as provided for in the fee
schedule, but may be changed from time to time based upon the town’s
assessment of the amount necessary to recover all of the town’s
costs incurred in processing the registration.
(d)
Each retail electric provider registered in the town shall pay an annual registration fee comprised of administrative costs as set forth in subsection (c) for maintenance of its registration.
(e)
Unless
otherwise specified, the annual registration fee shall be paid to
the town by January 31 of each year. For good cause, the town may
extend for not to exceed one month, the time for making payment. No
acceptance by the town of any payment hereunder shall be construed
as an accord that the amount paid is in fact the correct amount, nor
shall such acceptance of such payment be construed as a release of
any claim the town may have for additional sums payable.
(f)
The
payments hereunder are not a payment in lieu of any tax, fee or other
assessment except as specifically provided in this section, or as
required by applicable law. Notwithstanding the foregoing, in the
event a registrant that is obligated to pay a fee ceases to provide
service for any reason, such registrant shall make a final payment
of any amounts owed to the town within ninety (90) calendar days of
the date its operations in the town cease.
(Ordinance 2002-0206-01 adopted 2/6/02)
The REP serving as electric provider for the town’s municipal
electric needs is exempt from the filing requirement during the term
of service unless that REP serves end users within town limits other
than the town. The REP serving municipal accounts is exempt from the
registration fee.
(Ordinance 2002-0206-01 adopted 2/6/02)
The town may, in its discretion, monitor the registration and
certification status of an REP. Monitoring may include confirming
with the state public utility commission (PUC) every six (6) months
that certification is current; and referring all customer complaints
to both the REP and the PUC. All registered REPs must file a quarterly
report regarding each complaint from a resident of the town until
resolution is achieved. Such report shall include the name and address
of the complainant; the date the complaint originated; the nature
of the complaint; resolved matters; and unresolved matters.
(Ordinance 2002-0206-01 adopted 2/6/02)
(b)
Any
registrant who has not been granted an extension of time for remittance
of a fee due, and who fails to pay any delinquent remittance on or
before a period of 30 days following the date on which the remittance
first becomes delinquent shall pay a second delinquency penalty of
$15 plus the amount of the fee and the amount of the penalty first
imposed.
(c)
Any
REP that remains delinquent in the payment of annual registration
fees after March 31 shall be subject to having registration suspended.
(Ordinance 2002-0206-01 adopted 2/6/02)
(a)
The
town may suspend or revoke a retail electric provider’s registration
and operation in the town for significant violations of Chapter 39
of the state utilities code or the rules of the state public utility
commission adopted under that chapter, or for the retail electric
provider’s failure to comply with any provision of this article.
Significant violations include, but are not limited to, the following:
(1)
Providing false or misleading information to the state public utility
commission or the town;
(2)
Engaging in fraudulent, unfair, misleading, deceptive, or anticompetitive
business practices or unlawful discrimination;
(3)
Switching, or causing to be switched, the retail electric provider
for a customer without first obtaining the customer’s permission;
(4)
Billing an unauthorized charge, or causing an unauthorized charge
to be billed to a customer’s retail electric service bill;
(5)
Failure to maintain continuous and reliable electric service to its
customers pursuant to this section;
(6)
Failure to maintain the minimum level of financial resources as required
by the PUCT;
(7)
Bankruptcy, insolvency, or the inability to meet financial obligations
on a reasonable and timely basis;
(8)
Failure to timely remit payment for invoiced charges to a transmission
and distribution utility pursuant to the terms of the statewide standardized
tariff adopted by the PUCT;
(9)
Failure to observe any scheduling, operating, planning, reliability,
and settlement policies, rules, guidelines, and procedures established
by the independent system operator of the transmission grid;
(10)
A pattern of not responding to PUCT or town inquiries or customer
complaints in a timely fashion;
(11)
Suspension or revocation of a registration, certification, or license
by any state or federal authority;
(12)
Conviction of a felony by the registrant or principal employed by
the registrant, of any crime involving fraud, theft or deceit related
to the registrant’s service;
(13)
Not providing retail electric service to customers within 24 months
of the certificate being granted by the PUCT;
(14)
Failure to serve as a provider of last resort if required to do so
by the PUCT pursuant to PURA section 39.106(f); and
(15)
Failure, or a pattern of failures to meet the conditions of this
article or PUCT rules or orders.
(b)
Upon
information and belief, the town or a designated representative thereof
may give notice to a registrant that, based upon alleged or perceived
violations of this article, registration is to be revoked in not less
than 30 days from the date the notice is deposited in the U.S. mail.
The registrant will have not less than 10 days from the date the notice
is mailed to respond to the notice and show why revocation should
not occur. The notice letter shall specifically identify the alleged
or perceived violations and indicate the scheduled date for revocation.
Failure to receive the notice required hereunder shall not invalidate
or affect any proceeding hereunder.
(c)
Not
less than 7 days prior to the date scheduled for revocation, the town
will issue a written ruling that revokes the registration, dismisses
the action or extends the process of review of registration according
to an identified schedule.
(Ordinance 2002-0206-01 adopted 2/6/02)
Any person, firm or corporation violating any of the provisions or terms of this article shall be deemed guilty of a misdemeanor and subject to a penalty as provided for in this article, and upon conviction shall be punished by a fine in accordance with the general penalty provision found in section 1.01.009 of this code for each offense, and each and every day such violation shall continue shall constitute a separate offense.
(Ordinance 2002-0206-01 adopted 2/6/02)
