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notice is published, the
Commission shall issue its order |
granting or denying the
application.
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(c) An application for a certificate of service
authority |
shall identify the area or areas in which the
applicant intends |
to offer service and the types of services
it intends to offer. |
Applicants that seek to serve
residential or small commercial |
retail customers within a
geographic area that is smaller than |
an electric utility's
service area shall submit evidence |
demonstrating that the
designation of this smaller area does |
not violate Section 16-115A. An applicant
that seeks to serve |
residential or small
commercial retail customers may state in |
its application for
certification any limitations that will be |
imposed on the
number of customers or maximum load to be |
served.
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(d) The Commission shall grant the application for a
|
certificate of service authority if it makes the findings set
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forth in this subsection
based on the verified
application and |
such other information as the applicant may
submit:
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(1) That the applicant possesses sufficient
technical, |
financial and managerial resources and
abilities to |
provide the service for which it seeks a
certificate of |
service authority. In determining the
level of technical, |
financial and managerial resources
and abilities which the |
applicant must demonstrate, the
Commission shall consider |
(i) the characteristics,
including the size and financial |
sophistication, of the
customers that the applicant seeks |
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to serve, and (ii)
whether the applicant seeks to provide |
electric power and
energy using property, plant and |
equipment which it owns,
controls or operates;
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(2) That the applicant will comply with all
applicable |
federal, State, regional and industry rules,
policies, |
practices and procedures for the use,
operation, and |
maintenance of the safety, integrity and
reliability, of |
the interconnected electric transmission
system;
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(3) That the applicant will only provide service to
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retail customers in an electric utility's service area
that |
are eligible to take delivery services under this
Act;
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(4) That the applicant will comply with such
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informational or reporting requirements as the Commission
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may by rule establish and provide the information required |
by Section 16-112.
Any data related to
contracts for the |
purchase and sale of electric power and
energy shall be |
made available for review by the Staff of
the Commission on |
a confidential and proprietary basis
and only to the extent |
and for the purposes which the
Commission determines are |
reasonably necessary in order
to carry out the purposes of |
this Act;
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(5) (Blank)
That if the applicant, its corporate |
affiliates
or the applicant's principal source of |
electricity (to
the extent such source is known at the time |
of the
application) owns or controls facilities, for public |
use,
for the transmission or distribution of electricity to
|
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end-users within a defined geographic area to which
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electric power and energy can be physically and
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economically delivered by the electric utility or
|
utilities in whose service area or areas the proposed
|
service will be offered, the applicant, its corporate
|
affiliates or principal source of electricity, as the
case |
may be, provides delivery services to the electric
utility |
or utilities in whose service area or areas the
proposed |
service will be offered that are reasonably
comparable to |
those offered by the electric utility, and
provided |
further, that the applicant agrees to certify
annually to |
the Commission that it is continuing to
provide such |
delivery services and that it has not
knowingly assisted |
any person or entity to avoid the
requirements of this |
Section. For purposes of this
subparagraph, "principal |
source of electricity" shall
mean a single source that |
supplies at least 65% of the
applicant's electric power and |
energy, and the purchase of
transmission and distribution |
services pursuant to a
filed tariff under the jurisdiction |
of the Federal Energy
Regulatory Commission or a state |
public utility
commission shall not constitute control of |
access to the
provider's transmission and distribution |
facilities;
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(6) With respect to an applicant that seeks to serve
|
residential or small commercial retail customers, that
the |
area to be served by the applicant and any
limitations it |
|
proposes on the number of customers or
maximum amount of |
load to be served meet the provisions
of Section 16-115A, |
provided, that the Commission can
extend the time for |
considering such a certificate
request by up to 90 days, |
and can schedule hearings on
such a request;
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(7) That the applicant meets the requirements of |
subsection (a) of Section
16-128; and
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(8) That the applicant will comply with all other
|
applicable laws and regulations.
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(e) A retail customer that owns a cogeneration or |
self-generation facility
and that seeks certification only to
|
provide electric power and energy from such facility to
retail |
customers at separate locations which customers are
both (i) |
owned by, or a subsidiary or other corporate
affiliate of, such |
applicant and
(ii) eligible for delivery services, shall be |
granted a
certificate of service authority upon filing an |
application
and notifying the Commission that it has entered |
into an
agreement with the relevant electric utilities pursuant |
to
Section 16-118.
Provided, however, that if the retail |
customer owning such cogeneration or
self-generation facility |
would not be charged a transition charge due to the
exemption |
provided under subsection (f) of Section 16-108 prior to the
|
certification, and the retail customers at separate locations |
are taking
delivery services in conjunction with purchasing |
power and energy from the
facility, the retail customer on |
whose premises the facility is located shall
not thereafter be |
|
required to pay transition charges on the power and energy
that |
such retail customer takes from the facility.
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(f) The Commission shall have the authority to
promulgate |
rules and regulations to carry out the provisions
of this |
Section. On or before May 1, 1999, the Commission
shall adopt a |
rule or rules applicable to the certification of
those |
alternative retail electric suppliers that seek to serve
only |
nonresidential retail customers with maximum electrical
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demands of one megawatt or more which shall provide for (i)
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expedited and streamlined procedures
for certification of such |
alternative
retail electric suppliers and (ii) specific |
criteria which,
if met by any such alternative retail electric |
supplier, shall
constitute the demonstration of technical, |
financial and
managerial resources and abilities to provide |
service required
by subsection (d) (1) of this Section, such as |
a requirement
to post a bond or letter of credit, from a |
responsible surety
or financial institution, of sufficient |
size for the nature
and scope of the services to be provided; |
demonstration of
adequate insurance for the scope and nature of |
the services to
be provided; and experience in providing |
similar services in
other jurisdictions.
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(Source: P.A. 90-561, eff. 12-16-97; 91-50, eff. 6-30-99.)
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