New Jersey § 48:3-78

§ 48:3-78.

a. A person shall not offer to provide or provide electric generation service to retail

customers in this State unless that person has applied for , on an application form prescribed by the board, and obtained from the board, pursuant to standards adopted by the board, an electric

power supplier license. Persons providing such services on the effective date of P.L.1999, c. 23 ( C.48:3-49 et al.) shall have 120 days to apply for and receive the requisite license. b. (1) The board shall issue a license to an electric power supplier that is in compliance

with the licensing standards adopted pursuant to subsection c. of this section and upon paying a licensure fee as determined by the board pursuant to subsection

h. of this section . An initial license shall expire one year from the date of issuance . Nothing in this section shall limit the authority of the board to deny, suspend , or revoke a license at any time, consistent with the provisions of P.L.1999, c. 23 ( C.48:3-49 et al.) . (2) A license shall not expire after the effective date of P.L.2019, c. 100 1 so long as the licensee pays to the board, within 30 days before the anniversary

date of the last approved licensing application, a license renewal fee, as determined

by the board, accompanied by an annual information update on a form prescribed by

the board. (3) The annual information update submitted by a licensed electric power supplier

to the board, pursuant to paragraph (2) of this subsection, shall be limited to the

following information: (a) the information required of an electric power supplier pursuant to subsection

c. of this section; (b) a copy of the electric power supplier's most recent quarterly New Jersey sales

and use tax report; (c) the electric power supplier's most recent 12-month and calendar year sales volume

in New Jersey, by customer class; (d) whether the electric power supplier, or any of the electric power supplier's key

operating personnel, officers, directors, partners, owners, or listed stockholders

have been subject to or are subject to any regulatory investigations or disciplinary

proceedings connected with the sale of electricity in any other state or federal jurisdiction; (e) whether the electric power supplier, or any of the electric power supplier's key

operating personnel, officers, directors, partners, owners, or listed stockholders

have filed for bankruptcy in the last seven years or are the subject of any current

bankruptcy proceedings; and (f) any certifications necessary, as determined by the board. c. Notwithstanding any provisions of the “Administrative Procedure Act,” P.L.1968,

c. 410 ( C.52:14B-1 et seq. ) to the contrary, the board shall initiate a proceeding and shall adopt, in consultation

with the Division of Consumer Affairs in the Department of Law and Public Safety,

after notice, provision of the opportunity for comment, and public hearing, interim

electric power supplier licensing standards within 90 days of the effective date of P.L.1999, c. 23 ( C.48:3-49 et al.) . Such standards shall be effective as regulations immediately upon filing with the

Office of Administrative Law and shall be effective for a period not to exceed 18

months, and may, thereafter, be amended, adopted or readopted by the board in accordance

with the provisions of the “Administrative Procedure Act.” The standards shall include, but need not be limited to, the following requirements

that an electric power supplier: (1) Register with the board, which shall include the filing of basic information pertaining

to the supplier, such as name, address, telephone number, and company background and

profile, and a list of the services or products offered by the supplier. A supplier shall provide annual updates of this information to the board. The registration shall also include: (a) Evidence of financial integrity; (b) Information on any disciplinary proceedings or actions by law enforcement authorities

in which the electric power supplier, its subsidiaries, affiliates , or parent has been involved in this State or any other states; (c) The ownership interests of the supplier including the interests owned by the supplier

and the interests owning the supplier; (d) The name and address of the in-State agent of the supplier that is authorized

to receive service of process; (e) The name and address of the in-State customer service agent for the supplier;

and (f) The quantity of retail electric sales made in this State during the 12 months

preceding the application. (2) Agree to meet all reliability standards established by the Mid-Atlantic Area Council

of the North American Electric Reliability Council or its successor, the PJM Interconnection,

L.L.C. independent system operator or its successor, the Federal Energy Regulatory

Commission, the board, or any other state, regional, federal , or industry body with authority to establish reliability standards. The board may establish specific standards applicable to electric power suppliers

to ensure the adequacy of electric power capacity, if it determines that standards

established by any other state, regional, federal , or industry bodies are not sufficient to assure the provision of safe, adequate,

proper , and reliable electric generation service to retail customers in this State. Such reliability standards shall ensure bulk power system operations and security,

and shall ensure the adequacy of electric power capacity necessary to meet retail

loads; (3) Maintain an office within this State for the purposes of accepting service of

process, maintaining such records as the board requires , and ensuring accessibility to the board, consumers , and electric public utilities; (4) Maintain a surety bond under terms and conditions as determined by the board; (5) Provide a description of the products and services to be rendered; (6) Comply with such specific standards of conduct for electric power suppliers as

the board shall adopt; and (7) Provide through legal certification by an officer of the electric power supplier

such information as the board or its staff shall require to assist the board in making

any determination concerning revocation, suspension, issuance or renewal of the supplier's

license pursuant to section 32 of P.L.1999, c. 23 ( C.48:3-81 ) . d. An electric public utility shall: (1) Incorporate by reference the board's licensing requirements in its tariffs for

transmission and distribution service; (2) Apply the licensing requirements and other conditions for access to the transmission

and distribution system uniformly to all electric power suppliers; and (3) Report alleged violations of the board's licensing requirements of which it becomes

aware to the board. e. The board shall establish an alternative dispute resolution program to resolve

any licensure or access dispute between an electric power supplier and an electric

public utility. The board may establish reasonable fees, not to exceed actual costs, for the provision

of alternate dispute resolution services. If informal resolution of the dispute is unsuccessful, the board shall adjudicate

the dispute as a contested case pursuant to the “Administrative Procedure Act.” f. The board shall monitor the retail supply market in this State, and shall consider

information available from the PJM Interconnection, L.L.C. independent system operator

or its successor with respect to the conduct of electric power suppliers. The board shall monitor proposed acquisitions of electric generating facilities

by electric power suppliers as it deems necessary, in order to ascertain whether an

electric power supplier has or is proposed to have control over electric generating

facilities of sufficient number or strategic location to charge non-competitive prices

to retail customers in this State. The board shall have the authority to deny, suspend , or revoke an electric power supplier's license, after hearing, if it determines that

an electric power supplier has or may acquire such control, or if the electric power

supplier's violations of the rules, regulations , or procedures of the PJM Interconnection, L.L.C. independent system operator or its

successor may adversely affect the reliability of service to retail customers in this

State or may result in retail customers being charged non-competitive prices. g. The board may establish safety and service quality standards for electric power

suppliers, and nothing in P.L.1999, c. 23 ( C.48:3-49 et al.) shall limit the authority of the board to promulgate such safety or service quality

standards or to resolve complaints regarding the quality of electric generation service. h. The board shall establish, by written order pursuant to subsection c. of this section or by rule,

a licensure fee to cover the costs of licensing electric power suppliers. The fee shall include a reasonable surcharge to fund a consumer education program

in this State established pursuant to section 36 of P.L.1999, c. 23 ( C.48:3-85 ) . i. Any provision of this act to the contrary notwithstanding, any person acting as

an energy agent shall be required to register with the board. This registration shall include, but need not be limited to, the name, address,

telephone number, and business affiliation or profile of the energy agent, evidence

of financial integrity as determined by the board, and evidence of knowledge of the

energy industry. This registration shall be updated annually. Nothing in this subsection shall be construed to limit or exempt an energy agent

from liability under any other law pertaining to any activity which an energy agent

may engage in. 1

L.2019, c. 100, eff. May 10, 2019.