New Jersey § 48:3-79

§ 48:3-79.

a. A person shall not offer to provide or provide gas supply 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, a gas supplier

license. A person 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 a gas 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

g. 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. 101 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 gas supplier to the board,

pursuant to paragraph (2) of this subsection, shall be limited to the following information: (a) the information required of a gas supplier pursuant to subsection c. of this section; (b) a copy of the gas supplier's most recent quarterly New Jersey sales and use tax

report; (c) the gas supplier's most recent 12-month and calendar year sales volume in New

Jersey, by customer class; (d) whether the gas supplier, or any of the gas 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 natural gas in any other state or federal jurisdiction; (e) whether the gas supplier, or any of the gas 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, in consultation with the Division of Consumer Affairs in the Department

of Law and Public Safety, the board shall initiate a proceeding and shall adopt, after

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

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 a gas supplier: (1) Register with the board, which shall include the filing of basic information pertaining

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

and profile, and a list of the services or products offered by the gas supplier. A gas 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 gas supplier, its subsidiaries, affiliates , or parent has been involved in this State or any other states; (c) The ownership interests of the gas supplier including the interests owned by the

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

to receive service of process; (e) The name and address of the in-State customer service agent for the gas supplier; (f) The quantity of retail gas sales made in this State during the 12 months preceding

the application; and (g) A list of the services or products offered by the gas supplier; (2) Agree to meet all reliability standards established by 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 gas suppliers to ensure

the adequacy of gas 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 gas supply service to retail customers in this State; (3) Maintain an office within this State for purposes of accepting service of process,

maintaining such records as the board requires and ensuring accessibility to the board,

consumers , and gas public utilities; (4) Maintain a surety bond under terms and conditions approved by the board; (5) Provide a description of the products and services to be rendered; (6) Comply with such specific standards of conduct for gas suppliers as the board

shall adopt; and (7) Provide through legal certification by an officer of the gas 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 gas supplier's license pursuant to section 32 of P.L.1999, c. 23 ( C.48:3-81 ) . d. A gas public utility shall: (1) Incorporate by reference the board's licensing requirements in its tariffs for

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

system uniformly to all gas suppliers; (3) Not unreasonably deny a licensed gas supplier access to its distribution system;

and (4) 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 a gas supplier and a gas 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 may establish safety and service quality standards for gas 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 gas supply service. g. 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 gas 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 ) . 1

L.2019, c. 101, eff. May 10, 2019.