Non-Regulated Power Producers Registration Requirements

I. Legislation enacted in 2019 has redefined which nonregulated power producers must register with the Division of Public Utilities and Carriers. The operative legislative change:

All nonregulated power producers seeking to engage in the retail sale of electricity in this state must file with the division of public utilities and carriers a notarized registration application...

Link to the legislation

II. As of March 7, 2018, NPP's which are Obligated Entities as defined in in R.I. Gen. Laws § 39-26-2 must file evidence of financial security with the Division. The financial security shall be in an amount of not less than two hundred fifty thousand dollars ($250,000.00). All financial security provided in satisfaction of this provision shall name the Commission and the Division as obliges.

These provisions are contained in the Division's Rules Applicable to Nonregulated Power Producers 815-RICR-30-05-1

While the Division has not specified a form for his filing, we have received numerous inquiries for an example for guidance purposes - this is one possible form . As long as the requirements of 815-RICR-30-50-1 are met, Obligated Entities may employ their own format for filing.

Should you have any questions, Please Contact Donna Daigle 401-780-2137.

III. Non-Regulated Power Producers Registration Application filing requirements are addressed in RIGL 39-1-27.1 (link) Sections (c) through (e)

(c) All nonregulated power producers seeking to engage in retail sale of electricity in this state must file with the division of public utilities and carriers a notarized registration application that includes the information identified below and any additional information required by the division of public utilities and carriers pursuant to regulations issued to protect the public interest in connection with the registration of entities seeking to sell electricity at retail:

(1) Legal name;

(2) Business address;

(3) The name of the state where organized; the date of organization; a copy of the articles of incorporation, association, partnership agreement, or other similar document regarding legal organization;

(4) Name and business address of all officers and directors, partners; or other similar officials;

(5) Name, title, email address and telephone number of customer service contact person;

(6) Name, title, email address and telephone number of regulatory contact person;

(7) Name, title and address of registered agent for service of process;

(8) Brief description of the nature of business being conducted; and

(9) Evidence of financial soundness accompanied by audited financial statements. Those nonregulated power producers who may be obligated entities shall provide financial security showing evidence of liquid funds, such as: (1) a surety bond; (2) a certificate of deposit (3) an irrevocable standby letter of credit from an ISO New England Eligible Letter of Credit Bank, a New York Mercantile Exchange (“NYMEX”) or a Chicago Mercantile Exchange (“CME”) approved letter of credit bank, or,(4) a corporate guarantee from an investment-grade entity with a Tangible Net Worth of at least ten million dollars ($10,000,000.00). The financial security shall be in an amount of not less than two hundred fifty thousand dollars ($250,000.00). All financial security provided in satisfaction of this provision shall name the Commission and the Division as obliges. See Rule 1.3 Prerequisites for RI Operations rules.sos.ri.gov/regulations/part/815-30-05-1 for more details.

(d) Copies of all filings pursuant to subsection (c), shall be served upon the commission and all electric distribution companies. Updated information shall be filed within ten (10) days of any change to the information included in a registration application, as filed or previously updated. Registration applications filed pursuant to subsection (c), shall become effective thirty (30) days after filing with the division, unless rejected during the thirty (30) day period. If the division should reject a registration application, it shall specify the applicable reasons in writing and, if practicable, identify alternative ways to overcome any deficiencies. After an opportunity of a hearing, the division may rescind a nonregulated power producer's registration for cause. Nonregulated power producers shall be authorized to do business in this state after their registration becomes effective and while it remains in good standing.

(e) A filing fee of one hundred dollars ($100) shall accompany all registration applications filed pursuant to subsection (c). Nonregulated power producers shall thereafter renew their registrations with the division on an annual basis. Applications for renewal shall be filed before the close of business on December 31 of each calendar year. Applications for renewal shall specify any changes in previously filed registration information. A filing fee of one hundred dollars ($100) shall accompany all applications for renewal of nonregulated power producer status.

Additional Filing Requirements to Supplement Application Registration Shall Include:

1. Affirmation that the applicant will comply with the Rhode Island General Laws and all rules and regulations promulgated by the Public Utilities Commission / Division of Public Utilities and Carriers.

2. Evidence that in accordance with the Rhode Island Public Utilities Commission's Reliability Responsibility Regulations, the applicant is either:

a) A NEPOOL Participant; or

b) has a written agreement with a NEPOOL member through which such member agrees to include the load served by the NPP in its load. A copy of this agreement (with any pricing or unrelated commercial terms redacted) should be included with the applicant's filing.

3. Evidence of authorization from the Rhode Island Secretary of State to do business in Rhode Island. Phone: (401) 222-3040.

A signed original copy of all filings shall be submitted to the following:

Stephanie De La Rosa, Commission Clerk
Division of Public Utilities and Carriers
89 Jefferson Blvd.
Warwick, RI 02888

A pdf copy shall also be emailed to:

Stephanie DeLaRosa, Commission Clerk stephanie.delarosa@puc.ri.gov and

Donna Daigle, Rate Analyst donna.daigle@dpuc.ri.gov

NON-REGULATED POWER PRODUCERS APPLICATION FORM

Electric Companies to be Notified

Rhode Island Energy
David Bonenberger, President of RI Distribution
280 Melrose Street
Providence, RI 02907

IV. Obligated Entities are Required to Comply with the Renewable Energy Standard pursuant to Section 2.8 of the Regulations Governing the Implementation of a Renewable Energy Standard (RES). Inquiries relating to the RES Annual Compliance Filing shall be directed to RES.Filing@puc.ri.gov.