Section 394 Of Article 12. Consumer Protection From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 2.3. >> Article 12.
394
. (a) As used in this section, "electric service provider" means
an entity that offers electrical service to customers within the
service territory of an electrical corporation, but does not include
an electrical corporation, as defined in Section 218, does not
include an entity that offers electrical service solely to serve
customer load consistent with subdivision (b) of Section 218, and
does not include a public agency that offers electrical service to
residential and small commercial customers within its jurisdiction,
or within the service territory of a local publicly owned electric
utility. "Electric service provider" includes the unregulated
affiliates and subsidiaries of an electrical corporation, as defined
in Section 218.
(b) Each electric service provider shall register with the
commission. As a precondition to registration, the electric service
provider shall provide, under oath, declaration, or affidavit, all of
the following information to the commission:
(1) Legal name and any other names under which the electric
service provider is doing business in California.
(2) Current telephone number.
(3) Current address.
(4) Agent for service of process.
(5) State and date of incorporation, if any.
(6) Number for a customer contact representative, or other
personnel for receiving customer inquiries.
(7) Brief description of the nature of the service being provided.
(8) Disclosure of any civil, criminal, or regulatory sanctions or
penalties imposed within the 10 years immediately prior to
registration, against the company or any owner, partner, officer, or
director of the company pursuant to any state or federal consumer
protection law or regulation, and of any felony convictions of any
kind against the company or any owner, partner, officer, or director
of the company. In addition, each electric service provider shall
furnish the commission with fingerprints for those owners, partners,
officers, and managers of the electric service provider specified by
any commission decision applicable to all electric service providers.
The commission shall submit completed fingerprint cards to the
Department of Justice. Those fingerprints shall be available for use
by the Department of Justice and the Department of Justice may
transmit the fingerprints to the Federal Bureau of Investigation for
a national criminal history record check. The commission may use
information obtained from a national criminal history record check
conducted pursuant to this section to determine an electric service
provider's eligibility for registration.
(9) Proof of financial viability. The commission shall develop
uniform standards for determining financial viability and shall
publish those standards for public comment no later than March 31,
1998. In determining the financial viability of the electric service
provider, the commission shall take into account the number of
customers the potential registrant expects to serve, the number of
kilowatthours of electricity it expects to provide, and any other
appropriate criteria to ensure that residential and small commercial
customers have adequate recourse in the event of fraud or
nonperformance.
(10) Proof of technical and operational ability. The commission
shall develop uniform standards for determining technical and
operational capacity and shall publish those standards for public
comment no later than March 31, 1998.
(c) Any registration filing approved by the commission prior to
the effective date of this section which does not comply in all
respects with the requirements of subdivision (a) of Section 394
shall nevertheless continue in force and effect so long as within 90
days of the effective date of this section the electric service
provider undertakes to supplement its registration filing to the
satisfaction of the commission. Any registration that is not
supplemented by the required information within the time set forth in
this subdivision shall be suspended by the commission and shall not
be reinstated until the commission has found the registration to be
in full compliance with subdivision (a) of Section 394.
(d) Any public agency offering aggregation services as provided
for in Section 366 solely to retail electric customers within its
jurisdiction that has registered with the commission prior to the
enactment of this section may voluntarily withdraw its registration
to the extent that it is exempted from registration under this
chapter.
(e) Before reentering the market, electric service providers whose
registration has been revoked shall file a formal application with
the commission that satisfies the requirements set forth in Section
394.1 and demonstrates the fitness and ability of the electric
service provider to comply with all applicable rules of the
commission.
(f) Registration with the commission is an exercise of the
licensing function of the commission, and does not constitute
regulation of the rates or terms and conditions of service offered by
electric service providers. Nothing in this part authorizes the
commission to regulate the rates or terms and conditions of service
offered by electric service providers.