Rule 515-7-3-.04 - Certification Standards(1) The Commission shall issue a certificate of authority for a delivery group upon a showing by the applicant: (a) that it possesses satisfactory financial and technical capability to render the certificated service;(b) that it has the ability to obtain sufficient gas supply to meet the requirements of such service;(c) that it will offer such service pursuant to rules and contract terms which the Commission finds economically viable for the delivery group(s) which the applicant proposes to serve; and(d) that if it is an EMC gas affiliate, there shall be in place satisfactory terms and conditions to govern the relationship between it and its electric membership corporation as well as a Commission approved cost allocation manual describing the electric membership corporation's methods of cost allocation and related information and policies to ensure compliance with O.C.G.A. § 46-4-153.1.(2) Until such time as a determination is made by the Commission that adequate market conditions exist within a delivery group as contemplated by O.C.G.A. § 46-4-156, a marketer must separately list on its bills to retail customers within the delivery group the charges for firm distribution service and for commodity sales.(3) The price at which a marketer sells gas shall not be regulated by the Commission.(4) A certificate of authority shall not be issued to an applicant who is unable to document that it has the ability to meet the creditworthiness standards of the interstate pipelines serving the State of Georgia and the Commission-approved creditworthiness standards of the applicable EDC.(5) The Commission may deny an application for a certificate of authority upon a showing that a marketer or anyone acting in concert with a marketer has a history of violating laws, rules, or regulations designed to protect the public.(6) Upon being issued a certificate of authority, a marketer shall abide by applicable laws under the Official Code of Georgia Annotated, all applicable rules and regulations of the Commission and findings, conclusions, terms, and conditions set forth in pertinent Commission Orders.(7) Each marketer must keep on file with the Commission's Natural Gas Staff and Consumer Affairs Staff, updated information on its regulatory contact person. The information shall contain the person's name, phone number, email address, mailing address and fax number.(8) Each marketer shall make available contemporaneously to randomly assigned customers the same options for rates, terms and conditions of service that the marketer makes available to its other similarly situated customers.(9) Each marketer shall pass through senior citizen discounts to eligible customers to the extent provided by the electing distribution company.(10) Marketers must apply to the Commission to receive authorization prior to any change in ownership, name change (including doing-business-as (d/b/a) name change), adding or dropping a delivery pool group from service, owning meters, or any other substantial change that would affect their certification.(11) A marketer may require a deposit, not to exceed $150.00, from a consumer prior to providing natural gas distribution service to such consumer. A marketer is not authorized to require an increase in the deposit of a consumer if such consumer has paid all bills from the marketer in a timely manner for a period of three months. A marketer shall establish an escrow account at a financial institution for the purpose of holding consumers' deposits. Consumers' deposits shall be held in trust in the escrow account established and shall not become the property of the marketer or be commingled with the funds of the marketer. Marketers shall pay interest on applicants' or consumers' deposits for gas service held six (6) months or longer at least equal to the interest rate paid by the financial institution where the escrow account is located. Upon receipt of a consumer or applicant deposit, the marketer shall furnish the gas consumer/applicant a receipt showing the following information: (a) Name of customer/applicant;(f) Address where service is to be rendered;(g) Statement of the terms under which the deposit may be refunded. In any case where a marketer has required a deposit from a consumer and such consumer has paid all bills from the marketer in a timely manner for a period of six (6) months, the marketer shall be required to refund the deposit to the consumer within sixty (60) days. In any event, a deposit shall be refunded to a consumer within sixty (60) days of the date that such consumer changes marketers or discontinues service, provided that such consumer has satisfied all of his or her outstanding financial obligations to the marketer. At the option of the marketer, a deposit may be refunded in whole or in part, at any time earlier than the times herein prescribed.
(12) It shall be a violation of a marketer's certificate to trade customers' accounts except when the following conditions are met:(a) Thirty (30) days in advance of trading a customer's account, the marketer must provide via first class mail to each customer whose account is being traded, a Commission approved letter. The marketer must provide a draft copy of this letter to the Commission Staff no later than thirty (30) days prior to the issuance of such letter. The letter must include: 1. a statement that the customer account is being traded to an existing marketer certificated by the Georgia Public Service Commission,2. the effective date in which the customer account will be traded to a different marketer,3. the name of the marketer to which the customer account will be traded,4. that the customer has the right to select the marketer of their choice before or within 30 days after the effective date of the trade without incurring any fees,5. that the customer's right to a free annual switch will not be affected by the trade,6. the new marketer current rates and terms and conditions of service.(b) The customer's right to one free annual switch shall not be affected by the trade.1 If the customer selects a different marketer before the effective date after the trade, the prior marketer shall pay to the EDC any and all fees that may result from the switch.2 If the customer selects a different marketer within 30 days after the effective date of the trade, the marketer to whom the account was traded shall pay to the EDC any and all fees that may result from the switch.(13) It shall be a violation of a marketer's certificate to sell or transfer customers except when the following conditions are met (requirements for new entrants into the market who are purchasing/transferring existing customers from an existing marketer): (a) Thirty (30) days in advance of selling or transferring a customer account, the marketer must provide to each customer whose account is being sold or transferred, a Commission approved letter via first class mail. The marketer must provide a draft copy of this letter to the Commission Staff no later than thirty (30) days prior to the issuance of such letter. The letter must include:1. a statement that the marketer to whom the account is being sold or transferred has been certificated by the Georgia Public Service Commission,2. the effective date that the customer account will be sold or transferred to the new marketer,3. the name of the marketer to which the customer account will be sold or transferred to,4. that the customer has the right to select the marketer of their choice before or within 30 days after the effective date of the sale or transfer without incurring any fees,5. notice that the customer's right to a free annual switch will not be affected by the sale or transfer,6. the new marketer current rates and terms and conditions of service.(b) The customer's right to one free annual switch shall not be affected by the sell or transfer. 1 If the customer selects a different marketer before the effective date of the sale or transfer, the prior marketer shall pay to the EDC any and all fees that may result from the switch.2 If the customer selects a different marketer within 30 days after the effective date of the sale or transfer, the marketer to whom the account was sold or transferred shall pay to the EDC any and all fees that may result from the switch.(14) Each marketer shall file at the Commission by the 5th of the current month, the marketer's standard fixed offer for residential customers and standard variable offer for residential customers. a Such offers shall include the cost per therm for the commodity and upstream capacity charges, and shall also include the EDC's base charge, the marketer customer service charge, and any other charges to be included in the offers.b If the 5th of the current month falls on a non-business day, the marketer shall file its standard fixed offer and standard variable offer rates for residential customers on the previous business day.(15) No marketer shall be authorized to prevent a consumer from obtaining distribution and commodity sales service from another marketer or provider. A marketer may contract with a landlord for continuous natural gas service to be made available to apartments owned or managed by said landlord and to provide natural gas service to apartments where the tenant has authorized the landlord to select the tenant's marketer; provided, however, that no such continuous service agreement shall require a landlord to prevent a tenant from obtaining distribution and commodity sales service from another marketer or provider. Notwithstanding the existence of a continuous service agreement between a marketer and a landlord, neither the EDC nor the marketer may prevent a tenant from switching marketers or providers.Ga. Comp. R. & Regs. R. 515-7-3-.04
O.C.G.A. §§ 46-2-30, 46-4-150 et seq. (See especially, O.C.G.A. §§ 46-4-153, 46-4-153.1, 46-4-160).
Original Rule entitled "Certification Standards" adopted. F. Feb. 10, 1998; eff. Mar. 2, 1998.Amended: F. May 23, 2000; eff. June 12, 2000.Amended: F. Aug. 13, 2002; eff. Sept. 2, 2002.Amended: F. Sept. 3, 2002; eff. Sept. 23, 2002.Repealed: New Rule of same title adopted. F. Feb. 15, 2008; eff. Mar. 6, 2008.Amended: F. June 18, 2018; eff. July 8, 2018.