D.C. Mun. Regs. tit. 15, r. 15-4799

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 15-4799 - DEFINITIONS

4799.1

For the Purposes of these rules, the following terms shall have the meaning ascribed:

Act: The Retail Natural Gas Supplier Licensing and Consumer Protection of Act of 2004, effective March 16, 2005 (D.C. Law 15-227; D.C. Official Code §§ 34-1671.01et seq. (2001)).

Affiliate: A Person who directly or indirectly, or through one or more intermediaries, controls, is controlled by, or is under common control with, or has, directly or indirectly, any economic interest in another person.

Aggregator: A Person that acts on behalf of Customers to purchase natural gas.

Applicant: A Person who applies for a Natural Gas Supplier License required by the Act.

Application: The written request by a Person for a Natural Gas Supplier License in a form specified by the Commission.

Broker: A Person who acts as an agent or intermediary in the sale and purchase of natural gas but who does not take title to natural gas.

Business Day: A Day in which normal business is transacted, excluding Saturdays, Sundays, and Federal and District of Columbia holidays.

Commission: The Public Service Commission of the District of Columbia.

Cramming: The practice of adding services or Charges to a CustomerTs existing natural gas service options absent the express consent of the Customer.

Customer: A purchaser of natural gas in whose name a service account exists with the company.

Customer Payments Bond: A bond or other form of acceptable financial instrument such as a line of credit, sworn letter of guarantee, bank loan approval documents, recent bank statements, vendor financing agreements or underwriting agreements in an amount at least equal to the total amount of Deposits or Prepayments.

Day: A Calendar day, unless otherwise specified.

Deposit: Any payment made by a Customer to a Natural Gas Supplier to secure the Natural Gas Supplier against potential Customer nonpayment or default.

Default: The omission or failure to perform a legal or contractual duty.

Defaulted Licensee: A Licensee is in default and is unable to deliver natural gas because:

(1) the Commission revokes or suspends the Natural Gas Supplier's retail Natural Gas Supplier License; or

(2) the Licensee is unable to transact sales of natural gas through the Natural Gas Transmission or Pipeline Company designated for the District of Columbia by the Federal Energy Regulatory Commission.

Default Service: A Customer who receives natural gas supply from the Natural Gas Company. Default Service is available to Customers who contract for natural gas with a Natural Gas Supplier, but who fail to receive delivery of natural gas under such contracts and to Customers who do not choose a Natural Gas Supplier as prescribed by D.C. Official Code § 34-1671.06(b)(2).

Integrity Bond: A bond that is required of a Natural Gas Supplier who cannot provide credible evidence that it meets the standards listed in § 4705.1 of this Chapter.

Licensee: A Natural Gas Supplier who has been granted a valid Natural Gas Supplier License by the Commission.

Marketer: A Person who purchases and takes title to Natural Gas as an intermediary for sale to customers.

Natural Gas Company: Every corporation, company, association, joint-stock company or association, partnership, or Person doing business in the District of Columbia, their lessees, trustees, or receivers appointed by any court whatsoever, physically transmitting or distributing natural gas in the District of Columbia to retail natural gas customers as defined by D.C. Official Code § 34-209 and § 34-1671.02 (11).

Natural Gas Company's Tariff: The tariff that sets forth the basic requirements for interaction and coordination between the Natural Gas Company and each Natural Gas Supplier necessary for ensuring the delivery of competitive natural gas supply from Natural Gas Suppliers to their Customers via the Natural Gas Company's delivery system.

Natural Gas Supplier: A licensed Person, broker, or marketer, who generates natural gas; sells natural gas; or purchases, brokers, arranges or markets natural gas for sale to customers.

Natural Gas Supplier License: The authority granted by an order of the Commission to a Person to do business as a Natural Gas Supplier in the District of Columbia.

OPC: The Office of the People's Counsel of the District of Columbia.

Person: An individual, corporation, company, association, joint stock company,association, firm, partnership, or other entity.

Prepayments: All payments other than a Deposit made by a Customer to a Natural Gas Supplier for services that have not been rendered at the time of payment, subject to the following:

(a) Where a Natural Gas Supplier charges for services based on a quantity of natural gas, then Prepayments include any payments for any quantity that has not been delivered to the Customer or Consumer at the time of payment;

(b) Where a Natural Gas Supplier charges for services based on a period of time, such as charging a membership fee, initiation fee or other fee for services for a time period, then Prepayments include the amount of the total charges collected by the Natural Gas Supplier for the period of time less the prorated value of the period of time for which services have been rendered;

(c) Where a Natural Gas Supplier charges for services based on a measure other than quantity of natural gas delivered or a period of time, the Commission shall determine, on a case-by-case basis, whether the charges involve a prepayment; and

(d) Prepayments do not include any funds received in advance of the services being rendered as a result of the Customer's voluntary participation in a budget billing or level billing plan by which the consumer's anticipated natural gas costs are averaged over a period of time.

Regulatory Contact: The staff contact for the Licensed Natural Gas Supplier that handles regulatory matters for that company or entity.

Slamming: The practice of switching, or causing to be switched, a Customer's natural gas supplier Account without the express authorization of the Customer.

Solicitation: A communication in any medium that urges a customer to Contract for receipt of specific natural gas services from a Natural Gas Supplier. Types of Solicitation may include, but are not limited to, telephone Solicitation, radio advertisements, print advertisements, home Solicitations, electronic advertisements (i.e. Internet), newspaper advertisements, and written Solicitations.

D.C. Mun. Regs. tit. 15, r. 15-4799

Final Rulemaking published at 65 DCR 9948 (9/28/2018 - Vol. 1)