810-RICR — Public Utilities Commission

Chapter 00 General Administration

Subchapter 00

810-RICR-00-00-2 Access to Public Records Regulation

810-RICR-00-00-2 § 2.1 Authority

This Regulation is promulgated pursuant to R.I. Gen. Laws §§ 38-2-1, et seq. (“Access to Public Records”) and 42-35-2(a).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-05 to 01/04/2022
Adoption — effective from 2010-08-05 to 08/05/2010

810-RICR-00-00-2 § 2.2 Purposes

A. The Purposes of this Regulation are:

1.To establish a Regulation to implement R.I. Gen. Laws §§ 38-2-1, et seq. and 42-35-2(a) relating to access to public records maintained by the Commission.

2.To identify and delineate categories of records exempt from disclosure; and

3.To provide the public and Commission personnel with a Regulation which sets forth the rules and procedures applicable to access to public records maintained by the Commission.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-05 to 01/04/2022
Adoption — effective from 2010-08-05 to 08/05/2010

810-RICR-00-00-2 § 2.3 Policy

The Commission recognizes both the public’s right to access public records and the individual’s right to dignity and privacy. It is the Commission’s policy to facilitate public access to all public records that may be disclosed in accordance with R.I. Gen. Laws § 38-2-1, et seq. It is also the policy of the Commission to make all public records in the Commission’s possession be available for public inspection and copying consistent with applicable state or federal law, unless otherwise prohibited by a court of competent jurisdiction.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-05 to 01/04/2022
Adoption — effective from 2010-08-05 to 08/05/2010

810-RICR-00-00-2 § 2.4 Procedure for Requesting Public Records

A.Except as provided in § 2.5 of this Part, a written request to inspect or copy public records should be sent to the Commission Clerk who maintains the records requested or, in the alternative, to the Commission Counsel at 89 Jefferson Boulevard, Warwick, RI 02888. Written requests may be mailed, hand delivered, e-mailed or sent via facsimile. Hand delivered requests may be made during the Commission’s regular business hours. It is suggested, but not required, that requests be submitted on the form provided by the Commission, a copy of which is attached hereto as Exhibit A in § 2.9 of this Part and titled “Request to Inspect and/or Copy Public Records”. In order to assure that the Commission is able to respond to the request as efficiently and as completely as possible, the request should identify and describe the records being requested with as much specificity as possible. A written record of all requests will be maintained by the Commission Clerk.

B.If the description of records being requested is not sufficient to allow the Commission to identify and locate the requested records, the Commission will notify the person requesting such records that additional information is needed in order to properly respond to the request.

C.Upon receipt of a request for records, the Commission Clerk or Commission Counsel will mark on the face of a written request the date the request was received. The Commission will make every reasonable effort to honor the request within ten (10) business days of receipt of the written request.

D. If it appears that the request cannot be honored within ten (10) business days of receipt, the Commission will provide the requester of the status of the request within ten (10) business days. However, in the event a requestor does not provide identifying or contact information, the Commission will use its best efforts to notify the requestor of the status of the request within ten (10) days. For good cause, the time to respond to the request may be extended for a period not to exceed thirty (30) business days, inclusive of the original ten (10) business days.

E. A written request is not required to be submitted when the request is for any of the following:

1.documents prepared for or readily available to the public;

2.rules and written statements of policy or interpretations formulated, adopted, or used by the agency; or

3.final orders, decisions, and opinions.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-05 to 01/04/2022
Adoption — effective from 2010-08-05 to 08/05/2010

810-RICR-00-00-2 § 2.5 Hours of Inspections

When a request is made to inspect public records (as opposed to obtain copies), the requester will be advised when the records are available and he/she can then make an appointment to inspect those documents at the Commission between the hours of 8:30 a.m. and 3:30 p.m. Monday through Friday. The time-frame for the Commission to respond to requests to inspect public records is the same as the time frame applicable to responding to requests for copies of public records as set forth above in § 2.4 of this Part.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-05 to 01/04/2022
Adoption — effective from 2010-08-05 to 08/05/2010

810-RICR-00-00-2 § 2.6 Fees

A.Official publications which the Commission prepares in the discharge of its duties to inform the public on matters of public interest will be furnished free of charge when available.

B.The Commission will supply one (1) copy of any of its Rules and Regulations to an individual requesting them free of charge. Rules and Regulations of the Commission are on file at the Office of the Secretary of State and certified copies thereof may be obtained from that office. Rules and Regulations of the Commission are also available online from the Secretary of State’s website as well as the Commission’s website.

C.The Commission charges a fee for copying and/or search and retrieval of requested documents consistent with applicable state law. The Commission charges $0.15 per copied page; provided however, if the response to the request consists of twenty (20) or fewer copied pages, no fee will be charged. If the response to the request consists of more than twenty (20) copied pages, there will be a charge of $0.15 for each page. The Commission will charge $15.00 per hour for the search and retrieval time required to respond to a request, whether the request seeks copies of records or the right to inspect records; provided however, there will be no charge for the first hour of search and retrieval time. The Commission will provide the requester with an estimate of the copying costs and search and retrieval costs prior to responding to the request. The Commission however, will charge the actual fees for the number of copies and the actual cost for search and retrieval time if those are more or less than estimated. The Commission reserves the right to require a deposit of the estimated costs if the estimated costs are $50.00 or more.

D.The cost of copying and search and retrieval as provided in in § 2.3 of this Part must be paid in advance of or at the time of delivery or inspection of the requested documents.

E. Commission personnel or, where applicable an outside copy service, will make copies of requested records. The Commission does not have a copy machine available for use by the public to make copies.

F. The Commission may utilize the form attached hereto as Exhibit B in § 2.10 of this Part (“Response to Request to Inspect and/or Copy Public Records”) to respond to a request; provided however, in some instances it may be appropriate for the Commission to write a letter addressed to the requester setting forth such additional information as deemed appropriate under the circumstances.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-05 to 01/04/2022
Adoption — effective from 2010-08-05 to 08/05/2010

810-RICR-00-00-2 § 2.7 Supervision of Inspections

A.The inspection of public records must be accomplished in a manner which will provide for general supervision by authorized Commission staff. This is necessary to prevent the misplacement or unauthorized removal of records or any other action which may impair the integrity of the public record.

B.The Commission Clerk, or Staff Member having possession of the public record requested shall have overall responsibility for the security of the public record. However, the individual in charge may designate a staff member(s) to coordinate the functions and responsibilities related to the copying and inspection of public records.

C.All personnel responsible for responding to requests for access to public records shall be made aware by their supervisors, of the provisions of this regulation and the procedures to be followed when an access to public records request is made. Commission personnel having any questions regarding the procedures to be followed should direct inquiries to:

1.The Commission Clerk who is responsible for the activity/function to which the public record being requested relates; or

2.In the event that the public record cannot be readily categorized as falling under the responsibility of Commission, the request should be directed to the Commission Counsel which will serve as a resource in matters relating to the public's access to public records.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-05 to 01/04/2022
Adoption — effective from 2010-08-05 to 08/05/2010

810-RICR-00-00-2 § 2.8 Severability

If any provision of this Regulation or the application thereof to any individual or circumstances is held invalid, such invalidity shall not affect the provisions or application of the remaining portions of the regulation which can be given effect. The provisions of these rules and regulations are declared to be severable.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-05 to 01/04/2022
Adoption — effective from 2010-08-05 to 08/05/2010

810-RICR-00-00-2 § 2.9 Exhibit A

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-05 to 01/04/2022
Adoption — effective from 2010-08-05 to 08/05/2010

810-RICR-00-00-2 § 2.10 Exhibit B

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-05 to 01/04/2022
Adoption — effective from 2010-08-05 to 08/05/2010

810-RICR-00-00-3 Review of a Utility Scale Offshore Wind Project As Described In R.I. Gen. Law § 39-26.1-8

810-RICR-00-00-3 § 3.1 Authority

These regulations are promulgated by the Rhode Island Public Utilities Commission pursuant to R.I. Gen. Laws § 39-26.1-8 and R.I. Gen. Laws Chapter 42-35.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-07 to 01/04/2022
Adoption — effective from 2010-04-07 to 04/07/2010

810-RICR-00-00-3 § 3.2 Purpose

A.The purpose of these Regulations is to govern the proceedings before the Rhode Island Public Utilities Commission to review an application by a Developer certified by the State to develop a utility-scale offshore wind farm.

B. To the extent not specifically addressed in these Regulations, the Commission’s Rules of Practice and Procedure shall govern the proceedings before the Commission.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-07 to 01/04/2022
Adoption — effective from 2010-04-07 to 04/07/2010

810-RICR-00-00-3 § 3.3 Definitions

A.“Applicant” means a Developer filing with the Commission for an Order requiring the Electric Distribution Company to enter into a Long-term Contract with the Developer.

B.“Commission” means the Rhode Island Public Utilities Commission.

C.“Developer” means an entity certified by the Department of Administration to develop Utility-Scale Offshore Wind Farm.

D.“Division” means the Rhode Island Division of Public Utilities and Carriers.

E.“Electric distribution company” means a company defined in R.I. Gen. Laws § 39-1-2(12), supplying standard offer service to end-use customers, but not including the Block Island Power Company or Pascoag Utility District.

F.“Long-term contract” means a contract of ten (10) to fifteen (15) years in duration, or of a term greater than fifteen (15) years upon approval of the Commission.

G.“OER” means the Rhode Island Office of Energy Resources.

H.“Party" or "Parties” includes the Applicant, the Electric Distribution Company, the Division, OER and intervenors as defined by the Commission’s Rules of Practice and Procedure.

I.“Utility-scale offshore wind farm” means a wind power project located offshore in the waters of Rhode Island or adjacent federal waters of at least one hundred (100) megawatts but not more than one hundred fifty (150) megawatts, as defined in R.I. Gen. Laws § 39-26.1-2(7).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-07 to 01/04/2022
Adoption — effective from 2010-04-07 to 04/07/2010

810-RICR-00-00-3 § 3.4 Filing Requirements & Service

A.Unless otherwise modified in § 3.4 of this Part, the formal requirements as to filings and service set forth in §§ 1.6 and 1.8 of this Subchapter, the Commission’s Rules of Practice and Procedure shall apply.

B.All graphs, charts, photographs, or other documents originally produced in color shall be provided in hard copy to the Commission in color.

C.All filings, including Discovery responses, made by any Party shall be provided in electronic format, as a PDF, to all members of the official Service List maintained by the Commission Clerk with no further requirement that hard copies be provided to a Party unless requested by the Party. However, an original and nine (9) hard copies shall be filed with the Commission Clerk. All hard copies, except for color copies, shall be double-sided.

D.The Application shall be filed with the Commission with copies to the Electric Distribution Company, the Division, OER, the Rhode Island Department of Administration, the Economic Development Corporation, and the Attorney General on the same day.

E.For purposes of determining the timeliness of a filing with the Commission, a document is received at the time the hard copy is date stamped with the Commission.

F.In the event an attachment to a Data Request exceeds fifty pages when double-sided, Counsel for the Party shall contact Commission Legal Counsel to determine whether nine (9) hard copies of the attachment will be required and if not, the preferred format of delivery.

G. Any data request that seeks worksheets with formulae intact shall be provided in Excel format.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-07 to 01/04/2022
Adoption — effective from 2010-04-07 to 04/07/2010

810-RICR-00-00-3 § 3.5 Intervention

A.The Electric Distribution Company, Division and OER shall be mandatory Parties to the proceedings covered by these Rules and shall simply notify the Commission Clerk of their respective attorney’s contact information.

B.State Agencies seeking intervention may file a Notice of Intervention by the Intervention Deadline setting forth the interest of the State Agency and the level of involvement sought by the State Agency.

C.For all others seeking intervention, § 1.14 of this Subchapter, the Commission’s Rules of Practice and Procedure shall apply.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-07 to 01/04/2022
Adoption — effective from 2010-04-07 to 04/07/2010

810-RICR-00-00-3 § 3.6 Application

A.The application shall contain the following information:

1.A complete description of the proposed project.

2.A description of the legal entity that will enter into a Long-Term Contract on behalf of the Applicant.

3.The proposed term of the Long-Term Contract.

4.A list of each permit or license that will be required and the identity of the agency responsible for such permitting or licensing.

5.A time line for permitting, licensing, and construction.

6.The status of application for each permit or license.

7.A copy of all filings made with state and federal regulatory agencies related to the proposed project.

8.Evidence of material progress toward obtaining real property rights (site control).

9.Details regarding a proposed transmission line to the mainland.

10.All interconnection filings made with any entity related to the proposed project.

11.Projected electrical energy production profiles.

12.A proposed initial term sheet for a long-term contract between the‎Applicant and the Electric Distribution Company, which shall consist of the essential terms that the Applicant expects to be included in a draft Long-Term Contract that would be subject to negotiation with the Electric Distribution Company.

13.Pricing projected under the Long-Term Contract being sought, including prices for all market products that would be sold under the proposed Long-Term Contract, subject to any contract negotiations between the Applicant and the Electric Distribution Company.

14.Economic justification for the proposal, including projection of market prices over the term of the proposed Long-Term Contract.

A description of the economic benefits to Rhode Island, including the creation of jobs in Rhode Island.
A description of the potential risks of the project to ratepayers in the State of Rhode Island.

17.A description of binding legal commitments relative to the creation of jobs in Rhode Island and any other economic benefits to Rhode Island.

18.The Applicant’s business plan for the project including forecasts of all expenses and revenues from the proposed project.

The Applicant’s plan to finance the proposed project and any material progress made toward financing the plan.
Pre-Filed Testimony from an officer of the Applicant’s company sponsoring the Application and explaining the specifics of the project, including the economic benefits of the project to ratepayers and the State of Rhode Island, and the potential risks of the project to the ratepayers. If the officer of the Applicant’s company is not qualified to discuss specific issues, the Application shall include Pre-Filed Testimony of a witness so qualified.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-07 to 01/04/2022
Adoption — effective from 2010-04-07 to 04/07/2010

810-RICR-00-00-3 § 3.7 Discovery

Discovery shall be governed by the Commission’s Rules of Practice and Procedure.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-07 to 01/04/2022
Adoption — effective from 2010-04-07 to 04/07/2010

810-RICR-00-00-3 § 3.8 Motions

The filing of Motions shall be governed by the Commission’s Rules of Practice and Procedure

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-07 to 01/04/2022
Adoption — effective from 2010-04-07 to 04/07/2010

810-RICR-00-00-3 § 3.9 Public Records

A. All documents submitted by the Parties will be considered public documents under the Access to Public Records Act, R.I. Gen. Laws § 38-2-1 unless such documents are protected from release by one of the exceptions set forth in R.I. Gen. Laws § 38-2-2 and/or granted protection from disclosure by the Commission.

B. All requests for confidential treatment shall be made in accordance with § 1.3(H) of this Subchapter, the Commission’s Rules of Practice and Procedure.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-07 to 01/04/2022
Adoption — effective from 2010-04-07 to 04/07/2010

810-RICR-00-00-3 § 3.10 Hearings & Briefs

A.Hearings shall be governed by §§ 1.21, 1.22, 1.23, 1.24, and 1.26 of this Subchapter, the Commission’s Rules of Practice and Procedure (Part 1 of this Chapter).

B.Briefs shall be governed by § 1.26 of this Subchapter, the Commission’s Rules of Practice and Procedure.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-07 to 01/04/2022
Adoption — effective from 2010-04-07 to 04/07/2010

810-RICR-00-00-3 § 3.11 Assessment of Expenses

Responsibility – An Applicant shall be charged with and shall pay the reasonable costs of consultants or counsel that may be hired by the Commission and the Division for the proceeding, up to $100,000 for the Commission and $100,000 for the Division, respectively.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-07 to 01/04/2022
Adoption — effective from 2010-04-07 to 04/07/2010

810-RICR-00-00-3 § 3.12 Final Order On Application

A.The Commission shall determine through issuance of a final order within eight (8) months from the filing of the Application, whether the proposal is in the best interests of the electric distribution customers in Rhode Island.

B.The Commission may require changes to the Applicant’s proposal as a condition to a Long-Term Contract as the Commission determines are just and reasonable.

CIf the Commission determines that the proposal is in the best interests of the electric distribution customers in Rhode Island, the Commission shall require the Electric Distribution Company to negotiate a commercially reasonable Long-Term Contract with the Applicant wherein the Electric Distribution Company agrees to purchase the entire output from the proposed project, unless otherwise authorized by the Commission.

D.In determining whether the proposal is in the best interests of electric distribution customers, the Commission will consider the following factors:

The economic impact and potential risks of the proposal on rates to be charged by the Electric Distribution Company;
The potential benefits of stabilizing long-term energy prices;

3.Any other factor the Commission determines necessary to be in the best interest of the ratepayers.

E.To the extent the Application cites significant economic benefits to Rhode Island that require commitments from the Applicant outside of the Long-Term Contract to achieve such benefits, and those economic benefits are ultimately relied upon by the Commission in authorizing a Long-Term Contract to be negotiated, the Commission may require that appropriate legally binding commitments be made by the Applicant as a condition to a Long-Term Contract, unless the Commission finds that such commitments are not necessary.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-07 to 01/04/2022
Adoption — effective from 2010-04-07 to 04/07/2010

810-RICR-00-00-3 § 3.13 Filing of a Contract

A.Within three (3) months from the issuance of the Commission’s written Order, the Applicant and Electric Distribution Company shall file a proposed Long-Term Contract for review by the Commission.

B.If the Parties are unable to reach agreement on a Long-Term Contract within three (3) months, the Applicant and Electric Distribution Company shall jointly file with the Commission the terms upon which they can agree and the terms upon which they cannot agree and their respective positions on whether or not the terms upon which they cannot agree are appropriate for arbitration. The Commission will then determine whether or not to order arbitration.

C.Once the terms of the Long-Term Contract are finalized between the Applicant and the Electric Distribution Company, the Long-Term Contract shall be filed with the Commission for its review.

D.The Commission shall review the Long-Term Contract to determine whether or not it is in the best interests of the electric distribution customers in Rhode Island.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-07 to 01/04/2022
Adoption — effective from 2010-04-07 to 04/07/2010

810-RICR-00-00-3 § 3.14 Legal Ramifications of the Application Process

A.The Application Process set forth in §§ 3.1 through 3.12 of this Part does not convey a legal entitlement to the Applicant to a Long-Term Contract.

B.The Commission will review both the Application and the proposed Long-Term Contract to determine whether or not each is in the best interests of the electric distribution customers in Rhode Island.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-07 to 01/04/2022
Adoption — effective from 2010-04-07 to 04/07/2010

810-RICR-00-00-3 § 3.15 Severability

If any part of these Rules is found to be invalid by a court of competent jurisdiction or its application to any person or circumstances is held invalid by a court of competent jurisdiction or through a change in State law or Federal preemption, the invalidity does not affect other provisions or applications of the Rules which can be given effect without the invalid provision or application, and to this end, the provisions.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-07 to 01/04/2022
Adoption — effective from 2010-04-07 to 04/07/2010

810-RICR-00-00-4 Filing of Annual Reports by Water Carriers

810-RICR-00-00-4 § 4.1 Authority and Purpose

Pursuant to R.I. Gen. Laws §§ 39-1-1, 39-1-7, 39-1-13, 39-1-15, 39-1-21, 39-1-22, 39-1-38, 39-3-11, 42-35-1 et seq. the Commission finds that in order to carry out its charge in R.I. Gen. Laws § 39-1-1 “to supervise [and] regulate…the conduct of companies offering to the public in intrastate commerce…transportation services…for the purpose of increasing and maintaining the efficiency of the companies, according desirable safeguards and convenience to their employees and to the public, and protecting them and the public against improper and unreasonable rates, tolls and charges….” all water common carriers doing business in the State of Rhode Island are required to file Annual Reports with the Commission not later than ninety (90) days following the close of the company’s fiscal year.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2003-09-25 to 01/04/2022
Adoption — effective from 2003-09-25 to 09/25/2003

810-RICR-00-00-4 § 4.2 Definitions

A."Common carrier" means as defined in R.I. Gen. Laws § 39-1-2(7).

B."Public utility" means as defined in R.I. Gen. Laws § 39-1-2(20).

C."Water common carrier" means a common carrier of persons and/or property operating upon water between termini within the State of Rhode Island with annual revenues of $100,000 or greater.

D."Company" means the water common carrier filing the annual report.

E."Commission" means the Rhode Island Public Utilities Commission.

F."Division" means the Rhode Island Division of Public Utilities and Carriers.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2003-09-25 to 01/04/2022
Adoption — effective from 2003-09-25 to 09/25/2003

810-RICR-00-00-4 § 4.3 Filing of Annual Reports

A.Time for Filing

1.Water common carriers doing business in the State of Rhode Island are required to file Annual Reports with the Commission not later than ninety (90) days following the close of the company’s fiscal year. If annual revenues are under $1 million, the entity may file its report not later than 120 days after the close of the company’s fiscal year.

B.Form and Quantity

1.The company shall file an original and two (2) copies with the Commission. One copy filed with the Commission will be provided to the Division. The filing shall conform with requirements set forth in § 4.3(C) of this Part. A company may use a form provided by the Commission. However, to the extent that any inconsistencies arise between the rules and regulations and the examples, the rules and regulations shall apply.

C.Content

1.Each annual report shall contain the following information:

a.Company Name;

b.Identification of the twelve-month period of the report;

c.Identification of the type of organization (corporation, partnership, Limited Liability Company, etc.)

d.Principal location of operations and address for its offices;

e.Date and state of incorporation, if applicable;

f.A brief description of services rendered by the company;

g.Name and title of the company officer responsible for providing the information contained in the report

h.An attestation, signed and dated by an officer of the company confirming that the information contained in the report is complete and accurate, to the best of that officer’s knowledge;

i.Information regarding officers/directors of the company:

(1)Name, title and address of each officer/director of the company and

(2)Value of salary, fees, and/or fringe benefits paid to each officer/director

j.List of owners/shareholder with an ownership or control interest in the company of 20% or greater;

k.Compensation and benefit information for those individuals whose annual wages exceed $50,000, stating separately the amount of wages, fringes benefits (described), incentive bonuses, etc. for each such individual listed;

l.Itemization of important changes that occurred during the reporting year, including:

(1)Changes in services/operating schedules of the vessels owned by the reporting company; or a filing of the current operating schedule;

(2)Acquisition of ownership in other company in other companies, indicating all acquisitions where a majority of ownership has been acquired by the reporting entity;

(3)Acquisition through lease or purchase of additional vessels, including obligations entered into to have a vessel constructed for use by this reporting entity;

(4)Terms of sale or sublease of vessels owned by the reporting entity;

(5)Obligations incurred as a result of issuance of securities or assumption of liabilities or guarantees;

(6)Fines or penalties assessed by any local, state or federal agency/service that has jurisdiction over operations where such fines and penalties exceed $500

(7)Changes in articles of incorporation or amendments to charter, explaining the nature and purpose of such changes or amendments

(8)State briefly the status of any legal proceeding pending at the end of the year, and the results of any such proceeding culminated during the year

m.Balance Sheet

n.Income Statement and Changes in Retained Earnings

o.If available, notes to financial statements including:

(1)Whether the financial statements have been audited by an outside firm and whether the financial statements contained in this report correspond to those in the audited reports of the company;

(2)Particulars regarding any significant contingent assets or liabilities existing at year-end including an explanation of any action initiated by the Internal Revenue Service or any other regulatory body;

(3)An explanation of any restatements on the prior fiscal year’s financial statements;

(4)An explanation of any restrictions on assets or capital surplus of the company;

(5)The failure to meet any loan covenants or restrictions;

(6)Any other pertinent information that would be disclosed in footnotes for general purpose financial statements.

p.Itemized list of all outside professional services including legal, fiscal, engineering, design services, etc. where individual/firm’s compensation was in excess of $5,000. The list shall include the name of the vendor, description of the work performed, and the dollar amount paid;

q.Disclosure information related to transactions with affiliated companies and/or individuals where the value of such transaction is $1,000 or greater;

r.Outstanding loan information presenting, for each effective loan, the lender’s name, due date of the loan, annual interest rate, description of collateral pledged, beginning and end of year balance, and interest paid during the year;

s.Dividend payment information for preferred and common stock for the current and prior fiscal years. Include number of shares outstanding, dividend payment date(s), and amount stated as dollars per share and in total;

t.A summary of the capital assets and depreciation by asset category;

u.List vessels owned or leased, and for each vessel owned, report the name of the vessel, date of acquisition, depreciable life (years), original cost, accumulated depreciation, net book value, number of months in service (current year); for each vessel leased, report the name of the vessel, name of lessor, beginning date of lease, duration of lease (years), current year lease payments, number of months in service (current year).

v.A summary of insurance carried;

w.To the extent that it is available, the following statistical information is to be listed by month:

(1)Number of passengers transported;

(2)Amount of cargo transported;

(3)Number of vehicles transported;

(4)Number of tickets sold, categorized as passenger, vehicle or cargo and whether it is one-way or round trip or seasonal;

(5)Revenue from sales for each of the above categories.

D.Access to Public Records Act

1.The information contained in the annual report is deemed to be “public information” unless it falls under the exceptions set forth in R.I. Gen. Laws § 38-2-2 and/or granted protection from disclosure by the "Public Utilities Commission Rules of Practice and Procedure" Rule 1.2(g).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2003-09-25 to 01/04/2022
Adoption — effective from 2003-09-25 to 09/25/2003

Chapter 10 Consumer Protection

Subchapter 00

810-RICR-10-00-1 Rules and Regulations Governing the Termination of Residential Electric, Gas and Water Service

810-RICR-10-00-1 § 1.1 Authority and Purpose

These rules and regulations are promulgated and are adopted by the Public Utilities Commission.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.2 Definitions

A. The following terms are used throughout the Rules and Regulations and shall be defined as follows:

“Residential customer” means a person whose utility service is provided to that person's primary single unit dwelling place on a permanent basis.
“Primary residence” means a person's permanent dwelling place or the equivalent. A person shall be deemed to have one permanent residence.
“Transient or seasonal customer” means a person who utilizes utility service at a particular address on a nonpermanent or seasonal basis. The term transient or seasonal customer shall include, but not be limited to, college students who do not establish permanent residence and customers whose utility service is provided to a vacation dwelling.
“Secondary residence” means a dwelling place other than a person's primary residence.
“Protected status customer” means a residential customer about whom the public utility has evidence that the customer is:

a. unemployed as demonstrated through verification by DLT that the person is currently receiving unemployment compensation;

b.elderly or handicapped, as defined by § 1.4(K)(1)(a) of this Part;

c.recipients of Low Income Heating Assistance Program (LIHEAP); or

d.seriously ill, as defined by § 1.2(A)(8) of this Part

e. living in a residence where there is domiciled a person under the age of two (2) years and there is a financial hardship.

f.A utility “has evidence” that a person is a Protected Status Customer when the utility has written verification from a legitimate agency that such person falls within one of the above-listed categories of Protected Status Customers (e.g. Rhode Island drivers license showing age, DLT photo identification card, a letter from a licensed physician showing that a person is seriously ill or handicapped, a Social Security Number, written verification of LIHEAP enrollment, written verification of eligibility for food stamps);

“Eligible for termination” means a residential customer whose service may be terminated pursuant to § 1.3(B) of this Part;

7.“Financial hardship category” means those families or groups of unrelated individuals residing in one dwelling unit with a combined gross income equal to or less than seventy-five percent of the Rhode Island median income as calculated by the U.S. Bureau of Census and as adjusted for family or group size by the U.S. Department of Health and Human Services regulation 45 C.F.R. § 96.85 or its successor regulation. (§ 1.20 of this Part (Appendix A) sets out the Rhode Island median for family or group size and shall be regularly updated in accordance with HHS regulations governing the federal low-income Home Energy Assistance Program.) Households can qualify under the financial hardship category based on either their annual income or their income over the most recent three (3) months;

8."Seriously ill" means an illness that is life-threatening or that will cause irreversible adverse consequences to human health or that has a significant potential to become life threatening or to cause irreversible adverse consequences to human health;

9.“Utility termination moratorium period” means the period of time between 12:01 a.m. on November 1st and 11:59 p.m. on May 1st of each year.

10.“Multi-language utility service termination card” means a card that includes the following statement in English, Spanish, Portuguese, French and any other languages that either the utility deems appropriate or that are required for a specific utility by the Division based on the majority demographics of its customer base: “I am here to terminate service to this home for failure to pay. I have a document showing the amount due on your account. If you can not pay this now, please provide me with access to your meter.”

11.“Very low income customer” means a LIHEAP eligible household with a gross annual income equal to or less than one-hundred twenty-five percent (125%) of the Federal poverty guideline for the household, as verified by the Office of Energy Resources or other applicable agency.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.3 Termination of Service

A. APPLICABILITY: These regulations shall apply to all individuals, partnerships, associations, corporations, municipalities, and cooperatives which are under the jurisdiction of the Public Utilities Commission and which own or operate electric, gas, or water utilities in the State of Rhode Island. They shall apply only to residential customers of the public utility and shall not be applicable to commercial or industrial customers.

B. TERMINATION: Subject to the requirements of these regulations, a public utility may terminate service to a residential customer, if:

The customer fails within a reasonable time to pay any proper utility bill rendered in accordance with tariffs on file with the Public Utilities Commission, or fails to pay the undisputed portion of a bill that is subject to dispute pursuant to § 1.8(B) of this Part or
The customer violates a rule or regulation of the public utility on file with the Public Utilities Commission or
Disconnection is necessary for reasons of health, safety, or state or national emergencies or

4.The customer fails within a reasonable time to make a payment pursuant to, or otherwise fails to abide by, the terms of any agreement approved by the Public Utilities Commission, the Administrator of the Division of Public Utilities and Carriers, a designee of the Public Utilities Commission or Administrator of the Division of Public Utilities and Carriers or an order issued pursuant to these regulations or

The customer fails within a reasonable time to make a payment pursuant to, or otherwise fails to abide by, the terms of a residential payment plan to which the customer has agreed.

C. Failure by a public utility to exercise its right under these regulations to disconnect service shall not affect a customer's liability, if any, for the debt.

D.A "reasonable time" as used in this section shall mean forty (40) days after the mailing date of the original bill or ten (10) days after a payment was due pursuant to a § 1.3(B)(4) of this Part agreement or § 1.3(B)(5) of this Part residential payment plan, whichever is longer.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.4 Insufficient Reasons for Termination

A. The following shall not constitute sufficient grounds for termination of utility service:

Customer's failure to pay for merchandise, appliances, or rentals or service calls on rentals,
Customer's failure to pay for concurrent service received at a different metering point, residence or location,
Customer's failure to pay for a different class or type of utility service received at the same or a different location, provided that where more than one meter is employed at the same location for the purpose of obtaining preferential rate treatment, such service shall be construed as one service class or type.

B. No public utility shall disconnect service to the permanent residence of the customer during such times as any resident therein is seriously ill, as certified to the public utility or to the Division of Public Utilities and Carriers by a licensed physician. A licensed physician's certification of serious illness shall be sufficient if initially made by telephone. In such event the public utility or the Division, whichever received initial certification, shall inform the certifying physician that he or she must forward to the public utility within seven (7) days a written certification indicating the name and address of the seriously ill person, the nature of the illness, and its likely duration. The public utility shall acknowledge receipt of such written certification and shall notify the customer in writing of the date upon which service will be terminated unless the customer

arranges for payment of this bill with the public utility pursuant to § 1.8(B) of this Part, or
requests a hearing pursuant to §§ 1.8(A) or (D) of this Part or
enrolls in a residential payment plan or other payment arrangement. The termination date shall be not less than three (3) weeks from receipt by the public utility of the written certification. If the duration of the illness exceeds three (3) weeks from the certification to the public utility, the customer may request a review pursuant to §§ 1.8(A) or (D) of this Part to determine whether the initial exemption shall continue, for how long, and under what circumstances.

C. A public utility must honor a licensed physician's certification of serious illness, but may seek Division review of the validity of the certification pursuant to § 1.13 of this Part.

D. If a licensed physician's certification does not comply with the requirements of this subsection and is rejected by a public utility, the public utility must inform the customer immediately in writing of the reasons for rejection of the certification and the customer's right to have the Division review the utility's rejection of the certification pursuant to § 1.9 of this Part.

E. Non-termination for any reason does not in any way relieve the customer of liability incurred for utility services.

F. During the utility termination moratorium period, no gas or electric public utility subject to these regulations shall terminate service to any residence for nonpayment of a delinquent account, where such service is the primary source of heat, except where the delinquent balance of the account exceeds $500.00, and where such service is not the primary source of heat, except when the delinquent balance exceeds $200.00. For purposes of this subsection a "delinquent balance" shall be that amount which has been unpaid for at least ten (10) calendar days after a payment was due.

G.During the utility termination moratorium period, no gas or electric public utility subject to these Rules and Regulations shall terminate service to a residence for nonpayment of utility charges where the public utility has evidence that the person or persons whose services are scheduled to be terminated is a Protected Status Customer.

H.In those instances where a Protected Status Customer has his or her utility service terminated because he or she and/or the public utility are unaware of that individual’s protected status, that individual’s utility service shall be restored immediately.

I.The public utility shall inform each customer who receives a termination notice in accord with § 1.5 of this Part of the availability of the moratorium protections.

J. Termination of Service in Cases Involving Marital Dispute

No public utility subject to these regulations shall terminate service to a customer for nonpayment of utility charges where the public utility is advised by the spouse of the named customer or the named customer that the reason for nonpayment is the absence of the named customer or the major wage-earning spouse from the residence because of a marital dispute, and where the spouse remaining in the residence:

establishes by independent evidence that the named customer or major wage-earning spouse is no longer living at the residence. A copy of a Petition for divorce or separation, or a letter attesting to a pending divorce or separation proceeding from legal counsel, or proof of eligibility for Aid to Families with Dependent Children, or other evidence satisfactory to the public utility, shall constitute sufficient independent evidence under this subsection,
agrees to provide information concerning the location and employment of the named customer or the major wage-earning spouse, and
agrees to establish a new account in his or her own name for prospective charges and to make a deposit as security for payment of prospective charges, if a deposit would be otherwise permitted under these Rules and Regulations.

K. Termination of Service in Cases Involving Elderly and/or Handicapped.

1.Every public utility shall devise procedures and methods reasonably designed to identify, before termination of service for failure to pay an outstanding indebtedness for such service, accounts affecting households in which all adult residents are sixty-two (62) years of age or older (for purposes of this entire document, this includes a household in which there is only one adult member and that adult member is 62 years of age or older) or in which any resident is handicapped. A member of such a household may request the protection afforded by these rules by submitting to the public utility on a form supplied by the public utility the account number, the service address, and, in the case of the elderly, name, date of birth, and Social Security number of each elderly member of the household and, in the case of the handicapped, appropriate identification criteria for each handicapped member of the household.

a.For the purpose of determining whether all adult residents in a household are sixty-two (62) years of age or older, the electric, gas or water utility may request that the customer, in whose name the service is listed, furnish certified copies of birth certificates or other documentation such as, but not limited to, marriage certificates, for all of the adult members of that household.

b. For the purpose of determining whether any resident is handicapped, the electric, gas or water utility may request that the customer, in whose name the service is listed, submit an affidavit setting forth the following or similar facts: "residing permanently at this address is (name), (date of birth), who is related to me as (state relationship) (or who is not related to me), and who has a physical or mental impairment (state impairment with particularity) which substantially limits one or more of such person's major life activities, and which would ordinarily prove a serious hindrance to obtaining employment. This impairment is material, rather than slight, relatively static as distinguished from definitely active or rapidly progressive, and relatively permanent in that it is seldom fully corrected by medical replacement, therapy or surgical means."

2.Upon receipt, the public utility will verify the information and identify the accounts. The public utility will send notification to the households stating that records have been appropriately noted and that as long as the outlined conditions exist, the public utility will not terminate service for failure to pay without the approval of the Division of Public Utilities and Carriers.

Written approval from the Division of Public Utilities and Carriers must be obtained by the public utility before terminating service in a household in which all adult residents are sixty-two (62) years of age or older, or in which any resident is handicapped.
On receipt from a public utility of an application to terminate service, the Division of Public Utilities and Carriers (Division) in the course of an investigation will establish that:

athe residents of the household have received proper notification, and

bthe public utility has in good faith attempted to secure payment by reasonable means other than termination and has not refused to accept payment arrangements that are just and equitable. The Division may hold hearings as a result of the investigation. The Division shall notify the public utility and the residents of the results of the investigation and of any hearing.

If a member of a household in which all adult residents are sixty-two (62) years of age or older, or in which any resident is handicapped so desires, the public utility shall provide to a third person designated by such customer, notices pertaining to termination of service. In no event shall the third party so designated be liable for the account of the customer.
At the time of application for service or with the first bill and thereafter, at least once a year, a public utility shall enclose a written statement with a bill for service that clearly informs customers of the elderly and handicapped protections. The written statement shall include a form that can be returned with a bill payment which allows a customer to identify himself or herself as eligible.

7.Nothing in this § 1.4(K) of this Part shall be construed to supersede the requirements of § 1.4(G) of this Part above.

L.Infant and Hardship Protection

1.No gas or electric company shall terminate gas or electric service in any residence in which there is domiciled a person under the age of two (2) years and the customer’s service has not been previously shut off for nonpayment before the birth of the child; provided, that the customer cannot afford to pay any overdue bill because of financial hardship as defined in § 1.2(A)(7) of this Part.

a.For the purpose of determining whether there is a residence in which there is a person under the age of two (2) years domiciled, the gas or electric company shall require certification from the customer in the form of a birth certificate or other verifiable (i.e. hospital or physician) documentation within seven (7) days of claiming the protection. Such documentation may be mailed to the electric or gas company or sent to the company by facsimile to a number which shall be provided to the customer by the electric or gas company or by the Division of Public Utilities and Carriers.

b.If initial notification is made by telephone to the Division of Public Utilities and Carriers, the Division shall inform the electric or gas company of the customer’s name and information. The Division shall also inform the customer that he or she must forward to the electric or gas company within seven (7) days a birth certificate or other verifiable (i.e. hospital or physician) documentation.

2.Upon receipt of initial notification by the Division of Public Utilities and Carriers or from the customer, the electric or gas company shall review the customer’s account to verify that the customer’s service has not been previously shut off for nonpayment before the birth of the child. In the event the electric or gas company deems a customer ineligible for the protection, the electric or gas company shall immediately notify the customer in writing of the determination and advise the customer of his or her right to a review of the determination to the Division of Public Utilities and Carriers.

3.If the electric or gas company determines the customer’s service has not been previously shut off for nonpayment before the birth of the child, the electric or gas company shall place a seven (7) day hold on the account to prevent termination of service pending receipt of a birth certificate or other verifiable (i.e. hospital or physician) documentation. After the expiration of the seven (7) day period, if the electric or gas company has received no certification from the customer in the form of a birth certificate or other verifiable (i.e. hospital or physician) documentation, termination of service may continue, absent the existence of any other protection to which the customer may be entitled.

4.In the event a customer’s service was terminated after the birth of a child, but before the electric or gas company was notified, the customer may have his or her service restored upon providing the electric or gas company with a birth certificate or other verifiable (i.e. hospital or physician) certification.

5.Upon receipt of a birth certificate or other verifiable (i.e. hospital or physician) documentation from the customer, the electric or gas company shall notify the customer in writing of the protection and the date of expiration of the protection. No less than ten (10) days prior to the expiration of the protection, the electric or gas company shall notify the customer of the impending expiration and shall include any notice of termination of service together with the balance, if any, due on the account and the availability of payment plans.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.5 Notice

A.Service shall not be terminated for nonpayment unless the customer has been sent written notice of the public utility's intention to disconnect, mailed so as to be received, under reasonable circumstances, at least ten (10) days in advance of the date of the proposed disconnection. Notice shall be mailed by the public utility to the address where bills or charges are usually sent. If service is provided at an address other than the billing address or to occupants at the billing address who do not live in the same residential unit as the customer, the public utility shall make reasonable effort to notify such users of the pending termination of service at least ten (10) days prior to termination. In addition to or in lieu of mailing notice to such occupants, the public utility shall attempt to notify such occupants by posting a notice of shutoff on the premises in a conspicuous place or by delivering notices of shutoff. During any notice period, the customer shall either pay the unpaid balance, make a reasonable effort to reach a mutually satisfactory settlement with the public utility, enroll in a residential payment plan or, if agreed to by the Public Utility and customer, institute another payment arrangement. Where disconnection is necessary for reasons of health, safety, or state or national emergencies, the public utility shall attempt to provide as much advance notice of the utility's intention to disconnect service as is reasonably possible under the circumstances.

B.Where service is provided to a residence and the account is in the name of one who does not reside in the residence, the public utility, prior to disconnecting service for nonpayment of a bill, shall afford the person or persons receiving service notice a reasonable opportunity to negotiate directly with the public utility and to purchase service in their own names.

C.The notice sent to the customer shall contain a direct and specific explanation, in easily legible, conspicuous print, of the following:

1.The particular ground upon which the proposed disconnection is based;

2.The public utility's intention to discontinue service unless the customer either pays the bill, reaches a mutually satisfactory settlement with the public utility or seeks review of the bill pursuant to these regulations;

3.The date on, or within a reasonable time after which, service will be disconnected if the customer does not take appropriate action;

4.The name and telephone number of the public utility's office or employee to whom the customer may address any inquiry or complaint;

5.The customer's right to submit the matter to: Reviewing Officer, Division of Public Utilities and Carriers, 89 Jefferson Boulevard, Warwick, RI 02888 Telephone - 780-9700, and a statement that service will not be disconnected pending proceedings before a reviewing officer appointed by the Administrator of the Division of Public Utilities and Carriers;

6.A statement that the customer should not submit the matter to the Division of Public Utilities and Carriers until he or she has first discussed the case with a representative of the public utility;

7.A statement that if there is a seriously ill resident in the home, disconnection will be postponed upon presentation of the doctor's certificate and subject to the conditions described in § 1.4(B) of this Part, above;

8.A statement that if any resident in the home is handicapped, and/or all residents of the home are elderly, disconnection may be averted in accordance with the safeguards and protections contained in § 1.4(K) of this Part upon the conditions described therein;

9.A statement that if any resident in the home is under two (2) years and the customer’s service has not been previously shut off for nonpayment before the birth of the child, and there is a financial hardship, disconnection may be averted in accordance with the safeguards and protections described in § 1.4(L) of this Part, above.

10.A statement which informs the customer that he or she may be protected from disconnection during the period between 12:01 a.m. on November 1st and 11:59 p.m. on May 1st in accordance with § 1.4(F) of this Part and § 1.4(G) of this Part; and

11.A statement which informs the customer of his or her right to enroll in a residential payment plan as described in § 1.9 of this Part.

12.A statement that the State of Rhode Island, through the Low Income Heating and Assistance Program, provides eligible customers with public energy assistance aid. Customers who believe they may qualify for such assistance should contact their local Community Action Program.

D.Each utility shall include on all final notices of termination the statement in English, Spanish, Portuguese, and French and any other languages the utility deems appropriate, the following: “THIS IS A UTILITY SERVICE TERMINATION NOTICE. TRANSLATE IMMEDIATELY.” and the appropriate symbol for termination as set out in § 1.22 of this Part (Appendix C).

E.The contents of the notice shall be limited to the matters described above and shall not, without authorization from the Division, include any other statements or items, provided, however, that where notice is given to an occupant who is not responsible for payment of the utility charges, the provisions of § 1.4(C) and § 1.4(E) of this Part shall not be applicable.

F.During the utility termination moratorium period, no public utility subject to these Rules and Regulations shall terminate service to a residential customer unless it has, at least forty-eight (48) hours (not including Saturday, Sunday or holidays) prior to said termination, filed with the Division an affidavit of one of its employees in the form approved by the Division (see Forms I, II and III in § 1.21 of this Part (Appendix B)), which states under oath the following:

1.That subsequent to expiration of the 10-day period set out in its shutoff notice (a copy of which shall be attached to the affidavit), the affiant has personally called at the customer's residence and has spoken directly with the customer or with an adult found within said residence, and that the affiant has advised the person to whom he has spoken that service will be terminated unless within forty-eight (48) hours the customer makes satisfactory arrangements with the public utility or follows the procedures for obtaining a review by the Division, that he has informed the person to whom he has spoken of procedures for obtaining such review, that in the affiant's opinion the person to whom the affiant spoke understood the communication, and that during his visit the affiant advised the person to whom he has spoken of the protections available under §§ 1.4(B) through (K) of this Part and neither observed nor was informed of any circumstances, including illness, which would make termination of service a violation of these Rules and Regulations. Or in the alternative,

2.That subsequent to the expiration of the 10-day period set out in the shutoff notice (a copy of which shall be attached to the affidavit) that the affiant has personally called at the residence of the customer on at least two (2) occasions, one of which was made on a weekday between 5:00 p.m. and 7:00 p.m. or on a Saturday between 9:00 a.m. and 5:00 p.m., that on each occasion the affiant was unable to gain admission or if admitted found no adult person at home, and that the affiant left a written notice containing the information set out above in a form approved by the Division (see Form II in § 1.21 of this Part (Appendix B)) prominently tacked or otherwise affixed to the front door of the customer's residence.

G.Nothing in § 1.5(F) of this Part shall be construed to supersede any of the requirements in § 1.4 of this Part above.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.6 Disconnection

A.Service shall not be disconnected on any Friday, Saturday, Sunday, legal holiday, or day before any legal holiday, or at any time when the public utility's business offices are not open for business. Service may be disconnected only between the hours of 8:00 a.m. and 4:00 p.m. of the date specified in the notice or within a reasonable number of days thereafter. The utility shall have personnel available until 5:00 p.m. or three (3) hours after the time of shutoff, whichever is later, authorized to reconnect service and enter into agreements pursuant to § 1.7 of this Part below.

B.When service is disconnected, the individual making the disconnection shall immediately inform a responsible adult that service has been terminated, or, if a responsible adult is not on the premises at the time of disconnection, the individual making the disconnection shall leave on the premises in a conspicuous place a note or letter advising that service has been terminated. A written notice shall also be given to the responsible adult or left on the premises in a conspicuous place advising that service may be restored immediately if:

1.the customer was validly protected from shut-off during the moratorium period as described in §§ 1.4(F) through (I) or

2.if service is necessary to protect the health, welfare and safety of the residents of the dwelling as described in § 1.17 of this Part, or

3.upon the customer's enrollment in a residential payment plan or some other payment plan arrangement described in §§ 1.3(B)(4) and (5) of this Part.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.7 R estoration of Service

A.If service has been disconnected, the public utility shall restore service promptly:

upon the customer's request when:

a. the cause of the disconnection of service has been removed, or

b.satisfactory credit or payment plan arrangements have been made, or

c.the customer was validly protected from shutoff during the utility moratorium period as described in §§ 1.4(F) through (I) of this Part or

2.upon order of the Public Utilities Commission or in the absence of the Commission, the order of the Associate Administrator for Consumer Affairs or the Chief Consumer Agent of the Division of Public Utilities and Carriers or

3.upon the customer's enrollment in a residential payment plan.

B.The public utility shall endeavor to restore service during the public business hours of the day of the request. At the latest, reconnection shall be made during business hours on the first working day after the day of the request. When the customer requests that service be restored at other than regular business hours, the public utility shall reasonably endeavor to make the reconnection, provided, however, that the public utility shall be under no obligation to do so except when

1.a licensed physician certifies that the health or safety of the customer or of any member of the affected household is endangered, or

2.the customer is seeking restoration of his or her primary source of heat during the utility termination moratorium period, or

3.in the opinion of the public utility, Division of Public Utilities and Carriers or the Public Utilities Commission an emergency exists which requires immediate restoration. The public utility may charge the customer a reconnection fee authorized by the Public Utilities Commission.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.8 Public Utility Responsibilities

A.Customer Inquiries Regarding Disconnects

The public utility shall provide for an officer or employee to be available and prepared during business hours to handle customers' questions and complaints. Such officer or employee shall be capable of rapidly familiarizing himself with the details of the case and shall be authorized and required to answer thoroughly each of the customer's reasonable inquiries.
In handling customer's inquiries regarding disconnects, such officer or employee shall inquire as to the customer's eligibility for the elderly and handicapped protections contained in § 1.4(K) of this Part. In handling inquiries regarding disconnects, such employee shall also inquire as to the customer's eligibility for the protections contained in §§ 1.4(B) through (J) of this Part.

3.Employees responsible for the receiving of customer telephone calls and office visits shall be properly qualified and instructed in the screening and prompt handling of the complaints and service requests to assure prompt reference of the complaint or request to the person or department capable of effective handling of the matter, and to obviate the necessity of the customer's repetition of the entire complaint to employees lacking in ability and authority to take appropriate action.

B.Dispute as to Customer's Liability and/or Conditions of Payment

Where the customer informs the public utility that he or she disputes liability for any part of a bill as rendered, or disputes the terms or conditions of payment, the public utility shall not terminate service therefore, but rather shall investigate the dispute promptly and thoroughly, report the results of its investigation to the customer, and make a diligent attempt to reach a mutually satisfactory settlement as to the dispute. If a mutually satisfactory settlement is not reached, the public utility shall inform the customer of his or her right within the notice period provided in § 1.5 of this Part or within ten (10) days after receipt of the report, whichever is longer, to appeal to the Division of Public Utilities and Carriers for review of the dispute and hearing. If a mutually satisfactory settlement is not reached and the customer does not appeal to the Division within the time permitted, the public utility may disconnect the service subject to all other requirements of these termination rules and regulations.

C.Tender of Payment to Field Personnel

If the public utility sends an employee to the customer's premises for purposes of disconnecting service, and the customer then and there tenders payment of the bill in full or in part in accord with the provisions of the residential payment plan sections of these Rules and Regulations, the service shall not be disconnected. For purposes of this section, the public utility's field personnel and employees shall be deemed to be authorized and shall be required to accept such payment from the customer and to give the customer a receipt for any payment made but shall not be required to make change or to enter into agreements with the customer. Any public utility employee sent to disconnect service shall bring with him either a copy of the customer's bill showing the amount outstanding, or all the information contained therein.

D.Establishment of Residential Payment Plans

Each electric and gas public utility shall make residential payment plans, as described in § 1.9 of this Part, available to each residential customer who desires to enroll in such plan or who is liable to service termination for non-payment of bills. Water public utilities shall have the discretion, but shall not be required, to make such residential payment plans available to residential customers as long as they provide the Commission with evidence that they have a procedure in place to provide reasonable payment plans to customers carrying an unpaid balance.

E.Bill Insert

Gas and electric public utilities will include a bill insert one month prior to the commencement of, and two months prior to the conclusion of, the utility termination moratorium period. The bill insert will inform customers that gas and electric public utilities cannot terminate residential service during the utility termination moratorium period (November 1st to May 1st) for nonpayment of a delinquent account if the customer is a Protected Status Customer (unemployed, seriously ill, elderly, handicapped or a recipient of LIHEAP funds). The bill insert will contain a copy of § 1.10 of this Part, as amended.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.9 Residential Payment Plans

A. Availability of Residential Payment Plans

Each gas and electric public utility shall make available to its residential customers for utility service provided at the customer's primary residence a payment plan which averages estimated utility costs over a ten-month or twelve-month period to eliminate, insofar as it is practicable, seasonal fluctuations in utility bills.
In the event a rate change approved by the Public Utilities Commission becomes effective while a residential customer is enrolled in and in compliance with a payment plan, the effect of the rate change shall be included ratably over the remainder of the payment plan period. Included with the first adjusted bill, the utility shall provide notice to the customer explaining the reason for the change and showing a calculation of how the utility arrived at the new monthly payment.

3.At the end of the ten-month or twelve-month period, if a residential customer chooses to renew a payment plan, any credit or balance due on the customer’s account shall be rolled ratably into the monthly payments due by the customer in the customer’s next payment plan. If a residential customer chooses to maintain an account with the public utility but chooses not to re-enroll at the conclusion of a ten-month or twelve-month payment plan, the customer will have the option of having any balance due be collected over a period of up to six months with a minimum payment of $25 per month. Any credit balance will be applied toward current usage until exhausted.

4.The public utility shall inform all residential customers of the availability of such a payment plan at least twice annually, once in October and once, two months prior to the end of the utility termination moratorium period by means of a written statement which describes the payment plan and shall inform each customer who receives a termination notice in accord with § 1.5 of this Part of the availability of such a payment plan.

5.The requirements of this § 1.9 of this Part shall not be mandatory with regard to seasonal customers, transient customers or to unpaid balances incurred by a residential customer at that customer's secondary or seasonal residence.

B. Definitions

The following terms are defined for purposes of § 1.9 of this Part:

1.“Estimated prospective annual utility cost” means a reasonable estimate of the household's cost of service over the next twelve months. A reasonable estimate shall be based on:

a.The household's usage over the past twelve months in the same dwelling where they now reside.

(1) If a twelve-month history as stated in § 1.9(B)(1)(a) of this Part is not possible, a projection based on the household's past use at the same dwelling where they now reside during at least one month between December and March and at least one month between April and October, or

b. If estimates based on §§ 1.9(B)(1)(a) and 1.9(B)(1)(a)(1) of this Part are not possible, projections which take into account the usage of the prior occupant of the dwelling, the number of the customer's household members, the number of major appliances in the customer's home, the extent to which household members are at home and the use the household intends to make of the utility service.

c. Customers can dispute the estimated prospective annual utility cost by requesting a review by the Division of Public Utilities and Carriers and can renegotiate their payment plan terms at any time based on a revised estimate of prospective annual utility costs. If the customer disputes the estimated prospective annual utility cost, the public utility shall upon request prepare a written statement which details the factors it considered in determining the estimate.

2.“Termination of utility service, service is terminated” means:

a. Disconnection or physical shutoff of utility service; or

b. A visit to a customer’s residence in which an employee of a utility makes personal contact with the customer or with a responsible adult found within said residence, and in which the employee is unable to gain admission for purposes of disconnection of service. In order for such a visit to qualify as a termination for purposes of § 1.9 of this Part, the utility must file with the Division an affidavit of one of its employees in the form approved by the Division (see § 1.21(C) of this Part (Form III) appended hereto) that states under oath that such a visit occurred but that access was denied. The affidavit must indicate that the employee identified himself or herself and indicated he or she was there to terminate service or, if the adult did not speak the same language as the utility employee, that the adult was provided with a multi-language utility service termination card.

3.“Income schedule” means the frequency with which income is received by the customer. This includes, but is not limited to, weekly, bi-weekly, semi-monthly, monthly, or seasonal income.

C.Effect of Residential Payment Plans

While enrolled in a residential payment plan a residential customer's utility service may not be terminated unless the residential customer violates a rule of the public utility on file with the Public Utilities Commission or the Division of Public Utilities and Carriers, disconnection is necessary for reasons of health, safety, or state or national emergencies, or termination is ordered by the Public Utilities Commission.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.10 P rovisions of Residential Payment Plans

A. Maximum Terms

The maximum allowable residential payment plan terms that may be required by a gas, water or electric public utility are set out below. Nothing in these Rules and Regulations shall prevent a gas, water or electric public utility from setting up a standard residential payment plan or a payment plan for an individual residential customer with less stringent requirements.

B. Residential Payment Plans – In General

Each gas and electric public utility shall make available residential payment plans that allow a Protected Status Customer, a residential customer qualified for the financial hardship category, or a residential customer who does not qualify for financial hardship or the Protected Status Customer categories, to maintain or restore service in the event that such customer is Eligible for Termination, or such customer’s service has been terminated. If a public utility has evidence that a residential customer is a Protected Status Customer or is qualified for the financial hardship category, subject to the terms as outlined below, such residential customer shall be allowed to enroll in one of the residential payment plans, subject to and in accordance with the requirements outlined in § 1.10(E)(1) of this Part below, hereinafter entitled “Protected Customer Payment Plans.” If a public utility has evidence that a residential customer is not a Protected Status Customer or is not qualified for the financial hardship category, such customer shall be allowed to enroll in one of the residential payment plans as outlined in § 1.10(E)(2) of this Part below, hereinafter entitled “Standard Customer Payment Plans”.

C.Enrollment

A residential customer shall become enrolled in a residential payment plan upon that customer’s

1.agreeing to a Terms of Agreement for Residential Payment Plan (as set forth in § 1.11 of this Part) that is provided by the public utility, and

2.paying, or arranging for payment of, the initial payment, if any, required under such a Plan. Enrollment shall be available at any time during the year. Subject to the terms of the residential payment plans outlined in § 1.10 of this Part below, enrollment shall be available prior to a residential customer being Eligible for Termination, subsequent to a residential customer being Eligible for Termination, or subsequent to termination of utility service.

D.Disenrollment

1.Protected Customer Payment Plans and Standard Customer Payment Plans

A residential customer who has enrolled in a residential payment plan shall become disenrolled from that plan if that customer fails within a reasonable time to pay any proper utility bill rendered in accordance with tariffs on file with the Public Utilities Commission and/or the Terms of Agreement for Residential Payment Plan agreed to by the customer. For the purposes of this subsection, a “reasonable time” shall be at least forty (40) days after the mailing date of the bill, or ten (10) days after the payment is due, whichever is longer. Upon disenrollment, the public utility may proceed to terminate utility service in accord with the other provisions of these Rules and Regulations, namely, § 1.5 of this Part. Subsequent to disenrollment, in order to maintain or restore service, a residential customer must enroll in a residential payment plan, subject to the terms of the residential payment plans as outlined in § 1.10(E) of this Part below, or must pay 100% of the customer’s unpaid balance.

a. If a customer becomes disenrolled from a payment plan that did not require a down payment to enroll, he or she must enroll in the next step of the payment plan, including making any required down payment, to avoid termination or to restore service. If a customer becomes disenrolled from a payment plan that required a down payment, but prior to termination, is able to provide a payment sufficient to bring his or her account current according to the terms of the payment plan in which the customer became disenrolled, that customer shall be re-enrolled and allowed to continue with the payment plan in which the customer was most recently enrolled. If a customer fails to bring his or her account current under this section within the period of time in which two payments are due on the customer’s payment plan, such customer shall be required to make the initial down payment required under the plan from which the customer was disenrolled, and shall be required to re-negotiate a new residential payment plan in order to maintain service. A customer whose service is terminated shall not be allowed to re-enroll in the plan from which the customer was disenrolled.

2.Arrearage Forgiveness Payment Plan

A residential customer who has enrolled in an Arrearage Forgiveness Payment Plan shall become disenrolled from that plan if that customer fails to remain current with the required payments. Remaining current with payments shall mean that the customer:

a.misses no more than a total of three (3) payments in the thirty-six (36) month period covered by the agreement;

b.misses more than two (2) payments in any one calendar year, provided that such missed payments in a calendar year are not consecutive and that payments for the year are up-to-date by October 31st.

E.Terms of Residential Payment Plans

Each residential payment plan to which a utility customer is a party shall fall within a Step in either the Protected Customer Payment Plans or the Standard Customer Payment Plans. Absent a showing of special circumstances, as determined by the Division of Public Utilities and Carriers, a residential customer shall not be allowed to descend the Steps in the residential payment plans outlined below unless such a residential customer has paid 100% of his or her unpaid balance, in which case such customer shall be entitled to additional residential payment plans as outlined below. A residential customer’s step will increase to Step 3 upon disenrollment from a Step 1 or Step 2 payment plan or upon termination of service. A residential customer’s step will only increase above a Step 3 upon termination of service. (e.g., If a residential customer is disenrolled from a Step 3 Protected Customer Payment Plan, and his or her service is terminated, such customer must enroll in a Step 4 Protected Customer Payment Plan in order to restore service).

1.Protected Customer Payment Plans

A residential customer who qualifies for the financial hardship category or is a Protected Status Customer shall be allowed to enroll in one of the Protected Customer Payment Plans as outlined in this subsection. If such a customer pays 100% of his or her unpaid balance, such customer shall be entitled to additional residential payment plans, starting again at Step 1, as outlined below.

a.Prior to Termination of Utility Service

(1) A residential customer who qualifies for the financial hardship category or is a Protected Status Customer shall be allowed to enroll in a Step 1A Protected Customer Payment Plan, prior to being Eligible for Termination, or subsequent to being Eligible for Termination but prior to termination of utility service, so long as the customer has not defaulted from a previous Step 1A Protected Status Customer Payment Plan or a Step 1C Protected Status Customer Payment Plan in the past, unless the customer has paid 100% of his or her unpaid balance subsequent to defaulting on the prior payment plan. Upon enrollment, the customer must agree to pay either 1/12 of that customer’s unpaid balance plus the current usage for each month during enrollment or 1/12 of that customer’s unpaid balance plus 1/12 of the estimated prospective annual usage per month, whichever produces a lower monthly payment.

(2) The customer shall be entitled to move from a Step 1A Protected Customer Payment Plan to a Step 2 Protected Customer Payment Plan, a one-time payment plan re-negotiation, if the customer renegotiates his or her payment plan prior service termination. In addition, prior to termination of service, a LIHEAP recipient will have the opportunity to renegotiate his or her payment plan at the time when he or she receives a promissory note from the LIHEAP program or the utility receives the LIHEAP grant, whichever occurs first. Provided, however, that if the LIHEAP customer has already been enrolled in a Step 2 Protected Customer Payment Plan, the customer will only be allowed to enter into a payment plan wherein he or she agrees to pay 1/12 of his or her unpaid balance plus 1/12 of the estimated prospective annual usage per month.

b.After Termination of Utility Service

(1)A residential customer who qualifies for the financial hardship category or is a Protected Status Customer shall be allowed to enroll in a Step 1B Protected Customer Payment Plan after his or her service has been terminated, provided the customer was not previously disenrolled from a Step 1A payment plan prior to termination. In order to restore service, the customer must make an initial down payment of 25% of the customer’s unpaid balance and agree to pay either 1/12 of the unpaid balance plus the current usage for each month during enrollment or 1/12 of the unpaid balance plus 1/12 of the customer’s estimated prospective annual usage per month, whichever produces a lower monthly payment.

(2)The customer shall be entitled to move from a Step 1B Protected Customer Payment Plan to a Step 2 Protected Customer Payment Plan, a one-time payment plan re-negotiation, if the customer renegotiates his or her payment plan prior to service termination. In addition, prior to termination of service, a LIHEAP recipient will have the opportunity to renegotiate his or her payment plan at the time when he or she receives a promissory note from the LIHEAP program or the utility receives the LIHEAP grant, whichever occurs first. Provided, however, that if the LIHEAP customer has already been enrolled in a Step 2 Protected Customer Payment Plan, the customer will only be allowed to enter into a payment plan wherein he or she agrees to pay 1/12 of his or her unpaid balance plus 1/12 of the estimated prospective annual usage per month.

c. Six-Month Option

(1) A residential customer who qualifies for the financial hardship category or is a Protected Status Customer shall be allowed to enroll in a Step 1C Protected Customer Payment Plan designed to recover the customer’s unpaid balance over a six-month term. To enroll in a six-month payment plan prior to termination of service, the customer shall be required to pay 1/6 of his or her unpaid balance plus the current usage for each month during enrollment. To enroll in a six-month payment plan following termination of service, the customer shall be required to make an initial down payment of 25% of the customer’s unpaid balance and agree to pay 1/6 of the customer’s unpaid balance plus the current usage for each month during enrollment. Successful completion of a six-month payment plan shall entitle the customer to enroll in any residential payment plan, including another six-month payment plan, appropriate for that customer.

(2) The customer shall be entitled to move from a Step 1C Protected Customer Payment Plan to a Step 2 Protected Customer Payment Plan, a one-time payment plan re-negotiation, if the customer renegotiates his or her payment plan prior service termination. In addition, prior to termination of service, a LIHEAP recipient will have the opportunity to renegotiate his or her payment plan at the time when he or she receives a promissory note from the LIHEAP program or the utility receives the LIHEAP grant, whichever occurs first. Provided, however, that if the LIHEAP customer has already been enrolled in a Step 2 Protected Customer Payment Plan, the customer will only be allowed to enter into a payment plan wherein he or she agrees to pay 1/12 of his or her unpaid balance plus 1/12 of the estimated prospective annual usage per month.

(3)A residential customer who is disenrolled from Step 1A, 1B, 1C or Step 2 of a Protected Customer Payment Plan and whose service is terminated must enroll in a Protected Customer Payment Plan at Step 3 in order to restore service. A residential customer who has not enrolled in a Step 1A, 1B or Step 2 Protected Customer Payment Plan and whose service is terminated must enroll in a Protected Customer Payment Plan at Step 3 in order to restore service. In order to restore service in either case, the customer must make an initial down payment of 25% of the customer’s unpaid balance and agree to pay 1/12 of that customer’s estimated prospective annual usage, plus 1/12 of the customer’s unpaid balance per month.

(4)A residential customer who is disenrolled from a Step 3 Protected Customer Payment Plan and whose service is terminated must enroll in a Protected Customer Payment Plan at Step 4 in order to restore service. In order to restore service, the customer must make an initial down payment of 35% of the customer’s unpaid balance and agree to pay 1/12 of that customer's estimated annual prospective usage plus 1/12 of the customer’s unpaid balance per month. Prior to the termination of service, a customer who is disenrolled from a Step 3 Protected Customer Payment Plan would be allowed to enroll in a new Step 3 plan, provided the customer pays the required 25% down payment and agrees to pay 1/12 of that customer’s estimated annual prospective usage plus 1/12 of the customer’s unpaid balance per month.

(5)A residential customer who is disenrolled from a Step 4 Protected Customer Payment Plan and whose service is terminated must enroll in a Protected Customer Payment Plan at Step 5 in order to restore service. In order to restore service, the customer must make an initial down payment of 50% of the customer’s unpaid balance and agree to pay 1/12 of that customer's estimated prospective annual usage plus 1/12 of the customer’s unpaid balance per month. Prior to the termination of service, a customer who is disenrolled from a Step 4 Protected Customer Payment Plan would be allowed to enroll in a new Step 4 plan, provided the customer pays the required 35% down payment and agrees to pay 1/12 of that customer’s estimated annual prospective usage plus 1/12 of the customer’s unpaid balance per month.

(6)After a residential customer becomes disenrolled from a Step 5 Protected Customer Payment Plan or from any subsequent reasonable payment plan described herein, and following termination of service, the customer and company may establish a reasonable payment plan with a negotiated down payment of at least 50%. When establishing a reasonable payment plan, the company shall consider the income schedule of the customer, if offered by the customer, the customer’s payment history, the size of the unpaid balance and current bill, the amount of time and reason for the delinquency and whether the delinquency was caused by unforeseen circumstances.

(7)The calculation of the total monthly payment under any Protected Customer Payment Plan shall be made after taking into account the customer’s estimated annual payment from the public energy assistance programs, i.e., a written promise made to a utility on behalf of the customer.

d. The terms of each Step of the Protected Customer Payment Plans are as follows:

Step 1A

Protected Customer Payment Plan

Pre – termination

No down payment required

Must pay each month for twelve months the sum of (1/12 of the unpaid balance plus the balance due for current usage) or (1/12 of the unpaid balance plus 1/12 of the prospective usage after reducing the amount due by any public energy assistance funds received or promised).

Not available after disenrollment from a previous Step 1A, Step 1B, Step 1C or Step 2 Protected Customer Payment Plan.

Step 1B

Protected Customer

Payment Plan

Post - Termination

Initial down payment of 25% required

Not available to a customer who has become disenrolled from a Step 1A Payment Plan.

Step 1C

Protected Customer Payment Plan

Six Month Option

Pre –Termination

No down payment required

Must pay each month for 6 months the sum of (1/6 of the unpaid balance plus the amount due for current usage).

Not available to a customer who has become disenrolled from a Step 1A Payment Plan.

Post-Termination

25% down payment required

Must pay each month for 6 months the sum of (1/6 of the unpaid balance plus the amount due for current usage).

Step 2

Protected Customer Payment Plan

Pre-termination

Re-negotiation

No down payment required

LIHEAP recipients may renegotiate one additional time upon receipt of a LIHEAP promissory note or at the time when the utility receives the LIHEAP grant, whichever is first. Customer must pay each month for twelve months the sum of (1/12 of the unpaid balance plus 1/12 of the prospective use after reducing the amount due by the amount of the LIHEAP grant/promise).

Only available prior to termination of service.

Step 3

Protected Customer Payment Plan

Initial down payment of 25% of the customer’s unpaid balance required.

Must pay each month for twelve months the sum of (1/12 of the estimated prospective average annual utility cost less the estimated annual payment from the public energy assistance programs) + (1/12 of the customer’s unpaid balance).

Step 4

Protected Customer Payment Plan

Initial down payment of 35% of the customer’s unpaid balance required.

Step 5

Protected Customer Payment Plan

Initial down payment of 50% of the customer’s unpaid balance required.

Reasonable Payment Plan Based on Individual Case-By- Case Analysis

Customer and company may establish a reasonable payment plan with a negotiated down payment of at least 50%. When establishing a reasonable payment plan, the company shall consider the income schedule of the customer, if offered by the customer, the customer’s payment history, the size of the unpaid balance and current bill, the amount of time and reason for the outstanding bill and whether the delinquency was caused by unforeseen circumstances.

2.Arrearage Forgiveness Payment Plan

A very low income customer who is terminated from gas and/or electric service or has received a notice of termination from the gas or electric company or has received a decision by the Division of Public Utilities and Carriers as being scheduled for actual shut-off of service on a date specified, shall be eligible one time to have electric and/or gas utility service restored providing the following conditions are met:

a. the customer pays twenty-five percent (25%) of the customer's unpaid balance;

b. the customer agrees to pay one thirty-sixth (1/36) of one half (1/2) of the customer's remaining balance per month for thirty-six (36) months;

c.the customer agrees to remain current with payments for current usage; and

d.the customer has shown, to the satisfaction of the division, that the customer is reasonably capable of meeting the payment schedule provided for by the provisions of §§ 1.10(E)(2)(a) and (b) of this Part. The restoration of service provided for by this subsection shall be a one-time right; failure to comply with the payment provisions set forth in this subsection shall be grounds for the customer to be dropped from the repayment program established by this subsection, and the balance due on the unpaid balance shall be due in full and shall be payable in accordance with these Regulations. A customer who completes the schedule of payments pursuant to this subsection shall have the balance of any arrearage forgiven, and the customer's obligation to the gas and/or electric company for such balance shall be deemed to be fully satisfied. The amount of the arrearage so forgiven shall be treated as bad debt for purposes of cost recovery by the gas or the electric company.

e. A customer terminated from service under the provisions of § 1.10(E)(2) of this Part shall be eligible for restoration of service in accordance with the applicable provisions of § 1.10(E)(1)(c) of this Part (Six Month Option).

3.Standard Customer Payment Plans

A residential customer who does not qualify for the financial hardship category and is not a Protected Status Customer shall be allowed to enroll in a Standard Customer Payment Plan as outlined in this subsection. Such a customer shall be limited to a maximum of three (3) residential payment plans in the Standard Customer Payment Plans before such customer may be required to pay up to 100% of his or her unpaid balance to restore service. If such a customer pays 100% of his or her unpaid balance, such customer shall be entitled to three (3) additional residential payment plans, as outlined in this subsection.

a.Prior to Termination of Utility Service

(1) A residential customer who does not qualify for the financial hardship category and is not a Protected Status Customer shall be allowed to enroll in a Step 1A Standard Customer Payment Plan prior to termination of utility service so long as the customer has not defaulted from a previous Step 1A Standard Customer Payment Plan or a Step 1B Standard Customer Payment Plan in the past, unless the customer has paid 100% of his or her unpaid balance subsequent to becoming disenrolled from the prior payment plan. Upon enrollment, the customer must agree to pay for twelve months, 1/12 of that customer’s estimated prospective annual usage plus, for each of the first six months of the plan, 1/6 of the customer’s unpaid balance.

(2)The customer shall be entitled to move from a Step 1A Standard Customer Payment Plan to a Step 2 Standard Customer Payment Plan, a one-time payment plan re-negotiation, if the customer renegotiates his or her payment plan prior to service termination.

(3)A residential customer who does not qualify for the financial hardship category and is not a Protected Status Customer who becomes disenrolled from a previous Step 1A or Step 2 Standard Customer Payment Plan must enroll in a Standard Customer Payment Plan at Step 3 in order to establish another payment plan.

b. Six-Month Option

(1)Prior to termination of utility service, a residential customer who does not qualify for the financial hardship category and is not a Protected Status Customer shall be allowed to enroll in a Step 1B Standard Customer Payment Plan designed to recover the customer’s unpaid balance over a six-month term so long as he or she has not become disenrolled from a previous Step 1A Standard Customer Payment Plan or a Step 1B Standard Customer Payment Plan in the past, unless the customer has paid 100% of his or her unpaid balance subsequent to defaulting on the prior payment plan. To enroll in a six-month payment plan prior to termination of utility service, the customer shall be required to pay 1/6 of his or her unpaid balance plus the current usage for each month during enrollment. Successful completion of a six-month payment plan shall entitle the customer to enroll in any residential payment plan, including another six-month payment plan, appropriate for that customer

(2)The customer shall be entitled to move from a Step 1B Standard Customer Payment Plan to a Step 2 Standard Customer Payment Plan, a one-time payment plan re-negotiation, if the customer renegotiates his or her payment plan prior to service termination.

(3)A residential customer who does not qualify for the financial hardship category and is not a Protected Status Customer who becomes disenrolled from a previous Step 1B or Step 2 Standard Customer Payment Plan must enroll in a Standard Customer Payment Plan at Step 3 in order to establish another payment plan.

c.After Termination of Utility Service

(1)In order to restore service after termination, a residential customer must enroll in a Step 3 Standard Customer Payment Plan or pay 100% of his or her unpaid balance. In order to enroll in a Step 3 Standard Customer Payment Plan and have service restored, the customer must make an initial down payment of 60% of the customer’s unpaid balance and agree to pay for twelve months, 1/12 of that customer’s estimated prospective annual usage plus, for each of the first three months of the plan, 1/3 of the customer’s unpaid balance.

(2) A residential customer who is disenrolled from a Step 3 Standard Customer Payment Plan and whose service has been terminated, may be required to pay up to 100% of the customer’s unpaid balance in order to have service restored. Prior to the termination of service, a customer who is disenrolled from a Step 3 Standard Customer Payment Plan would be allowed to enroll in a new Step 3 plan, provided the customer pays the required 60% down payment and agrees to pay 1/12 of that customer’s estimated annual prospective usage plus 1/3 of the customer’s unpaid balance per month for the first 3 months of the plan.

d.The terms of each Step of the Standard Customer Payment Plans are as follows:

Step 1A

Standard Customer Payment Plan

Pre-Termination

No down payment required.

Must pay each month the sum of (1/12 of the estimated prospective annual utility cost) + (1/6 of the customer’s unpaid balance for the first 6 months of the plan).

Not available to customers after termination of service or after disenrollment from a previous Step 1A or Step 1B plan.

Step 1B

Standard Customer Payment Plan

Pre-Termination

Six Month

Option

No down payment required.

Must pay each month the sum of (1/6 of the unpaid balance plus the amount due for current usage).

Not available to customers after termination of service or after disenrollment from a previous Step 1A or Step 1B plan.

Step 2

Standard Customer Payment Plan

Pre-Termination

Re-negotiation

No down payment required.

Must pay each month the sum of (1/12 of the estimated prospective average annual utility cost) + (1/6 of the customer’s unpaid balance for the first 6 months of the plan).

Not available to customers after termination of service.

Step 3

Standard Customer Payment Plan

Post-Termination

Initial down payment of 60% of the customer’s unpaid balance required.

Must pay each month the sum of (1/12 of the estimated prospective annual utility cost) + (1/3 of the customer’s unpaid balance for the first 3 months of the plan).

Step 4

Post-Termination

100% may be required

A customer may be required to pay up to 100% of the customer’s unpaid balance to restore service.

F.Record Keeping

Each public utility shall maintain records of each residential customer’s payment history, and each residential customer’s enrollment in, and disenrollment from, utility’s residential payment plans. Such records shall be used to determine the Step of the Protected Customer Payment Plans or the Standard Customer Payment Plans, if any, at which a residential customer is eligible to enroll. Such records may be maintained using the utility’s billing system.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.11 Terms of Agreement

A. Each Terms of Agreement for Residential Payment Plan shall include a plain statement of each requirement of the payment plan, the exact monthly amounts to be paid by the customer, the date on which such payments are due to be paid and the manner in which payments can be made.

B. The form for the Terms of Agreement for Residential Payment Plan shall be submitted to and approved by the Division of Public Utilities and Carriers prior to its use.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.12 Proof of Financial Hardship

A.Each public utility customer who seeks enrollment in a residential payment plan under the financial hardship category shall annually affirm in writing that his or her family or group income is at or below the annual or quarterly gross income levels established for financial hardship in these Rules and Regulations. The utility will provide customers with a copy of the Financial Hardship Statement (See Form V in § 1.21 of this Part (Appendix B)) on an annual basis in a separate mailing. The notice included in the mailing will explain the purpose of the Statement and indicate that the Statement must be returned within forty (40) days of the mailing date.

B.Affirmation forms for implementation of paragraph 6A above shall be prepared by each public utility and shall be approved prior to use by the Division of Public Utilities and Carriers.

C.If the utility has reason to believe that a customer, who has applied for enrollment, or who has enrolled, in a residential payment plan under the financial hardship category, does not in fact qualify for the financial hardship category, the public utility shall inform the Division of Public Utilities and Carriers. The Division of Public Utilities and Carriers shall then investigate and promptly determine whether the customer qualifies for the financial hardship category. In the course of its investigation the Division of Public Utilities and Carriers may require that the customer provide copies of such documentation as is necessary to accurately establish the customer's annual or quarterly family or group income. The Division of Public Utilities and Carriers shall send written notice of the results of its investigation to the public utility and customer along with a notice of the customer's right to appeal such a decision pursuant to § 1.13(D)(2) of this Part. The public utility and customer shall abide by the results of the Division of Public Utilities and Carriers investigation unless revised on appeal.

D.Within ten (10) days after receiving written notice pursuant to § 1.12(C) of this Part above, a customer or public utility aggrieved by the results of the Division of Public Utilities and Carriers investigation shall request a hearing before the Administrator of the Division of Public Utilities and Carriers or designee of the Administrator of the Division of Public Utilities and Carriers. Such hearing shall be conducted in accord with § 1.14 of this Part.

E.During the pendency of a Division of Public Utilities and Carriers investigation pursuant to § 1.12(C) of this Part above, or during the pendency of a hearing pursuant to § 1.12(D) of this Part above, the public utility may not refuse the customer enrollment in a residential payment plan under the financial hardship category if that customer complies with all other requirements of these Rules and Regulations.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.13 Review Procedures

A. Informal Review by the Division of Public Utilities

In the event of a dispute between the public utility and the customer which cannot be adjusted with mutual satisfaction after an initial consultation with an employee of the Consumer Section of the Division of Public Utilities and Carriers, the customer or the public utility may request a review by the Administrator of the Division of Public Utilities and Carriers or his designee who shall investigate the complaint, afford each party to the dispute a reasonable opportunity to be heard, and communicate his findings to the parties. During the pendency of such review the utility shall not discontinue service to the customer due to the circumstances out of which the dispute arose. The customer or the public utility may request a review of the disputed issue at any time and the request may be made in any reasonable manner including telephoning the Division of Public Utilities and Carriers.

B.Requests for informal review regarding disputes about the amount or payment of bills must be made within the notice period as defined in § 1.13(D) of this Part or, in the case of a dispute regarding other than the amount or payment of bills, within ten (10) days after the public utility action or decision which is disputed.

C. Informal Review Procedure

An informal review shall consist of a factual investigation into the dispute by a reviewing officer designated by the Administrator of the Division of Public Utilities and Carriers. Each party to the dispute shall be afforded a reasonable opportunity to be heard. Upon completion of the review the reviewing officer shall render a written decision and order.
Where a disputed issue involves an outstanding bill for previous residential utility service or a delinquent account and the reviewing officer finds that the debt is owed or that the account is delinquent and the customer does not have and cannot obtain funds to pay the debt or delinquent account in full on demand, the reviewing officer shall mandate the terms and conditions of a deferred payment agreement consistent with the applicable Residential Payment Plan provisions of these Rules and Regulations. Payment terms which are less stringent than the applicable Residential Payment Plan and which allow a customer to pay the outstanding bill in other reasonable installments may be ordered at the discretion of the reviewing officer in extraordinary situations.
The informal review shall be completed promptly in all cases where the customer is without service.

D. Decision of Reviewing Officer

1 A written notice of decision and order after informal review shall be sent to the parties and their counsel.

2.A notice of decision and order must contain the following information, as appropriate:

a.A statement of the decision and order and a statement of the material facts underlying that decision and order;

b.The date of proposed terminations, if known and applicable,

c.A statement of the right of any party to an evidentiary hearing before the Administrator of the Division of Public Utilities and Carriers or designee of the Administrator prior to termination, if applicable, or promptly if services have been terminated, should the reviewing officer's decision be disputed,

d.A statement which specifies the procedure for initiating an evidentiary hearing as set forth in § 1.14 of this Part, and

e. A statement of the right to retain, and to be represented by, counsel or another person of choice.

Service may not be discontinued during the informal review procedure or for at least ten (10) days after notice of decision is mailed.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.14 Hearing

A. Any party aggrieved by the decision of a reviewing officer after informal review shall have a right to an evidentiary hearing before a hearing officer designated by the Administrator of the Division of Public Utilities and Carriers to conduct hearings under this section. The hearing officer conducting the hearing shall not have been involved in the informal review or in any other proceeding relating to the current dispute. A request for an evidentiary hearing must be made within ten (10) days of receipt of a decision resulting from informal review. Where a request is made within ten (10) days from the date of mailing the notice of decision after informal review, any termination permitted by the decision and order of the reviewing officer shall be suspended pending the decision and order of a hearing officer under this section. A request for a hearing may be made in any reasonable manner such as by written notice or telephoned request directed to the Division of the Division of Public Utilities and Carriers or its personnel. Upon receipt of a request for an evidentiary hearing, the Administrator shall:

1.Schedule an evidentiary hearing to be held within thirty (30) days or within fourteen (14) days when restoration of services is the subject of the dispute, and

2.Notify all parties and their counsel of the hearing.

B. Hearing Procedure. As part of an evidentiary hearing, the parties shall have the following rights:

1.the right to appear in person and to retain, and be represented by, legal counsel or another person in accordance with Rhode Island state law.

2.the right to present evidence, both oral and documentary,

3.the right to present both oral and written argument,

4.the right to confront and cross-examine witnesses,

5.the right to have witnesses and documents subpoenaed pursuant to Rhode Island General Laws Sections 39-1-13 and 39-1-15,

6.the right to examine a list of all witnesses who will testify for the adverse party and all documents, records, files, account data, and similar material which may be relevant to the issues to be raised at the hearing at least ten (10) days prior to a scheduled hearing, and

7.the right to a record of the hearing proceedings.

C.Notice of Decision

1.A written notice of decision after evidentiary hearing shall be sent to the parties and their counsel. This notice shall be given by first class mail at least ten (10) days prior to any termination permitted after evidentiary hearing.

The notice of decision shall:

a.set forth all findings of fact and law,

b.set forth the decision and order which shall include any termination date,

c.set forth the reasons for the decision and order, and

d.set forth the right to judicial review by any party aggrieved by the decision and order.

3.The decision and order after evidentiary hearing shall govern the terms and conditions of continuation, termination or restoration of utility service.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.15 Jurisdiction to Grant Exception

A. The Public Utilities Commission or Administrator of the Division of Public Utilities and Carriers retains the jurisdiction to grant an exception to the provisions of these regulations to any party for good cause shown.

B. Notwithstanding anything in the forgoing, if special circumstances warrant, the Division of Public Utilities and Carriers shall have the authority, after an informal or formal hearing, or after an informal investigation, to require a public utility to adjust the terms of a customer’s residential payment plan under either the Protected Customer Payment Plans outlined in § 1.10(E)(1) of this Part, or the Standard Customer Payment Plans outlined in § 1.10 (E)(2) of this Part.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.16 Judicial Review

The decision and order after evidentiary hearing may be reviewed as set forth in R.I. Gen. Laws Title 39 (as amended), and the State Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35 (as amended).

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.17 Restoration of Service by Order of the Public Utilities Commission

A. Emergency Restoration Order: The Administrator of the Division of Public Utilities and Carriers or his designee shall have the emergency authority to order immediate restoration of utility service when restoration of such service is necessary to protect the health, welfare and safety of the residents of the dwelling to which utility service has been terminated. The Administrator’s designee under this Section shall not have been involved in prior review of the customer’s account.

B. If there is no Division of Public Utilities and Carriers employee available to act as the Administrator’s designee, the Public Utilities Commission or, in the absence of two or more Commissioners, one Commissioner, may order any utility service immediately restored, pending hearing and decision by the Division of Public Utilities and Carriers, when restoration of such service is necessary to protect the health, welfare and safety of the residents of the dwelling to which utility service has been terminated. In considering the request, the Commission will determine whether the requestor has attempted to avoid termination through the procedures set forth in these Rules and will not act as an appellate body to the Division of Public Utilities and Carriers. Further, in addition to obtaining information from the requestor, the Commission will seek input from the utility company and Division of Public Utilities and Carriers prior to making any decision and if quorum exists, will comply with the Open Meetings Laws of the State of Rhode Island.

C. An order granting or denying the restoration of services pursuant to §§ 1.17(A) and (B) of this Part, above, shall be issued promptly.

D. Restoration Ordered: Referred to Division

If utility service is ordered restored pursuant to §§ 1.17(A) and (B) of this Part above, the Public Utilities Commission shall immediately refer the matter to the Division of Public Utilities and Carriers with instructions to hold a hearing and render a decision pursuant to § 1.14 of this Part and shall relinquish jurisdiction of the matter to the Division of Public Utilities and Carriers.

E. Denial of Restoration

Any order issued pursuant to §§ 1.17(A), (B), or (C) of this Part above, denying restoration of services shall be subject to the appropriate review procedures set forth in § 1.14 of this Part.

F. Summer Moratorium

Every public utility subject to these regulations shall not terminate the service of any residential customer for non-payment on those days for which the National Weather Service has issued a heat advisory or excessive heat warning for Rhode Island.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.18 R epeal of Prior Regulations

All Rules and Regulations Governing the Termination of Residential Electric, Gas and Water Utility Services adopted on prior dates are hereby repealed and superseded by these Rules and Regulations in their entirety.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.19 Severability

A.The provisions of these Rules shall be severable and if the application of any clause, sentence, paragraph, subdivision, section or part of these Rules shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the application of any other clause, sentence, paragraph, subdivision, section or part of this chapter.

B.The provisions of these Rules shall be severable and if the application of any clause, sentence, paragraph, subdivision, section or part of these Rules shall be preempted by Federal Law, such preemption shall not affect, impair, or invalidate the application of any other clause, sentence, paragraph, subdivision, section or part of this chapter.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.20 Appendix A: Rhode Island Median Income (October 1, 2008-September 30, 2009, 72 Federal Register 59.14580)

A.RI Median Incomes for Family Sizes is based on a Family of Four at $62,339

Family Size

Family Size Adjustment Factor*

Median Income

Maximum Annual Financial Hardship (75% Median Income)

Maximum Quarterly Financial Hardship***

52%

$40,658

$30,494

$7,624

68%

$53,169

$39,877

$9,969

84%

$65,679

$49,259

$12,314

100%

$78,189

$58,641

$14,660

116%

$90,699

$68,024

$17,006

132%**

$103,209

$77,406

$19,351

To adjust the median income of a family of four for a different family size, multiply the median income of $78,189 by the percentages set out in this second column. 45 C.F.R. § 96.85.

** For each additional household member above six persons add three percentage points to the percentage for a six-person household.

*** One-fourth of the maximum annual financial hardship income.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.21 Appendix B: Forms

A.Form I

(Name of Utility)

(Utility Customer Service Phone Number)

Customer

Account Number

Address

Delinquent Balance

Name of Person Notified

Intended Date of Termination

AFFIDAVIT OF PERSONAL NOTICE

I, (Name of employee in print), hereby state under oath that on ( date ) at ( time ), I personally called at the above address and notified the person whose name appears above that service to the resident would be terminated unless within forty-eight hours satisfactory arrangements were made to pay the delinquent balance or otherwise settle the account unless the customer obtained review by the Division of Public Utilities and Carriers; that I informed the person to whom I spoke of the procedures for making such arrangements for obtaining a review by the Division; that I informed the person to whom I spoke of the availability of residential payment plans; that in my opinion the person to whom I spoke understood my communication and that during my call at the residence I neither observed nor was informed of any illness or other circumstance which would make termination of service a violation of the regulations of the Commission.

(Signature of Employee)

On , 20 , the person whose signature appears above personally appeared before me and swore that the statements contained herein are true.

Notary Public

B. Form II

(Name of Utility)

(Utility Customer Service Phone Number)

Customer

Account Number

Address

Delinquent Balance

Name of Person Notified

Intended Date of Termination

AFFIDAVIT OF PERSONAL NOTICE

I, (Name of employee in print), hereby state under oath that on ( date ) at ( time ), I personally visited the above address but was ( cross out inapplicable alternative) unable to gain admission/found no adult person therein/and that I left a written notice of company's intention to terminate service in the form approved by the Division of Public Utilities and Carriers prominently tacked or otherwise securely affixed to the front door.

(Signature of Employee)

On , 20 , the person whose signature appears above personally appeared before me and swore that the statements contained herein are true.

Notary Public

C. Form III

(Name of Utility)

(Utility Customer Service Phone Number)

Customer

Account Number

Address

Delinquent Balance

Name of Person Notified

Intended Date of Termination

AFFIDAVIT OF PERSONAL NOTICE

I, (Name of employee in print), hereby state under oath that on ( date(s) ) at ( time(s) ), I personally visited the above address, made personal contact with the customer or with a responsible adult found within the above address, but was unable to gain admission for purposes of disconnection of service. If the individual and I were not able to converse in a common language, I presented the individual with a multi-language utility service termination card as defined in § 1.2(A)(10) of this Part but I was still unable to gain admission for purposes of disconnection of service.

(Signature of Employee)

On , 20 , the person whose signature appears above personally appeared before me and swore that the statements contained herein are true.

Notary Public

D. Form IV

(Name of Utility)

(Utility Customer Service Phone Number)

[APPROPRIATE TERMINATION SYMBOL PURSUANT TO § 1.22 OF THIS PART (APPENDIX C)]

This is a Utility Service Termination Notice.

[in all languages required by § 1.5(D) of this Part]

Translate Immediately!

[in all languages required by § 1.5(D) of this Part]

Our records indicate an unpaid balance on the account covering this residence.

(TYPE OF SERVICE) SERVICE TO THIS RESIDENCE WILL BE TERMINATED WITHOUT FURTHER NOTICE ON OR AFTER (DATE).

YOU MAY AVOID TERMINATION:

Your utility service will not be terminated, on or before (same date as noted above), if satisfactory arrangements are made to pay this balance. As a first step, you must call our Customer Service Department at (telephone number) as soon as possible.

If a satisfactory arrangement can not be agreed upon, you have the right to submit this matter to the Reviewing Officer of the Division of Public Utilities and Carriers at (401) 780-9700. If you are unable to reach a satisfactory arrangement over the telephone, you have the right to a hearing, which you must request, on whether the termination is justified. (NAME OF UTILITY) will not disconnect your service pending proceedings before a reviewing officer appointed by the Administrator of the Division of Public Utilities and Carriers.

PROTECTION AGAINST TERMINATION:

The Public Utilities Commission has Rules and Regulations that provide protection from termination of service for the seriously ill, handicapped and households in which all residents are at least 62 years of age. Please contact our Customer Service Department to determine eligibility.

Under certain circumstances a customer may be protected from termination of service during the period between 12:01 AM November I'' and 11:59 PM May 1st. Please call our Customer Service Department to determine eligibility.

If you or anyone currently and normally living in your house has a child under two (2) years old, we will not terminate or (TYPE OF UTILITY SERVICE) service, provided you also have a financial hardship. Please call our Customer Service Department to determine eligibility.

LOW INCOME HEATING ASSISTANCE PROGRAM (LIHEAP)

LIHEAP provides eligible customers with public energy assistance aid. Customers who may qualify should contact their local Community Action Program.

RULES AND REGULATIONS

A copy of the Rules and Regulations Governing Termination of Residential Electric, Gas and Water Utility Service are available for review at our office located at (address), (day) through (day) between the hours of ( start time) and ( end time). A copy of the Rules and Regulations is also available for review at the office of the Division of Public Utilities and Carriers located at 89 Jefferson Boulevard, Warwick, Rhode Island, Monday through Friday 8:30 AM to 3:30 PM. A copy of the Rules and Regulations may also be obtained via the Internet at http://www.ripuc.org/

E. Form V

(Name of Utility)

(Utility Customer Service Phone Number)

FINANCIAL HARDSHIP STATEMENT

Name

Date

Address

Account Number

City/Town

NOTE: If you are claiming Financial Hardship under the Rules and Regulations Governing the Termination of Residential Electric, Gas and Water Utility Services, please answer the following questions and return this form to the address shown on your bill within seven (7) days for an initial application and within forty (40) days if this is a renewal. DO NOT ENCLOSE THIS STATEMENT WITH YOUR BILL PAYMENT.

INCOME INFORMATION

Source of Gross Income:

Work

( ) Yes

( ) No

Amount

Week

Month

(for family or group)

SSI

( )Yes

( ) No

Amount

Per Month

Welfare:

AFDC

( )Yes

( ) No

Amount

Per Semi-Month

GPA

( )Yes

( ) No

Amount

Per Week

Other (Specify)

( )Yes

( ) No

Amount

Per Two Weeks

Total number in household

Number in household aged 62 or over

Number in household handicapped

I, the undersigned, do hereby certify that the information provided is complete and the truth, to the best of my knowledge.

Date

Signature

FOR OFFICE USE ONLY:

Date Received

Accepted

Rejected

Company Representative

Resubmittal Date

Resubmittal Waived

Company Rep.

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

810-RICR-10-00-1 § 1.22 Appendix C: Termination Symbols

A.Gas, Water, Electric Termination Symbols as shown below may be used by public utilities on termination notices:

History

Amendment — effective from 2025-06-23 to current
Periodic Refile — effective from 2022-01-04 to 06/23/2025
EMERGENCY RULE Amendment — effective from 2016-11-02 to 03/02/2017
EMERGENCY RULE Amendment — effective from 2016-11-01 to 12/01/2016
EMERGENCY RULE Amendment — effective from 2015-11-04 to 12/04/2015
EMERGENCY RULE Amendment — effective from 2014-10-31 to 11/30/2014
EMERGENCY RULE Amendment — effective from 2013-12-05 to 12/31/2013
EMERGENCY RULE Amendment — effective from 2012-12-11 to 01/15/2013
EMERGENCY RULE Amendment — effective from 2011-10-25 to 12/15/2011
EMERGENCY RULE Amendment — effective from 2011-10-25 to 10/25/2011
EMERGENCY RULE Amendment — effective from 2010-10-08 to 01/02/2011
EMERGENCY RULE Amendment — effective from 2009-10-06 to 12/01/2009
Technical Revision — effective from 2008-10-19 to 01/04/2022
Amendment — effective from 2008-10-19 to 10/19/2008
EMERGENCY RULE Amendment — effective from 2008-10-08 to 12/01/2008
Amendment — effective from 2008-03-01 to 10/19/2008
Amendment — effective from 2007-02-01 to 03/01/2008
Adoption — effective from 2002-04-30 to 02/01/2007
Periodic Refile — effective from 2001-12-19 to 04/30/2002

Chapter 20 Telecommunications

Subchapter 00

810-RICR-20-00-1 Regulations Governing Arbitration, Mediation, Review and Approval of Interconnection Agreement

810-RICR-20-00-1 § 1.1 INTRODUCTION

A.The Telecommunications Act of 1996, 47 U.S.C. provides for the submission to state commissions for their approval of interconnection agreements between telecommunications carriers and incumbent local exchange carriers. In the event negotiations between these parties fail, in whole or in part, parties may request mediation and/or arbitration from the state commission. The state commission may, to the extent practicable, consolidate proceedings in order to reduce administrative burdens.

B.The Act imposes expedited schedules for commencement of arbitration and for state commission approval of negotiated or arbitrated agreements. In particular, the Act imposes a time limit of nine months from the date a telecommunications carrier requests an interconnection agreement until state resolution by arbitration of any unresolved issues. Once an agreement is submitted for approval, the state commission must act to approve or reject it within ninety days of submission by the parties of an agreement reached through negotiation, and within thirty days of submission of an agreement adopted by arbitration. If the state commission allows these deadlines to lapse, the agreement is to be deemed approved.

C.In light of the necessity for expeditious action under the Act, parties are urged to pursue negotiated resolutions of the issues involved in interconnection agreements. The advantages to solutions crafted by the parties themselves, the success of recent collaborative processes, the efficacy of the mediation process for resolution of the complex issues involved, the ongoing litigation on regulated issues, and the time constraints of the Act all suggest the benefits of a negotiated resolution.

D.These following regulations are intended to implement 47 U.S.C. § 252, and govern the arbitration, mediation, review and approval of interconnection agreements between telecommunications providers, in order to facilitate orderly decision-making.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-20-00-1 § 1.2 DEFINITIONS

A.The meaning of terms used in these regulations shall be consistent with their general usage in the telecommunications industry unless specifically defined by Rhode Island law or Commission regulation. As used in these rules, except as otherwise required by the context:

1."Act" means the Communications Act of 1934, 47 U.S.C. § 151, et seq., as amended by the Telecommunications Act of 1996 (Pub. L. No. 104-104, 2/8/96).

"Arbitration" is an alternative dispute resolution process in which parties present evidence and legal arguments to a neutral third party (arbitrator), who renders a decision. The parties are required to accept the arbitration decision, subject to Commission approval pursuant to 47 U.S.C. § 252.

3.“Arbitrator" means an employee of the Commission, a Commissioner, or a neutral third party designated by the Commission to conduct arbitration proceedings pursuant to 47 U.S.C. § 252.

"Clerk" means the Commission clerk, appointed by the Commission pursuant to R.I. Gen. Laws § 39-1-9.

5."Commission" means the Public Utilities Commission.

6."Commission Rules" means the Commission's “Public Utilities Commission Rules of Practice and Procedure”.

7."CLEC" means a local exchange carrier other than an incumbent local exchange carrier.

8."FCC" means the Federal Communications Commission.

9."ILEC" means the incumbent local exchange carrier, which in this jurisdiction is Verizon New England, Inc., d/b/a Verizon Rhode Island. Verizon New England, Inc. is a Bell operating company.

10."Interested Parties" shall initially refer to the service list attached to the docket in this case. Any other person or entity who wishes to be included on this service list as an interested party under these regulations may file such a request in writing with the Clerk. The master list shall be kept by the Clerk and updated as necessary. Any reference to service upon interested parties shall subsequently mean service on all parties included on the master list as updated by the Clerk.

11."LEC" means a Local Exchange Carrier, any person or entity that is engaged in the provision of telephone exchange service or exchange access.

12."Mediation" is an alternative dispute resolution process in which a neutral third party (mediator) assists the parties in reaching their own settlement. The mediator does not have the authority to impose a resolution; the goal of the process is to help the parties achieve their own resolution.

13."Negotiation" is a process in which representatives of the parties in dispute communicate their differences to one another and, with this knowledge, try to resolve them. Successful negotiations produce voluntary agreement over terms and conditions regarding those items in dispute, which may even include methods for resolving disputes over the interpretation and application of terms and conditions under an existing agreement.

14."Party" means those persons who submit to the Commission for approval an arbitrated or negotiated agreement pursuant to 47 U.S.C. § 252(e); or a person allowed by the Commission or arbitrator to intervene in a proceeding.

15."Telecommunications carrier" means any entity providing or intending to provide telecommunications services, except that such term does not include aggregators of telecommunications services. A telecommunications carrier shall be treated as a common carrier only to the extent that it is engaged in providing telecommunications services.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-20-00-1 § 1.3 PRELIMINARY MATTERS

A.The following requirements are prerequisites for opening negotiations for interconnection agreements between an ILEC and other carriers.

1.Any telecommunications carrier may open negotiations with an incumbent ILEC for an interconnection agreement at any time. However, the carrier may not request mediation or arbitration, or submit a negotiated agreement for review, unless it agrees to bear a pro rata share of the costs of the proceeding.

2.The carrier seeking interconnection shall notify the ILEC in writing, and all statutory deadlines and deadlines in these rules shall be counted from the date of the ILEC's receipt of the notification. The ILEC shall inform the Commission, periodically or on request, of all pending requests for interconnection and the dates on which they were received

3.The notification of intent to negotiate shall describe in general terms the services and forms of interconnection requested, but need not include detailed lists or technical detail.

B.The negotiations may cover any or all of the obligations of either party under 47 U.S.C. §§ 251(a), (b), or (c), or any other matter which the parties may mutually agree to include.

C.An ILEC may not impose any preconditions for negotiations other than those specifically authorized by the Commission.

D.The Commission may deviate from the provisions of these regulations for good cause, as it deems necessary to fulfill its obligations under the Act. However, no waiver will be initiated without affording the parties a hearing.

E.The filing of an arbitration request shall not preclude the parties from continuing negotiations on unresolved issues. Those issues that are resolved after an arbitration request has been filed with the Commission shall be considered negotiated provisions, subject to appropriate notice and comment deadlines under the proposed arbitration procedures.

F.An ILEC shall have a duty to negotiate in good faith with all carriers requesting interconnection, and any carrier requesting interconnection shall have a duty to negotiate in good faith with an ILEC.

1.The parties may request Commission mediation or arbitration of any actions they perceive as failure to negotiate in good faith.

2.At any stage in a mediation or arbitration, any party may identify to the mediator or arbitrator a perceived failure to negotiate in good faith, even if this failure was not identified in the initial petition for mediation or arbitration.

3.At any point in a mediation or arbitration, the mediator or arbitrator may refer to the Commission a failure of any party to negotiate in good faith.

If the Commission finds that any party has failed to negotiate in good faith it may take such actions as it deems appropriate in the circumstances
If the Commission finds that an ILEC has committed a serious breach of its obligation to negotiate in good faith, it may also interpose an objection under 47 U.S.C. § 271(d)(2)(B) to the granting of extended operating authority. If such authority is already granted, the Commission may file a complaint with the FCC under 47 U.S.C. §§ 208(a) and 271(d)(6)(B).

G.To the extent there is a conflict between these regulations and the “Public Utilities Commission Rules of Practice and Procedure”, these regulations shall control.

H.When an agreement is filed with the Commission for review, it will be docketed and open to public inspection and copying. The arbitrator's report will also be filed in the docket.

1.No part of the agreement itself, including the rates, terms, and other information, may be confidential or proprietary. All terms of the agreement must be shown in the contract document itself, or by reference to another publicly available document, such as a tariff.

A LEC shall make available any interconnection, service, or network element provided under an approved agreement to which it is a party, to any other requesting telecommunications carrier upon the same terms and conditions as those provided in the agreement.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-20-00-1 § 1.4 MEDIATION

A.Mediation may be requested by either party at any time during the negotiation.

Mediation may be offered by a member of the staff, or an outside mediator acceptable to both parties and the Commission. The mediator shall decide the form that mediation will take, considering the desires of the parties and the nature of the disagreement.
The request for mediation shall be in writing, briefly stating the issue or issues to be mediated, and with a synopsis of the position of each party. It will be served on the other party or parties to the negotiation in accordance with the Commission Rules no later than the day it is delivered to the Commission.
The mediator may act formally or informally, without regard to procedural provisions elsewhere in our rules. The mediator may accept ex parte presentations from the parties. The mediator may use any methods of dispute resolution that he or she finds appropriate to the circumstances. The mediator may request information in writing or interview the technical and legal experts of the parties separately, or may have them engage in a panel discussion to reach agreement.
Mediations will normally be conducted in private, though observers may be present if both parties and the mediator consent.
All parties shall respond to reasonable requests for information in a timely manner, delivering the information requested in the form requested. If a party fails to provide the requested information in a timely manner, the mediator and the Commission may use the best information they can obtain from any source, without regard to rules of evidence. The mediator may also refer the matter to the Commission for consideration as a failure to negotiate in good faith.

6.Information and positions adopted or provided during a mediation should be kept confidential, and are not binding on any party if the dispute is ultimately arbitrated.

7.Mediators may not participate in or decide arbitrations which follow unsuccessful attempts to resolve a matter through mediation.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-20-00-1 § 1.5 NEGOTIATED AGREEMENTS

A. The following procedure shall be followed when parties who have negotiated and entered into a binding agreement for interconnection, services, or network elements under 47 U.S.C. § 252(a)(1) submit their voluntarily negotiated agreement for review by the Commission under 47 U.S.C. § 252(e):

1.One or both of the parties shall file the agreement, along with a brief letter or petition requesting Commission approval, with the Clerk. The letter or petition shall be served on the list of interested parties maintained by the Clerk.

2.Within twenty-one days of the filing of the negotiated agreement, any interested party may submit comments to the Commission regarding the agreement. The comments shall be limited to the criteria for review under 47 U.S.C. § 252(e)(2)(A). Any request for hearing must be filed with the comments. Absent a showing of good cause for a hearing, the Commission may review the negotiated agreement without a hearing. Any interested party filing comments and/or requests for hearing shall, on or before the date of filing of such comments or request, serve a copy on the parties to the negotiation. Upon the request of any other interested party, an interested party shall promptly serve a copy of its comments and/or request for hearing on the interested party making the request.

Within thirty-five days of the filing of the negotiated agreement, the parties to the negotiated agreement may file a response to any comments filed. Such a response shall include all supporting documentation, and shall be served on or before the filing date in accordance with the “Public Utilities Commission Rules of Practice and Procedure”.
The Commission will review the agreement (and the comments) to determine:

a. whether the agreement (or any portion thereof) discriminates against any telecommunications carrier that is not a party to the agreement, and;

b. whether the implementation of the agreement will be in the public interest, convenience, and necessity.

5.The Commission will issue its final decision accepting or rejecting the agreement within ninety calendar days of the date it was submitted for review.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-20-00-1 § 1.6 ARBITRATION

A. Any party may request arbitration at any time during the period from the 135th to the 160th days, inclusive, after the date on which the ILEC receives a request for negotiation. The following procedure shall be followed when a party petitions the Commission to arbitrate any unresolved issues under 47 U.S.C. § 252(b):

1.Arbitration may be performed by the Commission acting en banc; by delegating the task to a commissioner or a member of the staff; or by delegating the task to an outside arbitrator acceptable to both parties and the Commission. The Commission shall decide the form that arbitration will take, considering the desires of the parties and the nature of the disagreement.

The request for arbitration shall be in writing, stating the issue or issues to be arbitrated, with a synopsis of the position(s) of each party, and providing all relevant documentation on each issue. The request shall also state the other items in the negotiation, those upon which agreement has been reached, in full detail, with all relevant documentation. The request shall be served on other parties to the negotiation in accordance with the “Public Utilities Commission Rules of Practice and Procedure” no later than the day it is delivered to the Commission. The other parties shall have twenty-five calendar days to file a response with the Commission.

3.In performing an arbitration, the arbitrator shall be limited to resolving only those issues upon which arbitration has been requested.

4.Arbitrations will normally be conducted in private, though the parties may, with the concurrence of the arbitrator, invite observers.

5.The arbitrator may act formally or informally, without regard to procedural provisions elsewhere in our rules. With the consent of both parties, but not otherwise, the arbitrator may accept ex parte presentations from the parties, subject to the requirement that the existence and subject matter of the ex parte communication be made known to the opposing parties. The arbitrator may use any methods of dispute resolution that he or she finds appropriate to the circumstances.

6.Disputes over whether an issue is properly subject to the arbitration process shall be decided by the arbitrator before hearing evidence on the merits of the dispute. The arbitrator should presume arbitrability unless a clear and convincing case is made to the contrary by the non-petitioning party challenging procedural arbitrability. A non-petitioning party will be deemed to have waived the right to challenge procedural arbitrability if it fails to do so when responding to the petition pursuant to 47 U.S.C. § 252(b)(3).

7.All parties shall respond to requests for information in a timely manner, as determined by the arbitrator, who need not be bound by our rules of procedure, delivering the information requested in the form requested. If a party fails to provide the requested information in a timely manner, the arbitrator and the Commission may use the best information they can obtain from any source, without regard to rules of evidence. The arbitrator may also refer the matter to the Commission for consideration as a failure to negotiate in good faith.

8.The arbitrator shall make all findings and selected solutions in writing, in the form of a recommendation to the Commission. Notice of the arbitrator's recommended decision shall be served by the Clerk on the list of interested parties maintained by the Clerk.

9.The arbitrator's recommended order will be presented to the Commission so that review and approval can be completed no later than nine months from the date on which the LEC received the request for interconnection. Unless an extension of time is granted by the Commission, the recommended order shall be filed not later than eight months from the date on which the LEC received the request for interconnection.

10.Within fourteen days of the filing of the arbitrator's recommended decision, any interested party may submit comments to the Commission regarding the agreement or decision. The comments shall be limited to the criteria under 47 U.S.C. § 252(c). Any interested party filing comments shall, on or before the date of filing of such comments, serve a copy on the parties to the arbitration.

11.Within twenty-one days of the filing of the arbitrator's recommended decision, the parties to the arbitrated agreement may file a response to any comments filed. Such a response shall be served on or before the filing date in accordance with the “Public Utilities Commission Rules of Practice and Procedure”.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-20-00-1 § 1.7 REVIEW OF ARBITRATED AGREEMENTS

A.The following procedure shall be followed when parties to an interconnection agreement adopted in whole or in part by arbitration submit their agreement to the Commission for approval under 47 U.S.C. § 252(e):

1.One or both of the parties shall file the agreement, along with a brief letter or petition requesting Commission approval, with the Clerk.

2.An interconnection agreement which has issues resolved through negotiations as well as arbitration will be reviewed by the Commission as follows: the negotiated portions of the agreement shall be reviewed under 47 U.S.C. § 252(e)(2)(A), and arbitrated portions of the agreement shall be reviewed under 47 U.S.C. § 252(e)(2)(B).

3.The Commission will issue its decision within thirty calendar days of the filing of the interconnection agreement.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-20-00-1 § 1.8 STATEMENT OF GENERALLY AVAILABLE TERMS

A. The following procedure shall be followed whenever Verizon New England, Inc. files a statement of generally available terms and conditions ("SGAT"):

1.Verizon New England, Inc. shall, on or before the day the SGAT is filed with the Clerk, serve a notice of filing which generally describes the terms and conditions or the SGAT, or a copy of the SGAT itself, on all interested parties in accordance with the “Public Utilities Commission Rules of Practice and Procedure”. If an interested party specifically requests a copy of the SGAT, Verizon New England, Inc. shall serve a copy of the SGAT on the party making the request. Verizon New England, Inc. shall, on or before the date of filing, serve a copy of the SGAT on the Department of Attorney General in accordance with the Commission Rules. The filing shall include a detailed explanation of how the SGAT complies with 47 U.S.C. § 251 and its implementing regulations, and 47 U.S.C. § 252.

2.Comments may be filed within twenty-one days of the filing of the SGAT. Comments shall be limited to whether the SGAT complies with 47 U.S.C. § 251 and its implementing regulations, and 47 U.S.C. § 252, and shall include all supporting documentation. Any request for hearing shall be filed with the comments. The Commission will grant the hearing request unless it specifically finds that none of the issues raised by the comments of any party is substantial enough to warrant a hearing. Comments and/or requests for hearing shall, on or before the date of filing, be served upon Verizon New England, Inc. and the Department of Attorney General in accordance with “Public Utilities Commission Rules of Practice and Procedure”. Upon the request of any other interested party, an interested party shall serve a copy of its comments and/or request for hearing on the interested party making the request.

3.Within thirty-five days of the filing of the SGAT, Verizon New England, Inc. may file a response to any comments filed. Such a response shall be served on or before the filing date in accordance with the “Public Utilities Commission Rules of Practice and Procedure”.

4.The Commission shall complete its review of an SGAT within sixty (60) days, unless the submitting carrier agrees to an extension of the period for such review.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-20-00-1 § 1.9 FEES

A.Costs for arbitration, mediation, and final review of interconnection agreements will be assessed pro rata to the parties.

B.The Commission may set filing or other fees, as permitted by statute.

C.The foregoing rules and regulations, after due notice and an opportunity for hearing, are hereby adopted and filed with the Secretary of State this 22nd day of April, 1997, to become effective twenty (20) days after filing, in accordance with the provisions of R.I. Gen. Laws §§ 42-35-2(a)(2), 42-35-3, and 39-1-26(c).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-20-00-2 Regulations Regarding “Avoided Cost” for Development of Wholesale Discounts from Retail Rates

810-RICR-20-00-2 § 2.1 Introduction

On January 10, 1997, the Public Utilities Commission released a Notice of Inquiry on the subject of the calculation of Avoided Cost for determining the amount of discount from retail rates that Verizon New England, Inc. (doing business as Verizon Rhode Island (Verizon), the incumbent local exchange carrier, must grant its competitors in the local exchange market under the terms of the federal Telecommunications Act of 1996 (“Act”), P.L. 104-104, 110 Stat. 56, codified as 47 U.S.C. § 151-760, particularly § 251(b)(1) and § 251(c)(4). Following a public hearing on November 18, 1997, the Commission adopted guidelines or the development of wholesale discounts from retail rates. These regulations reflect the Commission’s decision in Order No. 15511 (issued January 29, 1998).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-20-00-2 § 2.2 Definitions

A.“Business services” means for the purpose of determining the conditions under which services might be resold, business services are all those services provided at retail other than residential services.

B.“Commission” means the Rhode Island Public Utilities Commission.

C.“Common carrier” means a company authorized by the Commission to provide telephone service.

D.“Exchange access” means the offering of access to telephone exchange service or facilities for the purpose of the origination of telephone toll services.

E.“Local exchange carrier” means a common carrier authorized by the Commission to provide local exchange service or exchange access in Rhode Island, or any portion thereof. An incumbent local exchange carrier is one that was providing such service on February 9, 1996; a competitive local exchange carrier is one that provides such service in an exchange where there is an incumbent already providing such service, or where there is no incumbent.

F.“Local exchange service” means telephone service or facilities for the purpose of originating or terminating telephone service, and the provision of such services within an exchange.

G.“Services provided at retail” means telephone services provided to customers that are not common carriers.

H.“Residential services” means for the purpose of determining the conditions under which services might be resold, residential services are services provided at retail to individuals and families at their places of residence, or for personal use in mobile services.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-20-00-2 § 2.3 Services Available for Resale:

A.All services provided at retail by Verizon, the incumbent local exchange carrier in Rhode Island, shall be presumptively available to competitive local exchange carriers for resale. Such sales shall be at a discount from the tariffed retail rate, calculated as provided elsewhere in this section.

B.Services provided at retail shall include all services in the general tariff of the incumbent local exchange carrier, plus all services provided in temporary promotional tariffs in effect for 90 days or longer in any calendar year. Services provided under other tariffs may be designated as services provided at retail upon submission of evidence that the incumbent local exchange carriers has provided them to some customers who are not common carriers. Services provided under tariffs other than the general tariff, or services provided under experimental tariffs or as technical trials, may be subject to restrictions as to whether they may be available for resale, or as to the customers to which they may be resold.

C.Competitive local exchange carriers may resell business services to any customer, or use them for their own internal purposes, and this includes services subject to bulk discounts, quantity discounts, or discounts related to the contract term. Competitive local exchange carriers may resell residential service only to residential customers, as defined in the tariff of the incumbent local exchange carrier. The Commission may, when appropriate, order restrictions on the resale of services to another group or class of customers that are offered only to a limited group or class of customers.

D.Services that are offered only to present customers, but not to new customers, may be resold, but only to the present customers.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-20-00-2 § 2.4 Calculation of Avoided Cost Discount

A.When calculation the avoided cost discount for wholesale rates, the incumbent local exchange carrier shall start with its jurisdictionally separated costs for the State of Rhode Island. From the jurisdictionally separated accounts, it will make the following calculations in its cost study of retail avoided costs to produce two components (direct cost component and an indirect cost component) of the total avoided cost discount:

1.Include as avoided direct costs the intrastate costs in USOA accounts 6611 (product management), 6612 (sales), 6613 (product advertising), 6621 (call completion services), 6622 (number services), and 6623 (customer services). The sum of these intrastate costs will be divided by intrastate revenues to yield the direct avoided cost discount component of the total avoided cost discount.

2.Include as avoided indirect costs a portion of the intrastate costs included in USOA accounts 6121-6124 (general support expenses), 6711, 6712, 6721-6728 (corporate operations expenses), and 5301 (telecommunications uncollectables). These intrastate costs are assumed to be avoided in the same proportion to total intrastate revenues as direct costs are avoided, as defined in § 2.4(A)(1) of this Part above, to yield the indirect avoided cost discount component of the total avoided cost discount.

3.The total avoided cost discount will be the sum of the direct avoided cost component as described in § 2.4(A)(1) of this Part above, and the indirect avoided cost component, as described in § 2.4(A)(2) of this Part above.

4.Not included plant-specific expenses and plant non-specific expenses other than general support expenses, that is, not included accounts 6110-6116 and 6210-6565, except as provided above.

5.Costs included in accounts 6611-6613 and 6621-6623 may be included in wholesale rates (that is, excluded from the avoided costs) only to the extent that a party demonstrates that specific costs in these accounts will be incurred and are not avoidable with respect to services sold at wholesale, or that specific costs in these accounts are not included in the costs of services sold at retail. Costs included in accounts 6110-6116 and 6210-6565 may be treated as direct avoided costs (see § 2.4(A)(3) of this Part above), and excluded from wholesale rates only to be the extent that a party demonstrates that specific costs in these accounts can reasonably be avoided when an incumbent local exchange carrier provides a telecommunications service to a requesting carrier for resale.

6.An incumbent local exchange carrier may include up to one (1) per cent of the amount in account 5301 (telecommunications uncollectables) in its resale rates to compensate itself for the risk we impose upon it by requiring that it continue to serve the ultimate customers, without interruption, in the event of default by the carrier reselling its services.

B.In the event a reseller defaults in its payments to the carrier providing the wholesale service, the carrier providing the wholesale service may not disconnect any of the ultimate retail customers who have paid their bills, and must continue to serve them without interruption, at its regular tariffed rates for the service. Its remedies shall be limited to claims against the reseller for all services it provides for which the reseller collected payment (recognizing that many telecommunications services are normally paid for in advance).

C.The foregoing requirements, after due notice and an opportunity for hearing, are hereby adopted and filed with the Secretary of State this 29th day of January, 1998, to become effective thirty (30) days after filing, in accordance with the provisions of R.I. Gen. Laws 1956 (1998 Reenactment) §§ 42-35-2(a)(2) and 42-35-3.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

Chapter 30 Gas

Subchapter 00

810-RICR-30-00-1 Rules for Utility Interaction with Gas Marketers

810-RICR-30-00-1 § 1.1 Authority and Purpose

A.These regulations, enacted pursuant to R.I. Gen. Laws §§ 39-1-11 and 39-3-7, set forth the entry requirements for gas marketers and the standards of conduct for utilities with respect to gas marketers. They further apply to transactions, direct or indirect, between public utilities and gas marketers. The standards are intended to promote fair competition and a level playing field among all participants in the natural gas marketplace in Rhode Island.

B. For a transition period of two years from the effective date of these regulations, a marketer will be permitted to share utility services and resources to the extent provided in the master service framework.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-30-00-1 § 1.2 Definitions

A.As used in these rules, except as otherwise required by the context:

1."Applicant" means, in proceedings involving filings for permission or authorization which the Commission may give under statutory or other authority delegated to it, the party on whose behalf the filings are made.

2."Clerk" means the Commission clerk, appointed by the Commission pursuant to R.I. Gen. Laws § 39-1-9.

3."Commission" means the Public Utilities Commission.

"Division" means the Division of Public Utilities and Carriers described in R.I. Gen. Laws §§ 39-1-2(4) and 39-1-3.
"Employee" means an officer, director, employee or agent.
"Gas marketer" means an entity which markets gas and gas-related services, and is authorized to provide services in Rhode Island in accordance with § 1.3 of this Part.
"Marketing affiliate" means a gas marketer residing within a corporate structure that includes a Rhode Island public utility. A marketing affiliate includes any arm of the utility or parent of the utility, either owned or subject to common control, or part of a separate legal entity, which functions as a gas marketer.
"Master service framework" means a Commission-approved contractual arrangement that allows certain services and resources to be shared with, allocated between or charged to the utility and/or a gas marketer.
"Shared employee" means any individual employed by a utility who performs tasks or services for both the utility and a gas marketer, regardless of the method of accounting for the individual's time (e.g., an allocation basis or billed based on actual hours).

10."Transportation" means the contractual delivery of gas to a retail consumer.

"Utility operating personnel" includes any individual employed or retained by a utility whose job duties involve any of the following gas functions:

a. Purchasing, marketing, secondary marketing (releases or assignments) or selling; Scheduling and interrupting or curtailing natural gas; Pipeline transportation capacity or storage capacity; Pricing of tariff, non-tariff, or competitive utility products and services.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-30-00-1 § 1.3 Entry Requirements

A.For a period of three years from the effective date of these regulations, gas marketers must register to provide service in the State of Rhode Island. Marketers will not otherwise be regulated as public utilities.

B.In order to qualify as a gas marketers, an applicant must first file a Statement of Business Operations ("SBO"), including such information as corporate and local company name, business locations, location of primary facilities (if any), evidence of authorization from the Rhode Island Secretary of State to do business in Rhode Island, proof of filing for a tax identification number with the Rhode Island Division of Taxation, service agent, attorney of record, corporate officers, and major stockholders or partners holding a ten percent or greater equity interest, as well as documentation of the prospective gas marketer's initial capitalization and a general description of its operations. The description should include a detailed explanation of the nature and location of the facilities within Rhode Island which are owned or leased by the applicant, if any, as well as the geographic boundaries of the area in which it will provide service. In addition, a description of the customer service organization to be employed in serving transportation customers should be provided, together with both customer service and regulatory contact persons.

C.The Division will review the SBO and make a recommendation to the Commission as to whether the applicant should be authorized to do business in Rhode Island. No service may be rendered unless and until the Commission has approved the application.

D.Gas marketers shall file an amended SBO annually on the anniversary date of the authorization order to include a twelve-month statement of income and a current balance sheet.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-30-00-1 § 1.4 Standards of Conduct

A.PERSONNEL

A utility employee may not do any of the following on behalf of a gas marketer:

a. Purchase gas, pipeline capacity or storage capacity.

b. Market or sell gas and related services.

c. Price or administer transportation upstream of the city gate and related tariff services, non-tariff and competitive products and services.

d. Hire and train gas marketer employees.

2.A utility employee may offer to sell or otherwise proffer gas, pipeline capacity or storage capacity, and related services to a gas marketer or to others on behalf of the utility. A utility employee may respond to transportation and related tariff service requests or inquiries from the gas marketer as well as from others on behalf of the utility.

3.A marketing affiliate may receive corporate-level support affiliated with the preparation of joint financial statements and shareholder relations.

The use of shared employees shall be minimized. A shared employee shall record time in a manner consistent with the master service framework, if applicable.
The use of utility operating personnel, as established in a master service framework is permitted, subject to all of the following limitations:

a.The use of a utility employee by a gas marketer or the use of a gas marketer employee by the utility is not allowed if it is likely to result in the sharing or exposure of market sensitive information or an unfair competitive advantage for either party.

b.Advice and assistance in human resource management shall be limited to general personnel and corporate matters. It shall not include job or position specific hiring or training advice or assistance dealing with the functions to be performed by the employee.

c.Advice or assistance with regard to engineering and construction matters as well as gas consulting services shall be made available to all gas marketers on an equal basis.

Utility operating personnel may engage in transactions involving natural gas supply, capacity, or both, with a gas marketer, but may not share with the gas marketer any information related to sales by other gas marketers of natural gas supply, capacity, or both.
An individual may not be an officer of both a utility and a gas marketer.

B. PROPERTY

1.A gas marketer shall occupy facilities that are physically separate from a utility. Unless otherwise allowed through the master service framework, office equipment and services used on a regular basis may not be provided by a utility or shared in any manner.

C. RECORDS

1.A marketing affiliate's books shall be kept separate from the utility's books. Aggregated information that is not market sensitive of a utility or of a marketing affiliate may be transferred to or from the utility or the marketing affiliate for corporate financial accounting and reporting purposes.

a.A utility may not obtain account information or market sensitive information from a gas marketer.

b.If a utility is not part of a holding company system, the utility may have corporate responsibilities for actions of a marketing affiliate. Under these circumstances, individual account or market sensitive information of a marketing affiliate may not be disclosed to the utility except in extreme situations where there is a corporate need to access such information. In such a situation, the information shall be shared only on a need-to-know basis, shall be kept confidential and may not be shared with utility operating personnel. Individual account or market sensitive information of the utility may not be disclosed to a gas marketer.

c.If a utility is part of a holding company system, individual account or market sensitive information of the utility may not be disclosed to a gas marketer. Likewise, individual account or market sensitive information of the gas marketer may not be transferred to the utility.

2.Without the written consent of the customer, a utility employee may not disclose to a gas marketer any information which the utility receives from any of the following:

a.A customer or supplier.

b.A potential customer or supplier.

c.An agent of a customer or supplier or potential customer or supplier.

d.A gas marketer or other supply entity seeking to supply gas to a customer or potential customer that is located in the utility's service territory.

3.A utility may disclose information that is aggregated so that specific customer, gas supply contract, pipeline capacity contract, release capacity contract, and storage contract information cannot be ascertained. The utility may not disclose such information to a marketing affiliate or any other market participant without that information being equally accessible to other interested parties.

4.A utility may disclose non-customer specific information, such as market trends, economic forecasts, regulatory trends, demographics, opinion research, gas supply outlook, technology trends, and similar information. The utility may not disclose such information to its gas marketer or any other market participant without making that information being equally accessible to other interested parties.

5.If a utility is part of a holding company system, the utility may not perform audits of a marketing affiliate. The holding company shall be responsible for ensuring the confidentiality of sensitive information gained during the course of an audit. A holding company may not utilize utility employees to perform an audit of a marketing affiliate.

6.If a utility is not part of a holding company system and has corporate and financial responsibilities for the marketing affiliate, an audit may be performed by utility support personnel. Confidential information obtained in an audit which may be market sensitive or may provide an unfair competitive advantage may not be shared with or made available to utility operating personnel.

7.A utility must file annually with the Commission a confidential report detailing transportation volumes and associated number of customers, by gas marketer.

D. ADVERTISING

1.Promotional materials may allow marketers to be identified as affiliated with utilities. However, neither utilities nor marketing affiliate personnel may represent that any advantage accrues to customers or others in the use of the utility's services as a result of that customer or others dealing with the marketing affiliate. Joint promotions between the utility and the marketing affiliate are prohibited, unless such promotions are offered to all other competitors under the same terms and conditions. A utility and a marketing affiliate may not share trademarks or logos.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-30-00-1 § 1.5 Standards for Competitive Gas Marketing

A. MARKETING LIMITATIONS

1.Utilities shall not provide leads to gas marketers and shall refrain from giving any appearance that the utility speaks on behalf of any gas marketer. Nor shall the marketing affiliate suggest that its receives preferential treatment as a result of its affiliation. If a customer requests information about marketers, a utility should provide a list of all approved gas marketers, including its affiliate, but should not promote its affiliate.

2.To the extent a utility provides a marketing affiliate information related to transportation which is not readily available or generally known to other gas marketers, including but not limited to utility customer lists, it must contemporaneously provide that information to all gas marketers on its system. A utility must file with the Commission procedures that will enable the Commission to determine how the utility is complying with this standard.

3.Utilities shall not condition or tie their agreements to release interstate pipeline capacity to any agreement by a gas supplier, customer or other third party relating to any service in which their marketers are involved.

B. CONDITIONS FOR COMPETITIVE SALES

1.A utility shall communicate with all market participants when it has gas supply or capacity, or both, available for release.

2.A utility may not sell gas supply or capacity to a marketing affiliate at less than a market-clearing price without either posting on an electronic bulletin board that is a well known source or placing an offering that would constitute an offering to the market of capacity or supply.

3.Utilities must apply any tariff provision relating to transportation in the same manner to the same or similarly situated gas marketers if there is discretion in the application of the provision.

4.Utilities shall uniformly enforce tariff provisions for which there is no discretion in the application of the provision for all transportation customers.

5.Utilities may not, through a tariff provision or otherwise, give a gas marketer or its customers preference over other gas marketers or customers in matters relating to transportation including, but not limited to, scheduling, balancing, metering, storage, standby service or curtailment policy. Utilities may not sell to their marketing affiliates gas and capacity on a bundled basis, unless such bundled service is offered contemporaneously on a similar basis to other gas marketers.

6.If a utility offers its marketing affiliate, or a customer of its affiliate, a discount, rebate, or fee waiver for transportation services, balancing, meters or meter installation, storage, standby service or any other service offered to shippers, it must contemporaneously offer the same discount, rebate, or fee waiver to all similarly situated non-affiliated gas marketers or customers by providing appropriate notification to the non-affiliated gas marketers or customers. A utility must file with the Commission procedures that will enable the Commission to determine how the utility is complying with this standard.

7.Utilities must process all similar requests for transportation in the same manner and within a similar period of time.

8.Utilities shall not disclose to any gas marketer any information obtained in connection with providing delivery or related services to another gas marketer or customer, a potential supplier or customer, any agent of such customer or potential supplier, or any other entity seeking to supply gas to a customer or potential customer.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-30-00-1 § 1.6 Administrative Standards

A. ACCOUNTING AND REPORTING

1.Utilities and their marketing affiliates shall keep separate books of accounts and records.

2.A utility shall keep sufficient records of transactions with a marketing affiliate to document, for all consummated sales or release transactions, all offers of, bids for, requests for, and sales of natural gas supplies, capacity, or both, including the evaluation criteria for acceptance and rejection. A utility shall maintain documentation of such marketing affiliates transactions, such as phone logs, so that the utility's activities can be audited.

3.If a utility provides tariffed on-system distribution services at a discounted rate, the utility shall maintain complete and accurate records of all service requests, service refusals, and service transactions arising under its tariffs.

4.A utility shall publicly disclose sales at wholesale or transfers of gas supply or capacity and related services for all transactions that are not tariffed transactions. A utility shall report all transactions within 30 days following the end of the month in which the transaction occurred.

a.For each transaction under § 1.6(A)(4) of this Part, disclosure shall include all of the following:

(1)The date of the contract or arrangement.

(2)The period covered.

(3)The type of transaction (commodity, capacity, storage balancing, etc.).

(4)Units sold or transferred.

(5)Conditions or restrictions placed on the transaction.

(6)The price for the transaction, including separate prices for each service offered on a stand-alone basis.

B. ENFORCEMENT

1.Should a utility or gas marketer be found to have violated these regulatory requirements, it will be subject to appropriate sanctions as determined by the Commission or any other entity having jurisdiction.

C. COMPLAINTS

1.Utilities shall establish a complaint procedure, which must contain the following elements:

a. All complaints, whether written or verbal, shall be referred to general counsel or other designated representative of the utility.

b. The designated utility representative counsel shall prepare and mail to the complainant an acknowledgment of receipt of such complaint within ten working days of receipt.

c. The designated utility representative shall prepare a written statement of the complaint which shall contain the name of the complainant and a detailed factual report of the complaint, including all relevant dates, companies involved, employees involved, and the specific claim. The designated utility representative shall provide a copy of the statement the complainant. The designated utility representative shall communicate the results of the preliminary investigation to the complainant in writing within thirty days after the complaint was received, including a description of any course of action which will be taken.

d. In the event the utility and the complainant are unable to resolve the complaint, the complainant may address the complaint to the Division.

D. The foregoing rules and regulations, after due notice and an opportunity for hearing, are hereby adopted and filed with the Secretary of State this 9th day of October, 1996, to become effective twenty (20) days after filing, pursuant to the provisions of R.I. Gen. Laws 1956 (1988 Reenactment) § 42-35-2(a)(2) and -3, and R.I. Gen. Laws 1956 (1984 Reenactment) § 39-1-11.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Technical Revision — effective from 2001-12-28 to 12/28/2001
Periodic Refile — effective from 2001-12-28 to 12/28/2001

Chapter 40 Electric

Subchapter 05 Renewable

810-RICR-40-05-1 Long-Term Contracting Standards for Renewable Energy

810-RICR-40-05-1 § 1.1 Authority

These regulations are promulgated pursuant to R.I. Gen. Laws Chapter 39-26.1.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-20 to 01/04/2022
Technical Revision — effective from 2010-01-28 to 03/14/2018
Adoption — effective from 2010-01-28 to 01/28/2010

810-RICR-40-05-1 § 1.2 Purpose

The purpose of this chapter is to implement Rhode Island’s Long-Term Contracting Standard for Renewable Energy.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-20 to 01/04/2022
Technical Revision — effective from 2010-01-28 to 03/14/2018
Adoption — effective from 2010-01-28 to 01/28/2010

810-RICR-40-05-1 § 1.3 Definitions

A. Except as otherwise expressly provided, terms with initial capitalization used in these regulations and not defined herein shall have the meaning as defined in the NEPOOL Rules and/or the Commission’s “Rules and Regulations Governing the Implementation of a Renewable Energy Standard.”

“Commercially reasonable” means terms and pricing that are reasonably consistent with what an experienced power market analyst would expect to see in transactions involving newly developed renewable energy resources as determined by the Commission. Commercially Reasonable shall include having a credible operation date, as determined by the commission, but a project need not have completed the requisite permitting process to be considered Commercially Reasonable.

2.“Commission” means the Rhode Island Public Utilities Commission.

3.“Credible operation date” means that a project is more likely than not to come on line within ninety (90) days of that which is projected as evidenced by documents filed by a Renewable Energy Developer showing, at a minimum, the following: commencement of permitting processes, a plan for completing all permitting processes, viable resource assessment or fuel supply plans and agreements, viable financing plans, viable installation and electrical interconnect plans, material progress toward acquisition of real property rights and evidence of material vendor activity. In determining whether an operation date proposed by a developer is credible, the Electric Distribution Company Commission shall give substantial consideration to the developer’s experience in completing similar projects by proposed dates, the track record and state of development of the particular technology being proposed, assignment of an ISO queue position, if required, and the developer’s ability to secure financing necessary to complete the project by the proposed date.

4.“Division” means the Rhode Island Division of Public Utilities and Carriers.

5.“Electric distribution company” means a company defined in subsection R.I. Gen. Laws § 39-1-2(12), supplying standard offer service, last resort service, or any successor service to end-use customers, but not including the Block Island Power Company or the Pascoag Utility District.

“FERC” means Federal Energy Regulatory Commission.

7.“Generation attributes” means the non-price characteristics of the electrical energy output of a generation unit including, but not limited to, the unit’s location, fuel type, actual emissions, vintage and policy eligibility. The Commission may modify this list as appropriate.

8.“ISO” means ISO New England Inc., authorized by the FERC to exercise for the New England Control Area the functions required pursuant to FERC’s Order No. 2000 and the FERC’s corresponding regulations, and any successor organization.

“Load asset” means the term as used in the New England Markets.

10.“Long-term contract” means a contract of ten (10) to fifteen (15) years in duration, or of a term greater than fifteen (15) years upon approval of the Commission.

11.“Minimum long-term contract capacity” means ninety (90) megawatts of which three (3) megawatts must be solar or photovoltaic projects located in the State of Rhode Island. In determining whether the minimum long-term contract capacity has been reached, the capacity under contract shall be adjusted by the capacity factor of each renewable generator as determined by the ISO-NE rules, as they may change from time to time. By way of example, a contract with a one hundred (100) megawatt facility with a thirty percent (30%) capacity factor would be counted as providing thirty (30) megawatts to the minimum long-term contract capacity requirement.

12.“NEPOOL GIS” means the Generation Information System operated by NEPOOL, its designee or successor entity, which includes a generation information database and certificate system, and that accounts for certain of the Generation Attributes of electrical energy consumed within, imported into or exported from NEPOOL.

13.“NEPOOL GIS certificate” means an electronic record produced by the NEPOOL GIS that identifies certain of the Generation Attributes of each megawatt-hour of electrical energy accounted for in the NEPOOL GIS.

“NEPOOL” means the New England Power Pool or its successor.

15.“NEPOOL rules” means all rules adopted by NEPOOL or the ISO, as such rules may be amended, modified, supplemented or superseded and restated from time to time, including but not limited to, the NEPOOL Agreement, the ISO Tariff, the ISO New England Operating Documents, the Transmission Operating Agreement, the Participants Agreement, the NEPOOL Manuals, and the NEPOOL Operating Procedures, as amended, superseded or restated from time to time.

“New England markets” means the Markets or programs for the purchase of energy, capacity, ancillary services, demand response services, NEPOOL GIS Certificates, or other related products or services (including Financial Transmission Rights) that are delivered through or useful to the operation of the New England Transmission System and that are administered by the ISO pursuant to rules, rates, or agreements on file from time to time with the FERC.

17.“Newly developed renewable energy resource” means electrical generation units that use exclusively an Eligible Renewable Energy Resource as defined in R.I. Gen. Laws § 39-26-5 and the Commission’s "Rules and Regulations Governing the Implementation of a Renewable Energy Standard" and that have neither begun operation nor have the developers of the units implemented investment or lending agreements necessary to finance the construction of the unit; provided, however, that any projects using Eligible Renewable Energy Resources and located within the state of Rhode Island which obtain project financing on or after January 1, 2009, shall qualify as Newly Developed Renewable Energy Resources for purposes of the first solicitation under R.I. Gen. Laws § 39-26.1-3.

18.“Renewable energy developer” means a person or entity engaged in the design, construction and/or operation of Newly Developed Renewable Energy Resources.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-20 to 01/04/2022
Technical Revision — effective from 2010-01-28 to 03/14/2018
Adoption — effective from 2010-01-28 to 01/28/2010

810-RICR-40-05-1 § 1.4 Long Term Contract Standard

A.On or before July 1, 2010, each Electric Distribution Company is required to annually solicit proposals from Renewable Energy Developers and, provided Commercially Reasonable proposals have been received, enter into Long-Term Contracts for the purchase of capacity, energy and attributes from Newly Developed Renewable Energy Resources.

B.Each Electric Distribution Company shall file its proposed timetable and method for solicitation and execution of such contracts no less than one hundred twenty (120) days prior to the issuance of the first annual solicitation and execution of such contracts for review and approval by the Commission.

In its filing supporting the timetable and methods for solicitation, which shall include at least one annual public solicitation, the Electric Distribution Company shall:

a.Describe the methods reviewed or selected;

b.Explain the rationale for choosing the proposed method selected and for rejecting other methods;

c.Set forth a clear timetable for each event that will occur prior to filing a contract for Commission review;

d.Set forth the Electric Distribution Company’s intent regarding the use of energy, capacity, NEPOOL GIS Certificates, and any other attributes procured, subject to the Electric Distribution Company’s right to seek Commission approval of alternative uses under R.I. Gen. Laws § 39-26.1-5(d);

e.Set forth the criteria that will be used to evaluate responses to the solicitation, including the value of direct economic benefits to the State of Rhode Island when evaluating whether the pricing is consistent with what an experienced power market analyst would expect to see in transactions involving Newly Developed Renewable Energy Resources.

f.Address how the Electric Distribution Company will seek to fulfill its annual obligation in the event the annual solicitation does not result in the execution of Commercially Reasonable contracts to fulfill the annual obligation.

g.Address how the Electric Distribution Company may, at its option, seek to execute Long-Term Contracts in excess of the given year’s annual obligation in the event the annual solicitation results in proposals that could reasonably result in the execution of Commercially Reasonable contracts in excess of the annual obligation.

2.Intervenors shall provide comments regarding the Electric Distribution Company’s proposal within forty-five (45) days of the filing.

3.The Division shall file comments regarding the Electric Distribution Company’s proposal within sixty (60) days of the filing.

4.The Electric Distribution Company and any intervenor may file Reply Comments following the Division’s Comments and prior to a hearing on the matter.

5.In the event the Electric Distribution Company determines that any changes should be made to its timetable and/or method for solicitation and execution of Long-Term Contracts after the initial solicitation, it shall file such proposed changes no less than one hundred twenty (120) days prior to the issuance of the next annual solicitation for review by the Commission as set forth in §§ 1.4(B)(1) through 1.4(B)(4) of this Part.

C.An Electric Distribution Company shall not be required to enter into Long-Term Contracts for Newly Developed Renewable Energy Resources that exceed the following four (4) year phased schedule:

1.By December 30, 2010: Twenty-five percent (25%) of the Minimum Long-Term Contract Capacity;

2.By December 30, 2011: Fifty percent (50%) of the Minimum Long-Term Contract Capacity;

3.By December 30, 2012: Seventy-five percent (75%) of the Minimum Long-Term Contract Capacity;

4.By December 30, 2013: One-hundred percent (100%) of the Minimum Long-Term Contract Capacity.

D.Provided, however, that no Electric Distribution Company shall be obligated to enter into Long-Term Contracts for Newly Developed Renewable Energy Resources on terms which the electric distribution company reasonably believes to be commercially unreasonable. In the event no Commercially Reasonable responses are received pursuant to the solicitations, the Electric Distribution Company’s annual obligation as set forth in § 1.4(B)(5) of this Part will roll forward to the next year and the Electric Distribution Company shall not be considered non-compliant with its obligation for that year.

E.Within five (5) days following the receipt of proposals resulting from the annual solicitation, the Electric Distribution Company shall consult with the Division.

F.Long-Term Contracts executed by the Electric Distribution Company shall be filed with and be reviewed and approved by the Commission within sixty (60) days before they become effective and shall contain a condition to that effect. The Electric Distribution Company shall cause to be published in the Providence Journal, or other newspaper of general circulation to the State of Rhode Island, a Notice of Filing on the date when any Long-Term Contract under these Rules is filed for Commission review and approval. The Commission will hold a hearing within forty-five (45) days of the filing. To the extent practical, the proceeding will be governed by the "Public Utilities Commission Rules of Practice and Procedure."

G. If there is a dispute about whether any terms or pricing of a proposal are Commercially Reasonable, the Commission will make a final determination after and evidentiary hearing.

H.Within thirty (30) days of the execution of final contracts, or upon a determination that no Commercially Reasonable contracts could be entered into, the Electric Distribution Company shall file with the Commission a report on each solicitation regarding the results of such solicitation, even if no contracts are executed following the solicitation. The report shall include:

1.Brief description of solicitation;

2.Number of proposals received;

3.Generation source of each proposal;

4.Total MW offered, broken out by generation source, and average capacity factor for each source;

5.Number of proposals accepted;

6.Number of proposals rejected and the reasons (i.e., why they were not considered Commercially Reasonable, etc.);

7.Total MW under contract; and

8.Lessons learned

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-20 to 01/04/2022
Technical Revision — effective from 2010-01-28 to 03/14/2018
Adoption — effective from 2010-01-28 to 01/28/2010

810-RICR-40-05-1 § 1.5 Long-Term Contracts Requirements:

A.Long-Term Contracts shall contain provisions and terms to address the features and risks that are unique to the purchase of Newly Developed Renewable Energy Resources. Such terms shall include the following:

1.Definitions particular to energy, capacity, and renewable energy certificate transactions;

2.Purchase and sale of energy, capacity and/or renewable energy certificates;

3.Quantities;

4.Representations and warranties of the parties;

5.Obligations of the parties;

6.Relationship of the parties;

7.Non-performance, and Remedies;

8.Default;

9.Term, termination and waiver;

10.Binding milestones and associated remedies;

11.Credit and Collateral, if any appropriate to the nature of the project including subordination of interests to project lenders;

12.Additional agreements conforming to the nature of the transaction;

13.Price; and

14.Operational dates.

B.All approved projects, regardless of their location, shall provide other direct economic benefits to the State of Rhode Island, such as job creation, increased property tax revenues or other similar revenues deemed substantial by the Commission as determined on a case-by-case basis. In reviewing the responses to each solicitation, the Electric Distribution Company shall conduct an analysis of the value of the respective direct economic benefits to the State of Rhode Island in relation to the cost under the contract.

C.All Long-Term Contracts shall contain provisions which allow the Electric Distribution Company to terminate, without penalty to the Electric Distribution Company, the contract after three (3) years of execution should the Electric Distribution Company or the Commission determine that material progress on the project is not being made, as determined by evaluating the success in meeting milestones in the contract. In the event a Long-Term contract is so terminated, the Electric Distribution Company will not be found non-compliant with this regulation because of the termination, and it shall be required to make additional annual solicitation and enter into additional Long-Term Contracts in order to replace the energy, capacity and/or NEPOOL GIS Certificates lost as a result of the termination.

D.In the event the Electric Distribution Company receives responses to its solicitations that would result in Commercially Reasonable contracts in excess of the annual obligation set forth in § 1.4(B) of this Part, the Electric Distribution Company shall provide an analysis of the value of the respective direct economic benefits to the State of Rhode Island including the benefit of stabilizing rates for its customers, in relation to the cost under the contract to determine which contracts to execute.

E.A copy of each executed Long-Term Contract between the Electric Distribution Company and the Renewable Energy Developer shall be filed with the Commission in its entirety. The entire contract shall be a public document.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-20 to 01/04/2022
Technical Revision — effective from 2010-01-28 to 03/14/2018
Adoption — effective from 2010-01-28 to 01/28/2010

810-RICR-40-05-1 § 1.6 Compliance

A.Compliance with the Long-Term Contract standard shall be demonstrated through procurement pursuant to the provisions of a Long-Term Contract of energy, capacity and attributes reflected in NE-GIS certificates relating to generating units certified by the Commission as using Newly Developed Renewable Energy Resources.

B.A generating unit shall be certified as using Newly Developed Renewable Energy Resource through its Applications in accordance with the Commission’s "Rules and Regulations Governing the Implementation of a Renewable Energy Standard."

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-20 to 01/04/2022
Technical Revision — effective from 2010-01-28 to 03/14/2018
Adoption — effective from 2010-01-28 to 01/28/2010

810-RICR-40-05-1 § 1.7 Use of Energy and RECs Obtained Through Long-Term Contracts

A.Unless the Commission approves otherwise, all energy and capacity purchased by an Electric Distribution Company pursuant to R.I. Gen. Laws § 39-26.1 shall be immediately sold by the Electric Distribution Company into the wholesale spot market through arms-length transactions.

B.Unless the Commission approves otherwise, any attributes including NE-GIS certificates purchased by an Electric Distribution Company pursuant to R.I. Gen. Laws § 39-26.1 shall be sold through a competitive bidding process in a commercially reasonable manner.

C.Subject to Commission approval, and in accordance with its plan filed per § 1.4(C) of this Part, an Electric Distribution Company shall be permitted to do the following:

1.to use the energy, capacity and other attributes purchased for resale to customers; and/or

2.to use the NE-GIS certificates for purposes of meeting the obligations set forth in R.I. Gen. Laws § 39-26-1 et seq., provided, however, that the Commission finds that such sales would not have a detrimental impact on energy markets, on the market for NE-GIS certificates, and is otherwise in the interest of utility customers.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-20 to 01/04/2022
Technical Revision — effective from 2010-01-28 to 03/14/2018
Adoption — effective from 2010-01-28 to 01/28/2010

810-RICR-40-05-1 § 1.8 Netting of Costs and Remuneration to Distribution Companies

A.An Electric Distribution Company shall receive an annual remuneration equal to 2.75% of the actual annual payments made under the contracts for those projects that are commercially operating.

B.The annual remuneration shall be calculated and determined as part of the Electric Distribution Company’s annual reconciliation of costs set forth below.

C.The Electric Distribution shall file tariffs with the Commission that net the cost of payments made to projects under the Long-Term Contracts against the proceeds obtained from the sale of energy, capacity, RECs or other attributes. The difference shall be credited or charged to all distribution customers through a uniform fully reconciling annual factor in distribution rates.

D.The annual reconciliation shall be designed so that customers are credited with any net savings resulting from the Long-Term Contracts and the Electric Distribution Company recovers all costs incurred under such contracts.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-20 to 01/04/2022
Technical Revision — effective from 2010-01-28 to 03/14/2018
Adoption — effective from 2010-01-28 to 01/28/2010

810-RICR-40-05-1 § 1.9 Long-Term Contracts and RES Requirements

An Electric Distribution Company’s obligation to enter into Long-Term Contracts under these Rules is separate and distinct from its obligation to meet RES requirements.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-07-20 to 01/04/2022
Technical Revision — effective from 2010-01-28 to 03/14/2018
Adoption — effective from 2010-01-28 to 01/28/2010

810-RICR-40-05-2 Implementation of a Renewable Energy Standard

810-RICR-40-05-2 § 2.1 Authority

A.These regulations are promulgated pursuant to R.I. Gen Laws § 39-26, et seq.

History

Amendment — effective from 2024-05-28 to current
Periodic Refile — effective from 2022-01-04 to 05/28/2024
Technical Revision — effective from 2007-07-25 to 01/04/2022
Technical Revision — effective from 2007-07-25 to 07/25/2007
Amendment — effective from 2007-07-25 to 07/25/2007
Adoption — effective from 2006-01-01 to 07/25/2007

810-RICR-40-05-2 § 2.2 Purpose

A.The purpose of this Chapter is to implement Rhode Island’s Renewable Energy Standard law, R.I. Gen Laws § 39-26-1 et seq., as enacted June 29, 2004, and amended on June 27, 2022, referred to hereafter as the “Renewable Energy Act.”

History

Amendment — effective from 2024-05-28 to current
Periodic Refile — effective from 2022-01-04 to 05/28/2024
Technical Revision — effective from 2007-07-25 to 01/04/2022
Technical Revision — effective from 2007-07-25 to 07/25/2007
Amendment — effective from 2007-07-25 to 07/25/2007
Adoption — effective from 2006-01-01 to 07/25/2007

810-RICR-40-05-2 § 2.3 Definitions

A.Except as otherwise expressly provided, terms with initial capitalization used in these regulations and not defined herein shall have the meaning as defined in the NEPOOL Rules.

1."Aggregation owner" means a person or entity that owns or controls a single Customer-sited or Off-grid Generation Facility, or a collection of such facilities, along with any associated NEPOOL GIS Certificates, and who applies for and receives certification of an aggregation from the commission pursuant to § 2.6(H) of this Part. An Aggregation Owner may be the same entity that owns the generation unit(s) in the aggregation.

2."Alternative compliance payment" means a payment to the Renewable Energy Development Fund of fifty dollars ($50.00) per megawatt-hour of renewable energy obligation, in 2003 dollars, adjusted annually by the annual change in the U.S. Bureau of Labor Statistics Consumer Price Index, which may be made in lieu of standard means of compliance with these regulations.

3."Commission" means the Rhode Island Public Utilities Commission.

4."Compliance year" means a calendar year beginning January 1 and ending December 31, for which an Obligated Entity must demonstrate that it has met the requirements of these regulations.

5."Customer-sited generation facility" means a Generation Unit that is interconnected on the End-use Customer’s side of the retail electricity meter in such a manner that it displaces all or part of the metered consumption of the End-use Customer.

6."Electrical energy product" means an electrical energy offering, including but not limited to last resort and standard offer service, or any successor service, that can be distinguished by its Generation Attributes or other characteristics, and that is offered for sale by an Obligated Entity to End-use Customers.

7."Eligible biomass fuel" means fuel sources including brush, stumps, lumber ends and trimmings, wood pallets, bark, wood chips, shavings, slash, yard trimmings, site clearing waste, wood packaging, and other clean wood that is not mixed with other unsorted solid wastes; agricultural waste, food and vegetative material; energy crops; landfill methane or biogas, provided that such gas is collected and conveyed directly to the Generation Unit or with use of facilities used as common carriers of natural gas subject to a conveyance plan approved by the Commission; or neat bio-diesel and other neat liquid fuels that are derived from such fuel sources.

a.Generation Units using wood sources other than those listed above may make application, as part of the required fuel source plan described in § 2.7 of this Part, for the Commission to approve a particular wood source as “clean wood.” The burden will be on the applicant to demonstrate that the wood source is at least as clean as those listed in the legislation. Wood sources containing resins, glues, laminates, paints, preservatives, or other treatments that would combust or off-gas, or mixed with any other material that would burn, melt, or create other residue aside from wood ash, will not be approved as clean wood.

8."Eligible renewable energy resource" means a resource as defined in § 2.5 of this Part.

9."End-use customer" means a person or entity in Rhode Island that purchases electrical energy at retail from an Obligated Entity except that a Generating Unit, taking station service at wholesale from ISO or self-supplying from its other generating stations, shall not be considered an End-use Customer.

10."Existing renewable energy resources" means Generation Units using Eligible Renewable Energy Resources and first entering commercial operation before December 31, 1997.

11."FERC" means the Federal Energy Regulatory Commission, or its successor.

12."Generation attributes" means the non-price characteristics of the electrical energy output of a generation unit including, but not limited to, the unit’s location, fuel type, actual emissions, vintage and policy eligibility. The Commission may modify this list as appropriate.

13."Generation unit" means a facility that converts a fuel or an energy resource into electrical energy.

14."Historical generation baseline" means, for all Eligible Renewable Energy Resources including Intermittent Resources, the average annual electrical production from the Eligible Renewable Energy Resources, stated in megawatt-hours (MWhs), for the three calendar years 1995 through 1997, or for the first 36 months after the Commercial Operation Date if that date is after December 31, 1994 (the “Baseline Period”); provided however, that the Historical Generation Baseline shall be measured regardless of whether or not the average annual electrical production during the Baseline Period meets the eligibility requirements of § 2.5 of this Part.

15."Intermittent resource" means a Generation Unit utilizing wind, solar, or Small Hydro energy resources.

16."ISO" means ISO New England Inc., authorized by the FERC to exercise for the New England Control Area the functions required pursuant to FERC’s Order No. 2000 and the FERC’s corresponding regulations, and any successor organization.

17."Load asset" means the term as used in the New England Markets.

18."Load obligation" means the energy obligation as defined and determined by the ISO in the New England Markets inclusive of applicable line losses.

19."NEPOOL GIS" means the Generation Information System operated by NEPOOL, its designee or successor entity, which includes a generation information database and certificate system, and that accounts for certain of the Generation Attributes of electrical energy consumed within, imported into or exported from NEPOOL.

20."NEPOOL GIS certificate" means an electronic record produced by the NEPOOL GIS that identifies certain of the Generation Attributes of each megawatt-hour of electrical energy accounted for in the NEPOOL GIS.

21."NEPOOL" means the New England Power Pool or its successor.

22."NEPOOL rules" means all rules adopted by NEPOOL or the ISO, as such rules may be amended, modified, supplemented or superseded and restated from time to time, including but not limited to, the NEPOOL Agreement, the ISO Tariff, the ISO New England Operating Documents, the Transmission Operating Agreement, the Participants Agreement, the NEPOOL Manuals, and the NEPOOL Operating Procedures, as amended, superseded or restated from time to time.

23."New England markets" means the Markets or programs for the purchase of energy, capacity, ancillary services, demand response services or other related products or services (including Financial Transmission Rights) that are delivered through or useful to the operation of the New England Transmission System and that are administered by the ISO pursuant to rules, rates, or agreements on file from time to time with the FERC.

24."New renewable energy resources" means:

a.at a new site, the entire output of a Generation Unit which uses Eligible Renewable Energy Resources and first entered commercial operation after December 31, 1997; or

b.at the site of an Existing Renewable Energy Resource, the entire output of a new Generation Unit which uses Eligible Renewable Energy Resources and first entered commercial operation after December 31, 1997, provided that the Existing Renewable Energy Resource has been retired and replaced with such new Generation Unit; or

c.the entire output of a Repowered Generation Unit which uses Eligible Renewable Energy Resources and such Repowered Generation Unit first entered commercial operation after December 31, 1997 at the site of an existing Generation Unit; or

d.for a multi-fuel facility, pursuant to § 2.5(A)(1)(f) of this Part, the renewable energy fraction of output from a Generation Unit in which an Eligible Biomass Fuel is first co-fired with fossil fuels after December 31, 1997; or

e.for an Existing Renewable Energy Resource other than an Intermittent Resource, the incremental output in any Compliance Year over the Historical Generation Baseline, provided that such Existing Renewable Energy Resource using Eligible Renewable Energy Resources was certified by the Commission pursuant to § 2.6 of this Part to have demonstrably completed capital investments after December 31, 1997 attributable to the efficiency improvements or additions of capacity that are sufficient to, were intended to, and can be demonstrated to increase annual electricity output in excess of ten percent (10%). The determination of incremental production for purposes of this paragraph shall not be based on any operational changes at such facility not directly associated with the efficiency improvements or additions of capacity; or

f.for an Existing Renewable Energy Resource that is an Intermittent Resource, provided that such Existing Renewable Energy Resource using Eligible Renewable Energy Resources was certified by the Commission pursuant to § 2.6 of this Part to have demonstrably completed capital investments after December 31, 1997 attributable to the efficiency improvements or additions of capacity that are sufficient to, were intended to, and have demonstrated on a normalized basis to increase annual electricity output in excess of ten percent (10%), the incremental production in any Compliance Year shall be determined as a percentage of production in each month. Such percentage shall be equal to the percentage of average annual production at the Generation Unit following the improvements or additions of capacity that are attributable to the efficiency improvements or additions of capacity placed in service after December 31, 1997 as determined by the Commission using the information consistent with that used to determine the Historical Generation Baseline for such facility. Such percentage shall be certified by the Commission. The determination of incremental production for purposes of this paragraph shall not be based on any operational changes at such facility not directly associated with the efficiency improvements or additions of capacity. In no event shall any production that would have existed during the Historical Generation Baseline period in the absence of the efficiency improvements or additions to capacity be considered incremental production for purposes of this paragraph.

25."Nonregulated power producers" mean the same as defined in R.I. Gen. Laws § 39-1-2(19).

26."Obligated entity" means:

a.a person or entity that sells electrical energy to End-use Customers in Rhode Island, including, but not limited to: Nonregulated Power Producers and electric utility distribution companies, as defined in R.I. Gen. Laws § 39-1-2, supplying standard offer service, last resort service, or any successor service to End-use Customers; including Narragansett Electric, but not to include Block Island Power Company or Pascoag Utility District; or

b.to the extent not otherwise required to register and act as a NPP, any customer buying electricity supply directly from wholesale markets. In no event shall the ISO or NEPOOL be considered an Obligated Entity.

27."Off-grid generation facility" means a Generation Unit that is not connected to a utility transmission or distribution system.

28."Prime mover" means

a.for a landfill gas facility, the entire internal combustion engine or combustion turbine;

b.for a biomass facility, the entire boiler;

cfor a wind facility, the entire wind turbine, including the generator, gearbox (if any), nacelle, and turbine;

d.for a small hydro-electric facility, the entire turbine and structures supporting the turbine;

e.for a geothermal facility, the entire steam turbine, including the turbine rotors, shaft, stationary blades, and gear assemblies;

f.for a digester gas facility, the entire digester unit and internal combustion engine or combustion turbine as applicable; and

g.for a solar thermal facility, the entire steam turbine.

30."Repowered generation unit" means:

a.an existing Generation Unit that completely replaces its Prime Mover with a new one pursuant to § 2.3(A)(27) of this Part; and

b.the then existing Generation Unit must demonstrate to the satisfaction of the Commission either:

(1)a material increase in its efficiency or

(2)a material decrease in its air emissions such as obtaining a new Title V air permit based upon BACT (best alternative control technology) for that generation technology; and

c.the completed repowered Generation Unit must demonstrate that 80% of its resulting tax basis of the entire Generation Unit’s plant and equipment (but not its property and intangible assets) is derived from capital expenditures made after December 31, 1997.

30."Reserved certificate" means a NEPOOL GIS certificate sold independent of a transaction involving electrical energy, pursuant to “Rule 3.5 Reserved Certificates” or a successor rule of the NEPOOL GIS Operating Rules.

31."Reserved certificate account" means a specially designated account established by an Obligated Entity, pursuant to “Rule 3.5 Reserved Certificates” or a successor rule of the operating rules of the NEPOOL GIS Operating Rules, for transfer and retirement of Reserved Certificates from the NEPOOL GIS.

32."Small hydro facility" means a facility employing one or more hydroelectric turbine generators and with an aggregate capacity not exceeding thirty (30) megawatts. For purposes of this definition, “facility” shall be defined in a manner consistent with 18 C.F.R. §§ 292.204(a)(2)(i) and (ii) as of the date of enactment of the Renewable Energy Act (June 29th, 2004); provided, however, that the size of the facility is limited to no greater than thirty (30) megawatts, rather than eighty (80) megawatts. For a Small Hydro Facility to be eligible as a New Renewable Energy Resource it must in no case involve any new impoundment or diversion of water with an average salinity of twenty (20) parts per thousand or less.

33."Verifier" means a person or entity, independent of a Generation Unit in an aggregation, an Aggregation Owner, the operator of an aggregation, or any other party that might create a conflict of interest in assuring accurate NEPOOL GIS Certificate creation, who:

a.is responsible for monitoring, verifying and entering into the NEPOOL GIS the quantity of eligible energy produced by Generation Units in an aggregation, a Customer-Sited Generation Facility, or an Off-grid Generation Facility whose energy production data (or any part thereof) is not automatically included in the ISO Market Settlement System; and

b.meets the requirements of a Verifier under § 2.6(H) of this Part. A Verifier may be the local electric distribution company, provided all qualifications contained in § 2.6(H)(3) of this Part and §§ 2.6(H)(4)(b), (c), (f), and (g) of this Part are met.

History

Amendment — effective from 2024-05-28 to current
Periodic Refile — effective from 2022-01-04 to 05/28/2024
Technical Revision — effective from 2007-07-25 to 01/04/2022
Technical Revision — effective from 2007-07-25 to 07/25/2007
Amendment — effective from 2007-07-25 to 07/25/2007
Adoption — effective from 2006-01-01 to 07/25/2007

810-RICR-40-05-2 § 2.4 Renewable Energy Standard

A.Starting in Compliance Year 2007, all Obligated Entities shall obtain, from Eligible Renewable Energy Resources, a target percentage of at least three percent (3%) of electricity sold by an Obligated Entity at retail to Rhode Island End-use Customers, inclusive of losses. For the purposes of this Section, electricity sold by an Obligated Entity at retail to Rhode Island End-use Customers shall equal the sum of the Load Obligations for each Load Asset in the New England Markets that represents the electricity sold by an Obligated Entity at retail to Rhode Island End-use Customers. The target percentage in 2021 is at least seventeen and one-half percent (17.5%). In each subsequent Compliance Year, the target percentage shall increase according to the table in § 2.4(C) of this Part below, except as provided in § 2.4(D) of this Part.

B.For each Obligated Entity and in each Compliance Year, the amount of retail electricity sales used to meet this obligation that is derived from Existing Renewable Energy Resources shall not exceed two percent (2%) of total retail electricity sales.

C.Target Table

Compliance Year

Total Target Percentage

Percentage from New Renewable Energy Resources

Percentage from either New or Existing Renewable Energy Resources

2007

3.0%

1.0%

2.0%

2008

3.5%

1.5%

2.0%

2009

4.0%

2.0%

2010

4.5%

2.5%

2.0%

2011

5.5%

3.5%

2.0%

2012

6.5%

4.5%

2.0%

2013

7.5%

5.5%

2.0%

2014

8.5%

6.5%

2.0%

2015

10.0%

8.0%

2.0%

2016

11.5%

9.5%

2.0%

2017

13.0%

11.0%

2.0%

2018

14.5%

12.5%

2.0%

2019

14.5%

12.5%

2.0%

2020

16.0%

14.0%

2.0%

2021

17.5%

15.0%

2.0%

2022

19.0%

17.0%

2.0%

2023

23.0%

21.0%

2.0%

2024

28.0%

26.0%

2.0%

2025

34.0%

32.0%

2.0%

2026

41.0%

39.0%

2.0%

2027

48.0%

46.0%

2.0%

2028

55.5%

53.5%

2.0%

2029

63.5%

61.5%

2.0%

2030

72.0%

70.0%

2.0%

2031

81.0%

79.0%

2.0%

2032

90.5%

88.5%

2.0%

2033 and each year thereafter

100.0%

98.0%

2.0%

D.Notwithstanding the foregoing, nonregulated power producers engaged in the retail sale of electricity pursuant to a supply contract that was executed prior to July 1, 2022, shall be required to obtain, from Eligible Renewable Energy Resources, a target percentage of at least nineteen percent (19.0%) of electricity sold by an Obligated Entity at retail to Rhode Island End-use Customers, inclusive of losses in compliance year 2022, and an additional one and one-half percent (1.5%) applicable to the load covered by the supply contract for the period covered by the supply contract in each subsequent compliance year until the end date of the term of the supply contract.

E.If an Obligated Entity represents to a customer that the Obligated Entity is selling to the customer an Electrical Energy Product that includes more than the amount of Eligible Renewable Energy Resources required under these regulations, the Eligible Renewable Energy Resources necessary to supply more than the minimum required under these regulations of that customer’s load may not be applied to meet the aggregate requirements of the Renewable Energy Standard.

F.Notwithstanding the foregoing, municipalities engaged in aggregation pursuant to R.I. Gen. Laws § 39-3-1.2 may include in their aggregation plans terms that would allow voluntary renewable energy products to be counted toward meeting such percentages.

History

Amendment — effective from 2024-05-28 to current
Periodic Refile — effective from 2022-01-04 to 05/28/2024
Technical Revision — effective from 2007-07-25 to 01/04/2022
Technical Revision — effective from 2007-07-25 to 07/25/2007
Amendment — effective from 2007-07-25 to 07/25/2007
Adoption — effective from 2006-01-01 to 07/25/2007

810-RICR-40-05-2 § 2.5 Eligibility

A.Eligible Renewable Energy Resources are either:

1.Generation Units in the NEPOOL Control Area using:

a.direct solar radiation;

b.the wind;

c.movement of or the latent heat of the ocean;

d.the heat of the earth;

e.Small Hydro Facilities;

f.biomass facilities using Eligible Biomass Fuels and maintaining compliance with current air permits; Eligible Biomass Fuels may be co-fired with fossil fuels, provided that only the renewable energy fraction of production from multi-fuel facilities shall be considered eligible; or

g.fuel cells using the renewable resources referenced in this Section.

B.Generation Units located in a control area adjacent to NEPOOL, provided the associated Generation Attributes shall be applied to the Renewable Energy Standard only to the extent that the energy produced by the Generation Unit is actually delivered into NEPOOL for consumption by New England customers. The delivery of such energy from the Generation Unit into NEPOOL must be verified by:

1.a unit-specific bilateral contract for the sale and delivery of such energy into NEPOOL. A confirmation agreement with the adjacent control area’s energy scheduling system that designates a unit specific source of energy, destination of the energy, and financially responsible party for the energy meets this requirement; and

2.confirmation from ISO that the renewable energy was actually settled in the ISO Market Settlement System; and

3.confirmation through the North American Reliability Council tagging system that the import of the energy into NEPOOL actually occurred; or

4.any such other requirements as the Commission deems appropriate.

C.Furthermore, any party using Generation Attributes from a Generation Unit located in control area adjacent to NEPOOL must provide documentation satisfactory to the Commission that the Generation Attributes have not otherwise been, nor will be, sold, retired, claimed or represented as part of electrical energy output or sales, or used to satisfy obligations in jurisdictions other than Rhode Island such as a report from a neighboring Generation Attribute accounting system or an affidavit.

D.Waste-to-energy technologies or processes of any sort or manner, whether thermal or non-thermal, whether aerobic or non-aerobic, shall in no instance be considered an eligible fuel or resource. Waste-to-energy technologies or processes include, but are not limited to, oxidation of waste, anaerobic treatments, and thermal treatments such as pyrolysis, gasification or plasma processes or treatment of inorganic and/or organic wastes with or without the recovery of the combustion heat generated. Eligible Biomass Fuels removed from the waste stream are eligible only if used after being fully separated from other waste. Gas resulting from the anaerobic digestion of sewage or manure is considered to be a type of biogas, and therefore an Eligible Biomass Fuel that has been fully separated from the waste stream. Landfill gas, which is an Eligible Biomass Fuel, means only that gas recovered from inside a landfill and resulting from the natural decomposition of waste, and that would otherwise be vented or flared as part of the landfill's normal operation if not used as a fuel source.

E.NEPOOL GIS Certificates associated with energy production from Off-grid Generation and Customer-sited Generation Facilities certified by the Commission as Eligible Renewable Energy Resources may also be used to demonstrate compliance.

F.Initial title to tradable emission credits under existing programs from all Eligible Renewable Energy generation facilities shall accrue to the owner of such a Generation Unit, unless such title has been explicitly deemed transferred pursuant to contract or regulatory order.

History

Amendment — effective from 2024-05-28 to current
Periodic Refile — effective from 2022-01-04 to 05/28/2024
Technical Revision — effective from 2007-07-25 to 01/04/2022
Technical Revision — effective from 2007-07-25 to 07/25/2007
Amendment — effective from 2007-07-25 to 07/25/2007
Adoption — effective from 2006-01-01 to 07/25/2007

810-RICR-40-05-2 § 2.6 Certification

A.The Commission will certify Eligible Renewable Energy Resources by issuing statements of qualification within ninety (90) days of application.

1.Applicants for certification of Renewable Energy Resources must use the standardized application for certification developed by the Commission for such purpose. If a Generation Unit has been certified in another state, then the applicant must attach that state’s order to its certification application. Applicants proposing the use of a biomass fuel must include with the application a biomass fuel source plan, as described in § 2.7 of this Part. All filings must be in conformance with the Commission’s Rules of Practice and Procedure, in particular § 1.6 of this Subchapter, or its successor regulation, entitled “Formal Requirements as to Filings.”

2.The Commission will make available all completed Renewable Energy Resource Eligibility forms, including attachments.

3.Any party in interest may comment on such filings to the Commission in writing within 30 days. Following the 30-day comment period, the Commission will consider an application for certification in an open meeting. The Commission may approve the application or request at that time, or set the matter for hearing following not less than 10-day notice.

4.The Commission’s statement of qualification will include a unique certification number for each Generation Unit, and will designate whether the facility is qualified as a New Renewable Energy Resource, an Existing Renewable Energy Resource, or a resource capable of producing as both a New and Existing Renewable Energy Resource. For any Generation Unit qualified as capable of producing as both a New and Existing Renewable Energy Resource, and therefore able to produce “new” and “existing” NEPOOL GIS Certificates, the Commission will issue two statements of qualification, one as a New Renewable Energy Resource and one as an Existing Renewable Energy Resource. For such Generation Units with both New and Existing Renewable Energy Resource statements of qualification, each statement of qualification shall clearly delineate all information necessary for the NEPOOL GIS administrator to properly allocate the Generation Unit’s production among New and Existing Renewable Energy Resources, consistent with § 2.3(A)(23) of this Part.

a.Facilities that have met all of the requirements except achievement of commercial operation or obtaining their NEPOOL-GIS number may receive approval from the Commission conditioned on submitting evidence that those conditions have been met. In such instances, following submittal of the required evidence, the unique certification number is issued to the facility.

B.The Commission or its consultant will provide non-binding prospective reviews for applicants seeking a preliminary determination as to whether a facility would be eligible prior to the formal certification process described in §§ 2.6(A)(1) through (4) of this Part:

C.The Commission will verify the on-going eligibility of renewable energy generators and the production of energy from such Generation Units, as follows:

1.Renewable Energy Resources of the type that combust fuel to generate electricity including but not limited to biomass facilities and dual fuel facilities must file quarterly reports due 60 days after the end of each quarter on the fuel stream used during the quarter. Such reports shall include the amounts, energy content, and other details of all fuels used and energy generated, sufficient to allow the Commission to determine the resource’s eligibility under the Renewable Energy Act and, in the case of plants that co-fire an Eligible Biomass Fuel with a fossil fuel, to allow the Commission to determine or verify what amount of the Renewable Energy Resource’s generation during that quarter is certified as being eligible. Generation Units that fail to supply such reports may be de-certified.

2.Renewable Energy Resources generation data reported in NEPOOL-GIS will be visible to state regulators.

3.Any other verification as required by the Commission in its certification order.

4.The Commission or persons acting at its behest may conduct audits or site visits to assist in verification at any time at the Commission’s discretion.

D.To the extent consistent with the requirements of these regulations, the Commission will rely upon the NEPOOL GIS for verification of production of energy from Generation Units certified as eligible

E.Generators, once certified, shall notify the Commission in the event of a change in a generator’s eligibility status. When and if, in the Commission’s opinion, after due consideration, there is a material change in the characteristics of a Generation Unit or its fuel stream that could alter its eligibility, such Generation Unit must be recertified. Recertification of a Generation Unit will be conducted in the same manner as the certification process outlined above. Applicants for recertification of a Generation Unit must clearly state on the Renewable Energy Resources Eligibility Form that they are applying for recertification.

F.Suspension or Revocation: The Commission may suspend or revoke the certification of Generation Units, certified in accordance with § 2.6 of this Part, that are found, after notice and an opportunity for hearing, to provide false information or that fail to notify the Commission in the event of a change in eligibility status or otherwise comply with its rules. Other sanctions are detailed in § 2.10 of this Part.

1.A Commission order suspending certification will include a fixed period of time during which the Generation Unit shall not be eligible to provide NEPOOL GIS Certificates under these regulations.

2.A Commission order revoking certification of a generator under these rules may include a specific time period which must elapse before the Generation Unit may apply for recertification.

3.Time periods listed in §§ 2.6(F)(1) and (2) of this Part as well as other sanctions levied by the Commission should reflect the seriousness and number of instances of non-compliance by the Generation Unit.

G.With the exception of contracts for generation supply entered into prior to 2002, initial title to NEPOOL GIS Certificates from Off-grid and Customer-sited Generation Facilities and from all other Eligible Renewable Energy Resources shall accrue to the owner of such a Generation Unit, unless such title has been explicitly deemed transferred pursuant to contract or regulatory order.

H.Customer-sited and Off-grid Generation facility:

1.Customer-sited and Off-grid Generation Facilities may be certified as an eligible resource if their NEPOOL GIS Certificates are created by way of an aggregation of Generation Units using the same generation technology and vintage (e.g. New versus Existing), and so long as the aggregation is certified by the Commission. Such Generation Units that are interconnected on the End-use Customer’s side of the retail electricity meter in such a manner that it displaces all or part of the metered consumption of the End-use Customer, or not connected to a utility transmission or distribution system, will be eligible.

2.An aggregation may consist of as few as one Generation Unit, and the aggregation may be owned and/or operated by the same entities that own the Generation Units in the aggregation. In applying for certification by the Commission, the Aggregation Owner shall submit proposed procedures under which their particular aggregation will operate (“Aggregation Agreement,” see § 2.6(H)(4) of this Part). The Commission may then certify the aggregation as an eligible Generation Unit, stipulating that the aggregation follow the procedures specified in the Aggregation Agreement. For the purposes of these Renewable Energy Standard regulations, an aggregation so certified will be considered a single “Generation Unit.” Once certified by the Commission, individual Generation Units may enter or leave the aggregation without requiring approval of the Commission, so long as additions or subtractions from the aggregation comply with the Aggregation Agreement. Any changes to or deviations from the Aggregation Agreement will be considered a change in generator status, and will require recertification by the Commission.

3.NEPOOL GIS Certificates created by an aggregation shall be monitored and verified by a “Verifier”. A Verifier may seek certification from the Commission. A request for certification by a Verifier must demonstrate the Verifier’s independence, and describe procedures and qualifications by which the Verifier would fulfill each of the obligations placed upon the Verifier under § 2.6(H)(3) of this Part and §§ 2.6(H)(4)(b), (c)(1) through (3), (f)(1) through (3), (g), and (h) of this Part. Nothing in this language is meant to preclude the electric distribution company from being retained as the Verifier, assuming all qualifications contained in § 2.6(H)(3) of this Part and §§ 2.6(H)(4)(b), (c)(1) through (3), (f)(1) through (3), (g), and (h) of this Part are met.

4.In making application for certification of an aggregation as an eligible Generation Unit, the Aggregation Owner shall provide the Commission a proposed Aggregator Agreement, which shall contain the following information:

a.Name and contact information of the Aggregation Owner, to which these regulations and stipulations of certification shall apply, and who shall be the owner of any NEPOOL GIS Certificates so certified;

b.Name, contact information, and qualifications of the Verifier. Qualifications shall include any information the applicant believes will assist the Commission in determining that the Verifier will accurately and efficiently carry out its duties. After receipt of the application, the Commission may require additional evidence of qualifications;

c.A declaration of any and all business or financial relations between Aggregation Owner and Verifier, which the Commission will use to evaluate the independence of the Verifier. Reasons for ruling that a Verifier is not sufficiently independent include, but are not limited to:

(1)If one entity owns, directly or indirectly, or if a natural person so owns, 10% or more of the voting stock or other equity interest in the other entity;

(2)If 10% or more of the voting stock or other equity interests in both entities are owned, directly or indirectly, by the same entity or a natural person; or

(3)If one entity is a natural person, and such entity or a member of such entity’s immediate family is an officer, director, partner, employee or representative of the other entity.

d.Further, the Aggregator Agreement shall include a statement indicating under what circumstances the Verifier would not be considered sufficiently independent of the individual Generation Unit, and that Generation Units not meeting this independence test would not be allowed to participate in the aggregation;

e.Type of technology that will be included in the aggregation, and statement that the aggregation will include only individual Generation Units that meet all the requirements of these regulations, for example physical location, vintage, etc.;

f.Proposed operating procedures for the aggregation, by which the Aggregation Owner shall ensure that individual Generation Units in the aggregation comply with all eligibility requirements and that the NEPOOL GIS Certificates created accurately represent generation. At a minimum, these procedures will:

(1)require a determination by the Aggregation Owner that the Generation Unit is in compliance with these Renewable Energy Standard regulations and that the Aggregation Agreement is approved by the Commission and an independent determination by the Verifier that the Generation Unit exists;

(2)require a meter reading procedure that allows the Verifier to read meters on the Generation Units; meter readings may be manual or remote and via the aggregators own system or via an independent system, but in all cases shall comply with NEPOOL GIS Operating Rules regarding metering;

(3)require confirmation that Verifier will be entering NEPOOL GIS Certificates in to the NEPOOL GIS system, as described in §§ 2.6(H)(4)(h) and (I) of this Part, include a procedure for the Verifier to report to the Commission on the results of their verification process.

g.Description of how the Verifier will be compensated for its services by the aggregator. In no instances will an aggregation be certified in which the Verifier is compensated in a manner linked to the number of NEPOOL GIS Certificates created by the aggregation.

h.No less frequently than quarterly, the Verifier shall directly enter into the NEPOOL GIS the quantity of energy production in the applicable time period from each Generation Unit in the aggregation. Such generation data shall not include any generation data from previous time periods, except as provided for in this Section. The entry of generation data by the Verifier will be through an interface designated for this purpose by the NEPOOL GIS and in accordance with NEPOOL GIS Operating Rules applicable to Third-Party Meter Readers, and to which the Aggregation Owner shall not have access. Output of less than one MWh by any single Generation Unit within the aggregation may be applied to the entire aggregation’s generation, and generation of the aggregation less than one full MWh may be applied to the subsequent quarter in accordance with NEPOOL GIS Operation rules.

i.In the event the Aggregation Agreement is not followed, the Commission may impose penalties, up to and including decertifying the aggregation as an eligible Generation Unit.

History

Amendment — effective from 2024-05-28 to current
Periodic Refile — effective from 2022-01-04 to 05/28/2024
Technical Revision — effective from 2007-07-25 to 01/04/2022
Technical Revision — effective from 2007-07-25 to 07/25/2007
Amendment — effective from 2007-07-25 to 07/25/2007
Adoption — effective from 2006-01-01 to 07/25/2007

810-RICR-40-05-2 § 2.7 Eligible Biomass Fuel Generation Units

A.At the time of application for certification, Generation Units proposing to use an Eligible Biomass Fuel are required to submit a fuel source plan, which shall specify:

1.The type of Eligible Biomass Fuel to be used at the Generation Unit;

2.If the proposed fuel is clean wood, any further substantiation the applicant may wish to supply as to why the fuel source should be considered a clean wood;

3.In the case of co-firing with a fossil fuel, a description of how such co-firing will occur and how the relative amounts of Eligible Biomass Fuel and fossil fuel will be measured, and how the eligible portion of generation output will be calculated. Such calculations shall be based on the energy content of the proposed fuels used;

4.A description of what measures the applicant will take to ensure that only the Eligible Biomass Fuel are used, examples of which may include: standard operating protocols or procedures that will be implemented at the Generation Unit, contracts with fuel suppliers, testing or sampling regimes;

5.That the fuels stored at or brought to the Generation Unit will only be either Eligible Biomass Fuels or fossil fuels used for co-firing. Biomass Fuels not deemed eligible will not be allowed at the premises of certified Generation Units; and

6.If the proposed fuel includes recycled wood waste, documentation that such fuel meets the definition of Eligible Biomass Fuel and also meets material separation, storage, or handling standards acceptable to the Commission and furthermore consistent with these regulations.

B.In determining if an Eligible Biomass Generation Unit shall be certified, the Commission will consider if the fuel source plan can reasonably be expected to ensure that only Eligible Biomass Fuels will be used, and in the case of co-firing ensure that only that proportion of generation attributable to an Eligible Biomass Fuel be eligible. Certification will not be granted to those Generation Units with fuel source plans the Commission deems inadequate for these purposes.

C.Should the Commission have reason to believe that a Generation Unit is using a non-eligible biomass fuel, or claiming eligibility for a portion of generation in excess of that attributable to the Eligible Biomass Fuel, the Commission will schedule within 30 days a hearing to determine if the Generation Unit is in compliant with its certification, and provide written notice to the applicant of the hearing date and reasons for the hearing. Should the applicant fail to appear at the hearing, the Generation Unit will be immediately de-certified.

D.Should the Commission determine that a Generation Unit is in fact non-compliant, it will take the following actions depending on the Commission’s determination of why such non-compliance occurred:

1.If the applicant, or Generation Unit owners or operators, willfully attempted to circumvent, disregard, or disobey either these regulations, the application for certification, or the fuel source plan, the Generation Unit shall be immediately de-certified and the case referred to the Attorney General’s office and subject to the sanctions provided in § 2.10 of this Part.

2.If the Commission determines that the fuel source plan was in fact being followed, but the plan was inadequate to ensure compliance, the applicant may submit a revised fuel source plan within 30 days of receiving such a ruling from the Commission. Should the Commission approve the revised plan, certification of the Generation Unit will continue uninterrupted without prejudice or penalty. Should the applicant fail to have a revised fuel source plan approved by the Commission within 60 days of the Commission’s determination that a revised plan is required, the Generation Unit shall be de-certified.

3.If the Commission determines that the fuel source plan was not being followed, but not for reasons of willful misconduct on the part of the applicant or the Generation Unit owner or operator, the applicant shall provide a written explanation of why or how the failure to comply occurred, and describing what measures will be taken to prevent such compliance failure from happening again. If the same Generation Unit is later again found to be out of compliance, and the Commission finds the measures proposed for preventing such non-compliance in a previous instance were in fact not followed, the Generation Unit will be immediately de-certified. If the measures were found to have been followed but proved inadequate to ensure compliance, or the reason for non-compliance did not relate to the measures previously implemented, the applicant may again provide written explanation and description of corrective measures to prevent future non-compliance. However, if a Generation Unit is found to not be following its fuel source plan in three instances in any ten-year period, it shall be immediately de-certified and subject to the sanctions provided in § 2.10 of this Part.

History

Amendment — effective from 2024-05-28 to current
Periodic Refile — effective from 2022-01-04 to 05/28/2024
Technical Revision — effective from 2007-07-25 to 01/04/2022
Technical Revision — effective from 2007-07-25 to 07/25/2007
Amendment — effective from 2007-07-25 to 07/25/2007
Adoption — effective from 2006-01-01 to 07/25/2007

810-RICR-40-05-2 § 2.8 Demonstration of Compliance

A.NEPOOL GIS Certificates applied towards Rhode Island Renewable Energy Standard compliance may not be used towards compliance with state renewable energy obligations relating to an Obligated Entity’s load in other states.

B.Compliance with the Renewable Energy Standard may be demonstrated through procurement of NEPOOL GIS Certificates relating to Generating Units certified by the Commission as using eligible renewable energy sources, as evidenced by reports issued by the NEPOOL GIS Administrator. Procurement of NEPOOL GIS Certificates from Off-grid and Customer-sited Generation Facilities, if verified by the Commission as Eligible Renewable Energy Resources, may also be used to demonstrate compliance.

C.In lieu of providing NEPOOL GIS Certificates, an Obligated Entity may also discharge all or any portion of its compliance obligations by making an Alternative Compliance Payment to the Renewable Energy Development Fund (“REDF”). An Obligated Entity shall include with its annual compliance filing copies of any receipt(s) for Alternative Compliance Payments made to the REDF during the Compliance Year. Where an Obligated Entity enters into a prospective agreement with the Rhode Island Commerce Corporation to accept Alternative Compliance Payments pursuant to R.I. Gen. Laws § 39-26-7(b) and the Rhode Island Commerce Corporation thereby purchases NEPOOL GIS Certificates, such NEPOOL GIS Certificates shall be credited against the Renewable Energy Standard for the Obligated Entity in the year of the certificate.

D.The following flexibility mechanisms are allowed for the purposes of easing compliance burdens, facilitating bringing New Renewable Energy Resources online, and avoiding and/or mitigating conflicts with state level source disclosure requirements and green marketing claims throughout the region:

1.Obligated Entities may demonstrate compliance over a full Compliance Year, rather than any fraction thereof;

2.Obligated Entities may bank excess compliance for up to two (2) subsequent Compliance Years, capped at thirty percent (30%) of the current year’s obligation;

E.Compliance Procedures. Annual compliance filings to the Commission shall be made by all Obligated Entities within thirty (30) calendar days after NEPOOL GIS reports are available for the fourth (4th) quarter of each Compliance Year. Obligated Entities shall utilize such forms as provided by the Commission for the annual compliance filing. Obligated Entities shall provide, in the annual compliance filing, such NEPOOL GIS or other reports to demonstrate compliance to the satisfaction of the Commission. Obligated Entities may arrange with the ISO or electric distribution company to provide to the Commission final, reconciled values of the Load Obligations for each Load Asset in the New England Markets that represents the electricity sold by an Obligated Entity at retail to Rhode Island End-use Customers. Otherwise, such data will be provided to the Commission by the electric distribution company and communicated to Obligated Entities during the fourth (4th) quarter trading period of each Compliance Year. All electric utility distribution companies shall cooperate with the Commission in providing data necessary to assess the magnitude of obligation and verify the compliance of all Obligated Entities.

F.Standard Compliance. Each Obligated Entity shall be deemed to be in compliance with these regulations if the information provided in the Compliance Filing submitted pursuant to these regulations is true and accurate and demonstrates compliance with Rhode Island Renewable Energy Standard targets applicable to the applicable Compliance Year.

G.Repealed.

H.Banked Compliance: For meeting the required percentage from New Renewable Energy Resources in any Compliance Year, an Obligated Entity may use NEPOOL GIS Certificates associated with production during one Compliance Year for compliance in either or both of the two subsequent Compliance Years, subject to the limitations set forth herein and provided that the Obligated Entity is in compliance with the Renewable Energy Standard for all previous Compliance Years. In addition, the Obligated Entity shall demonstrate to the satisfaction of the Commission that:

1.Banked NEPOOL GIS Certificates were in excess of the New Renewable NEPOOL GIS Certificates needed for compliance in the Compliance Year in which they were generated, that such excess NEPOOL GIS Certificates have not previously been used for compliance with the Renewable Energy Standard, and were not otherwise sold pursuant to § 2.4(F) of this Part;

2.Banked NEPOOL GIS Certificates do not exceed thirty percent of the Attributes needed by the Obligated Entity for compliance in the year they were generated;

3.Banked NEPOOL GIS Certificates were produced by the generation of electrical energy sold to Rhode Island End-use Customers during the Compliance Year in which they were generated; and have not otherwise been, nor will be, sold, retired, claimed or represented as part of electrical energy output or sale, or used to satisfy obligations in jurisdictions other than Rhode Island. Obligated Entities shall make such demonstration by retiring banked NEPOOL GIS Certificates in the Compliance Year they were generated.

I.Alternative Compliance. An Obligated Entity shall receive Alternative Compliance Credits from the Commission, subject to the following:

1.The Alternative Compliance Payment rate shall be determined according to § 2.3(A)(2) of this Part. For each Compliance Year, the Commission will publish the Alternative Compliance Payment rate by January 31 of the Compliance Year;

2.The quantity of credits, specified in MWhs, that can be applied to its obligations under this regulation shall be determined by calculating the ratio of the total of payments to the REDF for the Compliance Year to the Alternative Compliance Payment rate for that Compliance Year; and

3.The Obligated Entity shall include with its Annual Compliance Filing copies of any Alternative Compliance Payment receipt(s) or document proof of payments made to the REDF applicable to the Compliance Year.

J.Annual Compliance Filing. For each Obligated Entity, the filing shall document compliance with the provisions of these regulations to the satisfaction of the Commission and shall include, but not be limited to, the following:

1.Total Retail Electrical Energy Sales. Documentation of the total MWhs of electrical energy sold to End-use Customers in the Compliance Year;

2.Retail Electricity Sales by Electrical Energy Product. Documentation of the total MWhs sold to End-use Customers in the Compliance Year, verified by an independent third party satisfactory to the Commission. The Commission will consider requests made pursuant to Commission Rules of Practice and Procedure § 1.3(H)(3) to keep product information confidential to the extent permitted by law;

a.For each Electric Energy Product offered during the Compliance Year, an indication of the generation attributes marketed to End-Use Customers, specifically including voluntary renewable energy claims, including, but not limited to, those described in § 2.4(E) of this Part.

3.NEPOOL GIS Certificates Allocated from the Compliance Year. Documentation of the total MWhs of each Electrical Energy Product sold to End-use Customers that was generated by New Renewable Energy Resources, and the total MWhs of each Electrical Energy Product sold to End-use Customers that was generated by Existing Renewable Energy Resources in the Compliance Year as follows:

a.For electrical energy transactions included in the ISO Market Settlement System, the Compliance Filings shall include documentation from the NEPOOL GIS Administrator of the Obligated Entity’s ownership of NEPOOL GIS Certificates representing generation by New or Existing Renewable Energy Resources during the Compliance Year;

b.For electrical energy transactions not included in the ISO Market Settlement System, but for which the Obligated Entity has secured NEPOOL GIS Certificates, the Compliance Filings shall include documentation from the NEPOOL GIS Administrator of the Obligated Entity’s ownership of Generation Attributes representing generation by New or Existing Renewable Energy Resources during the Compliance Year;

c.The identification of each Generation Unit from which New or Existing Renewable Generation Attributes were claimed by the Obligated Entity for its compliance in the Compliance Year;

d.The quantity of New or Existing Renewable NEPOOL GIS Certificates produced by each such Unit for each applicable month of the Compliance Year; and

e.Assurances satisfactory to the Commission that the New or Existing Renewable NEPOOL GIS Certificates have not otherwise been, nor will be, sold, retired, claimed or represented as part of electrical energy output or sales, or used to satisfy obligations in jurisdictions other than Rhode Island.

f.The quantity of NEPOOL GIS Certificates, whether from Eligible Renewable Energy Resources or not, retired to support generation attributes marketed to End-Use Customers for Electrical Energy Products sold during the Compliance Year.

(1)If such NEPOOL GIS Certificates are retired in an Obligated Entity’s Reserved Certificate Account, they will be marked “RI VOLUNTARY” by the Obligated Entity followed by the Load Asset identification number associated with the Electrical Energy Product served. If the Load Asset identification number is associated with multiple Electrical Energy Products, the Certificates will also be marked with information suitable for identifying the specific Electrical Energy Product to which they apply.

4.Repealed.

5.Attributes Allocated from Banked Compliance. Allocation by Electrical Energy Product of any NEPOOL GIS Certificates banked from one or both of the two previous years pursuant to these regulations that are used to demonstrate compliance in the current Compliance Year;

6.Alternative Compliance Credits. Allocation by Electrical Energy Product of any Alternative Compliance Credits claimed pursuant to these regulations along with a copy of any Alternative Compliance Payment receipt(s) from the Renewable Energy Development Fund;

7.Attributes Banked for Future Compliance. Identification of any NEPOOL GIS Certificates that the Obligated Entity anticipates claiming for purposes of Banked Compliance in subsequent years.

K.Repealed.

History

Amendment — effective from 2024-05-28 to current
Periodic Refile — effective from 2022-01-04 to 05/28/2024
Technical Revision — effective from 2007-07-25 to 01/04/2022
Technical Revision — effective from 2007-07-25 to 07/25/2007
Amendment — effective from 2007-07-25 to 07/25/2007
Adoption — effective from 2006-01-01 to 07/25/2007

810-RICR-40-05-2 § 2.9 Contracting Standards and Procurement Plans

A.Standards for Contracts: Contracts for renewable energy certificate transactions by Obligated Entities to meet the Renewable Energy Standard shall contain provisions and terms to address the features and risks that are unique to the purchase of Eligible Renewable Energy Resources. Such terms may include the following:

1.Definitions particular to renewable energy certificate transactions;

2.Specialized financial instruments and warranties thereof;

3.Purchase and sale of renewable energy certificates;

4.Quantities;

5.Representations and warranties of the parties;

6.Obligations of the parties;

7.Relationship of the parties;

8.Non-performance and Remedies;

9.Default;

10.Term, termination and waiver;

11.Binding milestones, if any;

12.Credit and Collateral, if any; and

13.Additional agreements conforming to the nature of the transaction.

B.Procurement Plans. All obligated electric utility distribution companies (“Obligated Distribution Companies”) must submit annual plans for procurement of NEPOOL GIS Certificates from Eligible Renewable Energy Resources for compliance with these regulations to the Commission (“Renewable Energy Procurement Plan”). Obligated Distribution Companies shall demonstrate to the Commission that, in preparation of the Renewable Energy Procurement Plan, such companies have:

1.Determined their needs, including the demand for renewable energy certificates from Eligible Renewable Energy Resources under the range of anticipated future conditions;

2.Developed a schedule of planned purchases of NEPOOL GIS Certificates from Eligible Renewable Energy Resources to supply the identified needs;

3.Developed key criteria to evaluate the providers and product options;

4.Identified the major risk factors and how mitigated;

5.Developed a process to implement the filed Renewable Energy Procurement Plan; and

6.Provided the means of monitoring the procurement over time to make sure it performs as planned, to hold counter parties accountable, and to identify areas where improvement is needed;

C.The Renewable Energy Procurement Plan shall contain the Obligated Distribution Company’s procedure for procuring its target percentage of Eligible Renewable Energy Resources for each Electrical Energy Product offered to End-use Customers, including long-term contracts which shall be made a part of the Obligated Distribution Company’s portfolio for procuring its target percentage of Eligible Renewable Energy Resources for each Electrical Energy Product offered to End-use Customers. The Renewable Energy Procurement Plan shall provide for, at a minimum, separate Annual Request for Proposals (each, an “Annual RFP”) to meet its requirement for purchases of NEPOOL GIS Certificates from Eligible Renewable Energy Resources from existing and new renewable energy sources and the conditions under which it may contract with Eligible Renewable Energy Resources between Annual RFPs. The Renewable Energy Procurement Plan shall be filed with the Commission annually. All the components of the Renewable Energy Procurement Plan shall be subject to Commission review and approval. Once a Renewable Energy Procurement Plan is approved by the Commission, the Obligated Distribution Company shall be authorized to acquire NEPOOL GIS Certificates from Eligible Renewable Energy Resources consistent with the approved plan and recover its costs incurred from procuring NEPOOL GIS Certificates from Eligible Renewable Energy Resources pursuant to the approved Renewable Energy Procurement Plan. The Commission may periodically review the Renewable Energy Procurement Plan to determine whether it should be prospectively modified due to changed market or other conditions.

D.Subject to review by the Commission, Obligated Distribution Companies are entitled by R.I. Gen. Laws § 39-26-6(4)(b), to recovery of all prudent incremental costs arising from the implementation of these regulations and its approval of a Renewable Energy Procurement Plan, including, without limitation, the purchases of NEPOOL GIS Certificates from Eligible Renewable Energy Resources, the payment of Alternative Compliance Payments, and required payments to support the NEPOOL GIS; except for those costs arising from sanctions for non-compliance.

E.Procurement During Standard Offer Period

1.During the period in which Standard Offer service is provided to customers, the Annual RFP shall request bids for NEPOOL GIS Certificates from Eligible Renewable Energy Resources for the following Periods: (I) the subsequent Standard Offer calendar year (and to satisfy any outstanding Standard Offer renewable obligations in the current calendar year), (II) the remaining Standard Offer period, and (III) the years 2010 and beyond. For the period 2010 and beyond the Annual RFP will request proposals for NEPOOL GIS Certificates that may also include bundled energy. Such bids will be solicited for periods individually as well as for long term offers spanning Periods I, II and III.

2.The Obligated Distribution Company shall share the bids received under the Annual RFP for Periods II and III above, initially with the Office of Energy Resources (“OER”) in its role as administrator of the Rhode Island Renewable Energy Fund and the Commerce Corporation as administrator of the REDF and the Division of Public Utilities and Carriers (the “Division”). The OER (and/or Commerce Corporation) at their discretion and after executing a confidentiality agreement, may collaborate with the electric distribution company throughout the remainder of the procurement process, and implement complementary programs.

3.The Obligated Distribution Company may purchase NEPOOL GIS Certificates from Eligible Renewable Energy Resources for Periods I and II above from the bids provided in the annual RFPs if such bids meet the established criteria of the Renewable Energy Procurement Plan. The Obligated Distribution Company may purchase NEPOOL GIS Certificates from Eligible Renewable Energy Resources for Periods I and II above from the bids provided in the Annual RFPs if such bids do not meet the established criteria of the Renewable Energy Procurement Plan provided such purchase is reviewed and approved by the Commission. The Obligated Distribution Company shall file the results of its Annual Procurement Plan with the Commission, and

4.The Obligated Distribution Company will also request expressions of interest to purchase NEPOOL GIS Certificates from Eligible Renewable Energy Resources from any qualified interested party that executes a non-disclosure agreement with the Obligated Distribution Company (“Participating Purchaser”). A Participating Purchaser may purchase the remaining Eligible Renewable Energy Resources for Periods II or III above from the bids provided in response to the Annual RFPs. The Obligated Distribution Company shall share the bids with any Participating Purchaser, and shall delineate the process by which it will initiate negotiations between the bidders of Eligible Renewable Energy Resources and Participating Purchasers whereby the Eligible Renewable Energy Resources may be procured for Periods II and III, above. Both the Obligated Distribution Company and the Participating Purchaser shall have the right to decline to enter into a purchase commitment for any period or portion thereof.

History

Amendment — effective from 2024-05-28 to current
Periodic Refile — effective from 2022-01-04 to 05/28/2024
Technical Revision — effective from 2007-07-25 to 01/04/2022
Technical Revision — effective from 2007-07-25 to 07/25/2007
Amendment — effective from 2007-07-25 to 07/25/2007
Adoption — effective from 2006-01-01 to 07/25/2007

810-RICR-40-05-2 § 2.10 Sanctions for Non-Compliance

A.Obligated Entities that fail to comply with the Commission’s regulations related to the Rhode Island Renewable Energy Standard will first receive a warning letter with a stated date of compliance. If such Obligated Entity then fails to comply by the date indicated in the warning letter its license will be suspended and it will not be allowed to enroll new customers. If problem is still not corrected by the dates in the suspension notice, its license will be revoked. Outstanding payments (e.g., to the Alternative Compliance Payment) will include interest.

B.No sanction or penalty shall relieve or diminish an Obligated Entity from liability for fulfilling any shortfall in its compliance obligation, provided, however, that no sanction shall be imposed if compliance is achieved through Alternative Compliance Payments.

C.Financial penalties resulting from sanctions from Obligated Entities shall not be recoverable in rates of electric distribution companies as defined in R.I. Gen. Laws § 39-1-2(12).

D.Generation Units that fail to abide by the Commission’s regulations or which are found by the Commission after notice and opportunity for hearing to have reported falsely to the Commission are subject to the following sanctions:

1.Immediate revocation or suspension of the Generation Unit’s certification;

2.The Commission may order the Generation Unit to make payments to the REDF in the amount of the Alternative Compliance Payment multiplied by the number of NEPOOL GIS Certificates involved in the false reporting;

3.The Commission may also order Generation Units that have reported falsely to secure substitute NEPOOL GIS Certificates in the number involved in the false reporting and retire them);

4.NEPOOL GIS Certificates purchased by Obligated Entities later found to be tainted will not be deemed ineligible for compliance purposes unless it can be demonstrated that the Obligated Entity was aware of the problem;

5.Once a Generation Unit has paid the penalties and brought the facility into compliance it can be recertified by the Commission. Recertification will be effected by the same process as outlined in § 2.6 of this Part; and

6.Additionally, Generation Units and Obligated Entities reporting falsely to the Commission are subject to laws against perjury.

History

Amendment — effective from 2024-05-28 to current
Periodic Refile — effective from 2022-01-04 to 05/28/2024
Technical Revision — effective from 2007-07-25 to 01/04/2022
Technical Revision — effective from 2007-07-25 to 07/25/2007
Amendment — effective from 2007-07-25 to 07/25/2007
Adoption — effective from 2006-01-01 to 07/25/2007

810-RICR-40-05-3 Rules Governing Energy Source Disclosure

810-RICR-40-05-3 § 3.1 Authority

The Commission has the statutory authority to promulgate these Rules under R.I. Gen. Laws Chapters 42-35 et seq., 39-1 et seq., 39-2 et seq., and § 39-26-9.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2005-04-01 to 01/04/2022
Adoption — effective from 2005-04-01 to 04/01/2005

810-RICR-40-05-3 § 3.2 Definitions

A.“Commission” means the Public Utilities Commission.

B.“Division” means the Division of Public Utilities and Carriers.

C.“Electrical energy product” means an electrical energy offering, including but not limited to last resort and standard offer service, that can be distinguished by its generation attributes or other characteristics, and that is offered for sale by an obligated entity to end-use customers.

D. “Electric distribution company” means a company engaging in the distribution of electricity or owning, operating, or controlling distribution facilities.

E. “Eligible renewable energy resource” means resources as defined in R.I. Gen. Laws § 39-26-5.

F. “End-use customer” means a person or entity in Rhode Island that purchases electrical energy at retail from an obligated entity or directly from the ISO-NE wholesale market.

G. “Generation attributes” means the non-price characteristics of the electrical energy output of a generation unit including, but not limited to, the unit’s fuel type, emissions, vintage and policy eligibility.

H. “ISO-NE” means the Independent System Operator in New England the Regional Transmission Organization or any successor organization responsible for the day-to-day reliable operation of New England’s bulk power generation and transmission system, oversight of the region’s wholesale electricity markets, and management of a comprehensive regional bulk power system planning process.

I. “NE-GIS” means the generation information system operated by NEPOOL, its designee or successor entity, which includes a generation information database and certificate system, and that accounts for the generation attributes of electrical energy consumed within NEPOOL.

J. “NE-GIS certificate” means an electronic record produced by the NE-GIS that identifies the relevant generation attributes of each megawatt-hour accounted for in the NE-GIS.

K. “NEPOOL” means New England Power Pool or its successor.

L. “Nonregulated power producer” or “NPP” shall be defined in the same manner as it is defined under R.I. Gen. Laws § 39-1-2.

M. “Obligated entity” means a person or entity that sells electrical energy to end-use customers in Rhode Island, including, but not limited to: nonregulated power producers and electric utility distribution companies, as defined in R.I. Gen. Laws § 39-1-2, supplying standard offer service, last resort service, or any successor service to end-use customers; including Narragansett Electric, but not to include Block Island Power Company as described in R.I. Gen. Laws § 39-26-7 or Pascoag Utility District. An Obligated entity shall not include ISO-NE or NEPOOL. NPP members of NEPOOL are Obligated entities.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2005-04-01 to 01/04/2022
Adoption — effective from 2005-04-01 to 04/01/2005

810-RICR-40-05-3 § 3.3 Applicability

These Rules shall be applicable to all Obligated entities.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2005-04-01 to 01/04/2022
Adoption — effective from 2005-04-01 to 04/01/2005

810-RICR-40-05-3 § 3.4 Disclosure Requirements

A. The Energy source disclosure shall be written in “plain English” and shall indicate what sources of energy were used to generate electricity for each Electrical energy product, expressed as a percentage of the total amount of energy used towards each Electrical energy product. Obligated entities shall use the energy fuel source disclosure categories as provided by the NE-GIS. The Energy source disclosure shall show the percentages of energy obtained from each of the Eligible renewable energy resources, as well as the percentage energy obtained from nuclear plants, natural gas, oil (which may include any fossil fuel), hydroelectric plants that are not Eligible renewable energy resources, coal, and any other energy source reported by the NE-GIS. The Energy source disclosure shall also indicate the emissions created as a result of generating said electricity as provided by the NE-GIS in pounds per MWH. Such emissions shall also be presented as a percentage of the New England regional average, as provided by the NE-GIS for the same time period. All percentages shall be calculated to the nearest one-tenth of a percent.

B.Energy source disclosures shall be distributed to consumers on a quarterly basis covering the most recent one-year period, including the most recent quarter for which NE-GIS data has been finalized. For the first year of disclosure under these regulations, Obligated entities may phase in the quarterly information rather than providing the most recent one-year period.

C.The Obligated entities shall be allowed to recover in the retail rate of the Electrical energy product all incremental costs associated with preparation and distribution of the disclosure label.

D. NE-GIS certificates shall be used for the calculation of the Energy source disclosure.

E. In accordance with R.I. Gen. Laws § 39-26-9(e), the Energy source disclosure presented to any particular End-use customer shall take into consideration and account for voluntary purchases of Generation attributes or related products, including purchases made by the End-use customer from providers other than the Obligated entity, even if the End-use customer is billed by the Obligated entity and also served by that Obligated Entity’s Electrical energy product. To that end, each supplier of renewable energy directly to an end-user including those suppliers in the Green-Up Program, its successor, or any similar program approved by the Commission shall provide an Energy source disclosure directly to that customer. The Electric distribution company shall not provide an Energy source disclosure to any customer receiving standard offer service or last resort service who is also enrolled in the Green-Up Program, its successor, or any similar program that has been approved by the Commission.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2005-04-01 to 01/04/2022
Adoption — effective from 2005-04-01 to 04/01/2005

810-RICR-40-05-3 § 3.5 Enforcement and Oversight

A.Quarterly, commencing on July 1, 2005, three months following the Effective date of these Rules Governing Energy Source Disclosure By Obligated Entities, each Obligated entity shall file with the Commission a copy of the Energy source disclosure label along with a summary report of certificates assigned as generated by the NE-GIS that it presents to an end-user covering the most recent twelve-month period.

B.Annually, commencing July 1, 2006, each electric distribution company shall file with the Commission a report setting forth the incremental costs to the electric distribution company, whether or not passed through to end-users, of carrying out the Commission’s Rules Governing Energy Source Disclosure By Obligated Entities, including the NE-GIS costs, and incremental printing and postage costs associated with preparation and distribution of the disclosure label during the prior twelve-month period.

C.In the event an Obligated entity who is an NPP does not comply with the Commission’s Rules Governing Energy Source Disclosure By Obligated Entities, the Commission will advise the Division and the NPP for an investigation under the Division’s Rules Applicable to Nonregulated Power Producers III(B)(3).

D.In the event an Electric distribution company does not comply with the Commission’s Rules Governing Energy Source Disclosure By Obligated Entities, the Commission will undertake an investigation to determine whether or not to deny recovery through rates of all or a portion of that quarter’s expenses directly resulting from noncompliance with R.I. Gen Laws § 39-26-1 et seq.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2005-04-01 to 01/04/2022
Adoption — effective from 2005-04-01 to 04/01/2005

810-RICR-40-05-3 § 3.6 Effective Date for Compliance

The effective date for these Rules shall be April 1, 2005.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2005-04-01 to 01/04/2022
Adoption — effective from 2005-04-01 to 04/01/2005

810-RICR-40-05-3 § 3.7 Severability

If any part of these Rules is found to be invalid or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Rules which can be given effect without the invalid provision or application, and to this end, the provisions of these Rules are severable.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2005-04-01 to 01/04/2022
Adoption — effective from 2005-04-01 to 04/01/2005

Subchapter 10 Restructuring

810-RICR-40-10-2 Reliability Responsibility Regulations for Nonregulated Power Producers

810-RICR-40-10-2 § 2.1 Introduction

By July 1, 1997, nonregulated power producers will be allowed to sell to or aggregate electricity for eligible Rhode Island customers. These regulations, enacted pursuant to R.I. Gen. Laws 1956 (1988 Reenactment) § 39-1-27.1 and the general regulatory authority conferred by Title 39, are intended to ensure that nonregulated power producers meet the operating and reliability standards of the New England Power Pool or any successor entity. In addition, it is necessary for each electric distribution company within the state to develop and propose a set of nondiscriminatory billing, accounting, metering, and settlement procedures that will allow for the implementation of retail competition in a reliable manner.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-40-10-2 § 2.2 Definitions

A. As used in these rules, except as otherwise required by the context:

1."ABMS procedures" means the Accounting, Billing, Metering and Settlement Procedures for an electric distribution company.

2."Clerk" means the Commission Clerk, appointed by the Commission pursuant to R.I. Gen. Laws § 39-1-9.

3."Commission" means the Public Utilities Commission.

4."Division" means the Division of Public Utilities and Carriers described in R.I. Gen. Laws. §§ 39-1-2(4) and 39-1-3.

5."FERC" means the Federal Energy Regulatory Commission.

6."NEPOOL" means the New England Power Pool.

7."NEPOOL Agreement" means the New England Power Pool Agreement, as it may be amended from time to time and approved by the FERC.

8."NEPOOL Participant" has the meaning given within the NEPOOL Agreement, as such definition may be amended from time to time.

9."NPP" means nonregulated power producer and has the same meaning as given in R.I. Gen. Laws § 39-1-27.1.

10."Retail customer" means an end user of electricity within the State of Rhode Island.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-40-10-2 § 2.3 Prerequisites for Rhode Island Operations

A. Any NPP who directly or indirectly sells to or aggregates electricity for Rhode Island retail customers, or otherwise serves a retail electric load in this state, must:

Have an effective registration, maintained in good standing, pursuant to R.I. Gen. Laws § 39-1-27.1(c) and (d); and
Either:

a.become a NEPOOL Participant; or

b.have 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) shall be filled with the Commission and each electric distribution company within the state.

B.Unless and until Block Island is connected to the mainland by an electric cable which is capable of transmitting electricity from the mainland to Block Island, no incumbent utility or NPP on Block Island shall be subject to this section.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-40-10-2 § 2.4 Service Responsibility

Each NPP who is providing the electric power requirements of retail customers shall be responsible for meeting the load requirements of each retail customer it is serving and to provide for the delivery of the associated capacity and energy to a point or points on the integrated transmission system of the electric distribution companies and their affiliates serving Rhode Island pursuant to contract or FERC-approved open access tariffs, as well as providing any and all necessary installed and operating reserves required to serve each retail customer.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-40-10-2 § 2.5 Accounting, Billing, Metering, and Settlement Procedures

A. Each distribution company within this state shall be required to propose and file a set of ABMS Procedures designed to implement retail access for Rhode Island customers. The electric distribution company shall propose such ABMS Procedures in its filing with the Clerk of its retail access distribution tariffs required by R.I. Gen. Laws § 39-1-27.1(a). The Commission shall review and approve the proposed ABMS Procedures. This subsection shall not apply to the Block Island Power Company, unless and until an NPP provides to the Commission notice of intention to provide power for Block Island; in such an event, any distribution company on Block Island shall file its ABMS procedures within sixty days.

B. After the Commission approves a set of ABMS Procedures for an electric distribution company, all NPP's shall be required to comply with such approved procedures when serving retail customers within the service territory of such electric distribution company.

C.The ABMS Procedures for an electric distribution company cannot be changed in any substantive manner except by a filing with the Clerk, with at least thirty days notice to all registered NPPs. Any proposed changes are subject to the approval of the Commission.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-40-10-2 § 2.6 Complaint and Enforcement Proceedings

A. Any person or entity, including the Division, who reasonably believes that an NPP has failed or is failing to comply with these regulations, may file a complaint with the Commission. In such case, the Commission shall provide the NPP with an opportunity to file an answer to the complaint. Within thirty days of receipt of such complaint, the Commission may open a public hearing or dismiss the complaint on the pleadings. Any hearings shall be conducted pursuant to the Commission's Rules of Practice and Procedure.

B. On its own motion and after notice to the NPP, the Commission may request the Division to open an investigation upon an NPP to determine if such NPP has been or is in compliance with these regulations. In such case, a docket shall be opened and the Commission's Rules of Practice and Procedures regarding discovery shall apply. If the Division files a report with the Commission stating the reasons why it believes the NPP failed or is failing to comply with these regulations, the Commission shall provide the NPP with an opportunity to answer the Division's report and hearings may commence pursuant to the Commission's Rules of Practice and Procedure.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-40-10-2 § 2.7 Penalties and Remedies

If, after public hearing, the Commission finds that an NPP has engaged in the sale or aggregation of electricity to or for Rhode Island retail customers, or has otherwise been serving retail electric loads in Rhode Island without complying with these regulations, the Commission may impose reasonable penalties or conditions on such NPP, designed to assure compliance and/or impose any reasonable remedies that the Commission deems in the public interest, including barring the NPP from providing service within the State.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Periodic Refile — effective from 2001-12-28 to 12/28/2001

810-RICR-40-10-2 § 2.8 Special Provisions

A. The applicability, in whole or in part, of these regulations to a quasi-municipal corporation, and the manner in which they may apply to such entity shall be subject to action by the Commission pursuant to R.I. Gen. Laws § 39-1-27(g).

B.The foregoing rules and regulations, after due notice and an opportunity for hearing, are hereby adopted and filed with the Secretary of State this 11th day of December, 1996, to become effective twenty (20) days after filing, in accordance with provisions of R.I. Gen. Laws 1956 (1988 Reenactment) §§ 42-35-2(a)(2), 42-35-3, and R.I. Gen. Laws 1956 (1984 Reenactment) § 39-1-26(c).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2001-12-28 to 01/04/2022
Periodic Refile — effective from 2001-12-28 to 12/28/2001