Code of the District of Columbia

§ 34–1671.05. Licensing requirements for retail natural gas suppliers.

(a) A natural gas supplier shall obtain a license issued by the Commission to do business in the District of Columbia.

(b) An application for a natural gas supplier license shall:

(1) Be made to the Commission in writing by form prescribed by the Commission;

(2) Be verified by oath or affirmation;

(3) Be accompanied by an application fee determined by the Commission; and

(4) Contain the following:

(A) Proof of technical and managerial competence;

(B) An affidavit agreeing to comply with all applicable consumer protection and environmental laws and regulations, the requirements of this chapter, and orders and regulations of the Commission issued under this chapter;

(C) Proof of financial integrity;

(D)(i) Proof that the applicant has registered with the Mayor to transact business in the District of Columbia; and

(ii) The address of the applicant’s registered office and name of the registered agent in the District of Columbia.

(E) An agreement or promise to be subject to applicable taxes;

(F) A statement indicating:

(i) Whether the applicant has been denied a natural gas supplier license in any state in the United States;

(ii) Whether a natural gas supplier license has been suspended or revoked by any state in the United States; and

(iii) Where, if any, other natural gas supplier license applications are pending in the United States; and

(G) Any other information required by the Commission.

(c) The Commission:

(1) May require an applicant to post a bond or other approved security instrument to insure an applicant’s financial integrity;

(2) Shall establish procedures and requirements regarding the revocation or surrender of a license;

(3) Shall enter an order providing for notice to appropriate persons and an opportunity for written comment on the application;

(4) Shall take no action on an application until it is considered complete and filed; provided, that if after 30 days of receipt by the Commission an application fails in any respect to be complete, the Commission shall notify the applicant in writing of the deficiencies and the application shall not be regarded as filed;

(5)(A) Shall, within a reasonable time after the filing of a completed application, issue a final order, granting or denying a license; and

(B) Shall issue a license authorizing the natural gas supplier to provide retail natural gas sales in the District of Columbia if the applicant is found to be fit, willing, and able to perform properly the service proposed and to conform to the applicable provisions of this chapter and the regulations and orders of the Commission, and to the extent the proposed service will be consistent with the public interest;

(6) Shall deny an application upon a showing that the applicant or anyone acting in concert with the applicant has a history of violations of laws, rules, or regulations designed to protect the public;

(7) Shall establish any other requirements for an applicant that the Commission determines to be in the public interest;

(8) May adopt regulations or issue orders to implement this subsection, including the protection of confidential or proprietary information; and

(9) Upon just cause, may determine that any deadline imposed under this subsection regarding the granting of a license shall be tolled until such time as the Commission determines whether the license shall be granted.

(d) A license shall not be transferred without the prior approval of the Commission.

(e) All monies collected by the Commission under this section shall be used exclusively for the daily operations of the Commission.

(f) All natural gas suppliers licensed by the Commission shall continue to possess financial and technical capability to render service and offer service pursuant to contractual terms and conditions. This is a continuing obligation and may be reviewed by the Commission at any time.

(g)(1) A licensee shall remain in good standing and the Commission may periodically request that a licensee certify that it remains in good standing to transact business in the District of Columbia.

(2) A licensee shall promptly notify the Commission of any change of its registered agent or registered office.