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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

52 Pa. Code § 54.32. Application process.

§ 54.32. Application process.

 (a)  An EGS may not engage in marketing, or may not offer to provide, or provide retail electricity or electric generation service until it is granted a license by the Commission.

 (b)  An application for a license shall be made on the form provided by the Commission. A copy of the application may be obtained from the Commission’s Secretary. The application form will also be made available on the Commission’s Internet web site. An application shall be verified by an oath or affirmation as required in §  1.36 (relating to verification). See section 2809(b) of the code (relating to requirements for electric generation suppliers).

 (c)  An original of the completed application and supporting attachments shall be filed. An application for a license shall be accompanied by the application fee as established in §  1.43 (relating to schedule of fees payable to the Commission).

 (d)  Copies of the completed application with supporting documentation shall be served on the following: the Office of Consumer Advocate, the Office of Small Business Advocate, the Department and the Office of the Attorney General and the EDCs through whose transmission and distribution facilities the applicant intends to supply customers.

 (e)  Incomplete applications and those without supporting attachments, when needed, will be rejected without prejudice. The license application, with supporting attachments, shall be completed in its entirety.

 (f)  When an answer on the application requires the disclosure of privileged or confidential information not otherwise available to the public, the applicant may designate at each point in the application where information is disclosed that is confidential and privileged.

   (1)  One copy of this confidential or privileged information conspicuously marked at the top as ‘‘CONFIDENTIAL’’ may be submitted to the Office of the Secretary with the application. An applicant shall provide reasons for protecting this information.

   (2)  The request for confidentiality will be treated as a petition for protective order and will be ruled on by the Commission in conjunction with the license application.

   (3)  Pending disposition, the information will be used solely for the purpose of evaluating the license application, and the confidentiality of this information will be maintained consistent with regulations in this title pertaining to confidentiality.

 (g)  An EGS who has been granted an interim license shall apply for a license under this subchapter by updating its prior license application to include additional and updated information required by §  54.33 (relating to application form). An updated application shall be submitted by December 7, 1998.

 (h)  An EDC acting within its certificated service territory as a default service provider is not required to obtain a license.


   The provisions of this §  54.32 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 523, 1301, 1501 and 1504.


   The provisions of this §  54.32 amended September 14, 2007, effective September 15, 2007, 37 Pa.B. 4996; amended January 10, 2014, effective January 11, 2014, 44 Pa.B. 249. Immediately preceding text appears at serial pages (330045) to (330046).

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