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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 § 54.33. Application form.

§ 54.33. Application form.

 (a)  The application form includes information that will be used in the evaluation of the financial fitness and technical fitness to render service. This information includes the following:

   (1)  An identification of the geographic area that the applicant proposes to serve.

   (2)  An identification of the type of service that the applicant proposes to furnish.

   (3)  An identification of the class of customers to which the applicant proposes to provide these services.

   (4)  An identification of the applicant’s utility affiliates.

   (5)  A description of the applicant’s business structure.

   (6)  Financial information sufficient to demonstrate financial fitness. This information may include credit ratings and history, audited financial statements, and insurance pertinent to the conduct of the applicant’s business as an electric generation supplier.

   (7)  Evidence of competency and experience in providing the scope and nature of the applicant’s proposed services. This evidence may include descriptions of the applicant’s prior experience, proposed staffing and employe training commitments, business plans, and agreements, arrangements and contracts for generation, transmission and related services. Documentation of the applicant’s membership in the East Central Area Reliability Coordination Agreement (ECAR), the Mid Atlantic Area Council (MAAC) or other National American Electric Reliability Council (NERC) regional reliability councils shall be submitted if applicable to the scope and nature of the applicant’s proposed services.

   (8)  Evidence of information demonstrating the applicant’s ability to comply with Commission’s applicable requirements concerning customer billing, customer education, billing and terms of service, and customer information. This evidence may include prior regulatory experience of the applicant, prior business experience in energy or other service-oriented industries, staffing and staff training commitments, agreements, arrangements and contracts for customer education and information service, customer satisfaction survey results, government agency reports and complaint statistics compiled by the Better Business Bureau or similar business organizations.

   (9)  Certification that notice of the application was published in accordance with §  54.35 (relating to publication of notice of filing) shall be filed with the Commission’s Secretary. The certification shall be notarized and include a photostatic copy of the notices as published. An application will not be considered complete for Commission review without this certification.

 (b)  The application also directs, under sections 2806(g)(3)(i), 2809(c)(1) and 2810(c)(6) of the code (relating to implementation, pilot programs and performance-based rates; requirements for electric generation suppliers; and revenue-neutral reconciliation), that the applicant provide tax information. This tax information includes:

   (1)  The name, address, telephone number, electronic numbers and addresses used to transmit tax and related information of the persons responsible for preparing and filing the applicant’s Pennsylvania tax returns.

   (2)  Trade names or fictitious names used by the applicant.

   (3)  The type of business association (for example, sole proprietor, partnership and corporation).

   (4)  The names of the owners, general partners or corporate officers.

   (5)  The number of the applicant’s current and anticipated employes working in this Commonwealth.

   (6)  An identification of the applicant’s assets in this Commonwealth.

   (7)  The principal office in this Commonwealth or of its registered agent.

   (8)  An applicant’s Department tax identification numbers including Sales Tax license number, employer identification number and corporate box number. If tax numbers have not yet been obtained, an applicant shall provide the filing date of its application for these numbers.

 (c)  Tax information provided under subsection (b) shall be filed with the Secretary of the Department at the time that application is made with the Commission.

Cross References

   This section cited in 52 Pa. Code §  54.32 (relating to application process); and 52 Pa. Code §  54.39 (relating to reporting requirements).

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