Certification of competitive natural gas providers and aggregators.

19.13(1) Definitions. The following words and terms, when used in this rule, shall have the meanings indicated below:#

"Large-volume user" means any end user whose usage exceeds 25,000 therms in any month or 100,000 therms in any consecutive 12-month period.#

"Small-volume user" means any end user whose usage does not exceed 25,000 therms in any month and does not exceed 100,000 therms in any consecutive 12-month period.#

"Vehicle fuel provider" or "VFP" means a competitive natural gas provider or aggregator as defined in Iowa Code section 476.86 that owns or operates facilities to sell natural gas as vehicle fuel to a retail end user.#

19.13(2) General requirement to obtain certificate. A competitive natural gas provider (CNGP) shall not provide competitive natural gas services to an Iowa retail end user without a certificate approved by the commission pursuant to Iowa Code section 476.87.#

19.13(3) Filing requirements and application process.#

a.Applications to provide service as a CNGP pursuant to Iowa Code sections 476.86 and 476.87 shall contain information to reasonably demonstrate that the applicant possesses the managerial, technical, and financial capability sufficient to obtain and deliver the services the CNGP or aggregator proposes to offer. Applications shall be filed pursuant to 199-Chapter 14. Application forms to provide competitive natural gas service to large-volume, small-volume, and VFPs can be accessed on the commission's website, iuc.iowa.gov. All applications shall include, at a minimum, the following information:#

(1)The legal name and all trade names under which the applicant will operate, a description of the business structure of the applicant, evidence of authority to do business in Iowa, and the applicant's state of incorporation.#

(2)Names, addresses, and telephone numbers of corporate officers responsible for the applicant's operations in Iowa and a telephone number where the applicant can be contacted 24 hours a day.#

(3)Identification of the states and jurisdictions in which the applicant or an affiliate is providing natural gas service.#

(4)A commitment to comply with all the applicable conditions of certification contained in subrules 19.13(5) and 19.13(6) and acknowledgment that failure to comply with all the applicable conditions of certification may result in the revocation of the CNGP's certificate.#

b.A request for confidential treatment of the information required to obtain a CNGP certificate may be filed with the commission pursuant to the public information and inspection of records subrule in 199-Chapter 1.#

c.An applicant shall notify the commission during the pendency of the certification request and after certification of any material change in the representations and commitments made in the application within 14 days of such change. Any new legal actions or formal complaints are considered material changes in the request.#

19.13(4) Deficiencies and commission determination. Applications will be considered complete when all required items are submitted. Applicants will be notified of deficiencies and given 30 days to complete applications. Applications with deficiencies that are not cured within the 30-day period will be denied.#

19.13(5) Conditions of certification. CNGPs shall comply with the conditions set out in this subrule. Failure to comply with the conditions of certification may result in revocation of the certificate.#

a.Unauthorized charges. A CNGP shall not charge or attempt to collect any charges from end users for any competitive natural gas services or equipment used in providing competitive natural gas services not contracted for or otherwise agreed to by the end user.#

b.Notification of emergencies. Upon receipt of information from an end user of the existence of an emergency situation with respect to delivery service, a CNGP shall immediately contact the appropriate public utility whose facilities may be involved. The CNGP shall also provide the end user with the emergency telephone number of the public utility.#

c.Reports to the commission. Each CNGP shall file a report with the commission on April 1 of each year for the 12-month period ending December 31 of the previous year. The report shall be filed on forms provided by the commission, which can be accessed on the commission's website, iuc.iowa.gov. This information may be filed with a request for confidentiality, pursuant to the public information and inspection of records subrule in 199-Chapter 1. For each utility distribution system, the report shall include, at a minimum, total monthly and annual sales volumes, total monthly revenues, and total number of customers served each month as of December 31 of the applicable year.#

19.13(6) Additional conditions applicable to CNGPs providing service to small-volume end users. All CNGPs when providing service to small-volume natural gas end users shall be subject to the following conditions in addition to those listed under subrule 19.13(5):#

a.Customer deposits. Compliance with the following provisions shall apply to customers whose usage does not exceed 2,500 therms in any month or 10,000 therms in any consecutive 12-month period.#

Customer deposits - subrule 19.4(3).#

Interest on customer deposits - subrule 19.4(4).#

Customer deposit records - subrule 19.4(5).#

Customer's receipt for a deposit - subrule 19.4(6).#

Deposit refund - subrule 19.4(7).#

Unclaimed deposits - subrule 19.4(8).#

b.Bills to end users. A CNGP shall include on bills to end users all the information listed in this paragraph. The bill may be sent to the customer electronically at the customer's option.#

(1)The period of time for which the billing is applicable.#

(2)The amount owed for current service, including an itemization of all charges.#

(3)Any past-due amount owed.#

(4)The last date for timely payment.#

(5)The amount of penalty for any late payment.#

(6)The location for or method of remitting payment.#

(7)A toll-free telephone number for the end user to call for information and to make complaints regarding the CNGP.#

(8)A toll-free telephone number for the end user to contact the CNGP in the event of an emergency.#

(9)A toll-free telephone number for the end user to notify the public utility of an emergency regarding delivery service.#

(10)The tariffed transportation charges and supplier refunds, where a combined bill is provided to the customer.#

c.Disclosure. Each prospective end user must receive in writing, prior to initiation of service, all terms and conditions of service and all rights and responsibilities of the end user associated with the offered service. The information may be provided electronically, at the customer's option.#

d.Notice of service termination. Notice shall be provided to the end user, the commission, and the public utility at least 12 calendar days prior to service termination. If the notice of service termination is rescinded, the CNGP must notify the public utility. CNGPs are prohibited from physically disconnecting the end user or threatening physical disconnection for any reason.#

e.Transfer of accounts. CNGPs will not transfer the account of any end user to another supplier except with the consent of the end user and notice to the commission. This provision does not preclude a CNGP from transferring all or a portion of its accounts pursuant to a sale or transfer of all or a substantial portion of a CNGP's business in Iowa, provided that the transfer satisfies all of the following conditions:#

(1)The transferee will serve the affected end users through a certified CNGP;#

(2)The transferee will honor the transferor's contracts with the affected end users;#

(3)The transferor provides written notice of the transfer to each affected end user prior to the transfer;#

(4)Any affected end user is given 30 days to change supplier without penalty; and#

(5)The transferor provides notice to the public utility of the effective date of the transfer.#

f.Bond. The commission may require the applicant to file a bond or other demonstration of its financial capability to satisfy claims and expenses that can reasonably be anticipated to occur as part of operations under its certificate, including the failure to honor contractual commitments. In determining the adequacy of the bond or demonstration, the commission shall consider the extent of the services to be offered, the size of the provider, and the size of the load to be served.#

g.Replacement cost for supply failure. Each individual rate-regulated public utility shall file for the commission's review tariffs establishing replacement cost for supply failure. Replacement cost revenue will be credited to the rate-regulated public utility's system PGA.#

Source history[ARC 9351C, IAB 6/11/25, effective 7/16/25]#