NAC704.79527. Application for license as alternative seller of potentially competitive service.

A person who wishes to provide a potentially competitive service as an alternative seller must apply to the Commission for a license to be an alternative seller. The application must include:

     1. The legal name of the applicant and all other names under which the applicant is doing business in the United States.

     2. The current telephone number, mailing address and physical street address of the applicant.

     3. The type of business entity that the applicant is organized as and the date on which, and the place where, the business entity was formed.

     4. A copy of each business license and certificate issued by this State and any local government within this State authorizing the applicant to conduct business in this State.

     5. A list and description of all affiliates of the applicant which provide natural gas or services related to the provision of natural gas in the United States.

     6. The names and business addresses of:

     (a) The officers, directors or partners of the applicant; or

     (b) The members of the applicant, if the applicant is a limited-liability company.

     7. The telephone number of the department or person responsible for providing customer service for the applicant.

     8. The name, title and telephone number of the regulatory contact person for the applicant.

     9. The name, title and address of the registered agent of the applicant in Nevada for service of process.

     10. The most recent annual report filed with the Securities and Exchange Commission, if any.

     11. A disclosure of all:

     (a) Civil, criminal and regulatory sanctions and penalties imposed within the previous 5 years pursuant to any state or federal law or regulation relating to consumer protection on:

          (1) The applicant or any affiliates thereof;

          (2) Any officer, director or partner of the applicant, or any affiliate thereof; and

          (3) If the applicant is a limited-liability company, any member of the applicant; and

     (b) Felony convictions within the previous 5 years that relate to the business of the applicant or an affiliate thereof, of:

          (1) Any officer, director or partner of the applicant or any affiliate thereof; and

          (2) If the applicant is a limited-liability company, any member of the applicant.

     12. A list of each potentially competitive service the applicant expects to offer, the date on which the applicant intends to begin marketing activities associated with the provision of each such service and the date on which the applicant expects to begin providing each such service.

     13. The names of the local distribution companies in whose service territories the applicant intends to market the potentially competitive services.

     14. A demonstration of the ability of the applicant to provide the potentially competitive services proposed in its application, including, without limitation, prior experience in the provision of the services and the qualifications of the technical personnel at the executive and managerial levels who will be responsible for the provision of the services.

     15. If the applicant intends to provide or market any potentially competitive service through a contractor:

     (a) A description of each type of service to be provided or marketed through the contractor and of the group of customers to whom the service will be provided or marketed; and

     (b) The name and telephone number of the contractor and a contact person for the contractor.

     16. If the applicant is applying to provide any gas supply or retail procurement service, evidence of creditworthiness showing that the applicant is capable of complying with NAC 704.79529.

     17. If the applicant is currently providing, or has provided in the previous 5 years, any services relating to the provision of natural gas in any jurisdiction in the United States other than Nevada:

     (a) A list of all applicable certificates, registrations and licenses, with the associated document numbers, currently held, or held in the previous 5 years, in those jurisdictions authorizing the applicant to provide natural gas and services related to the provision of natural gas in those jurisdictions; and

     (b) A brief description of the services provided in each such jurisdiction.

Ê If the applicant is not currently providing, and has not provided in the previous 5 years, any services related to the provision of natural gas in any jurisdiction in the United States other than Nevada, the applicant shall so state on the application.

     18. A toll-free number for the applicant’s customer service.

     19. If the applicant or any of its affiliates has ever engaged in the provision of services relating to the provision of natural gas in this or any other state, a report of all instances of lapses in standards of reliability within the previous 3 years that were determined to be the fault of the applicant or affiliate, including, without limitation, unplanned outages, failures to meet service obligations and any other deviations from the standards of reliability. The report must include for each instance of such a lapse:

     (a) A description of the lapse in the standards of reliability, including, without limitation, the duration and cause of the lapse;

     (b) The number of customers affected by the lapse;

     (c) Any reports, findings or issuances by regulators relating to the lapse;

     (d) A description of any penalties imposed on the applicant or affiliate because of the lapse; and

     (e) A statement of whether the problem that caused the lapse was solved and, if so, a description of the remedy.

     20. If the applicant plans to use an outside company to solicit individual customers on behalf of the applicant in person, by telephone or electronically:

     (a) The name and telephone number of the company; and

     (b) The name of the contact person for the company.

     (Added to NAC by Pub. Utilities Comm’n by R103-99, eff. 12-2-99)