TO: APPLICANTS FOR ELECTRIC SERVICE PROVIDER REGISTRATION

Pursuant to Public Utilities Code Section 394, all non-utility Electric Service Providers (ESPs) offering electric service to residential and small commercial customers (maximum peak demand less than 20 kilowatts) are required to register with the California Public Utilities Commission (CPUC).  Each ESP should be familiar with all of the laws and decisions pertaining to the offering of electrical services to residential and small commercial customers in California.

Attached you will find the form you must complete to register with the CPUC.  You are responsible to ensure that your registration application is completed accurately before returning it to the CPUC.  Submit 4 copies of the registration form and all required documentation (one original and three photocopies).  You must include with your registration a CERTIFIED CHECK for $100 made payable to the CPUC.  Personal checks will NOT be accepted nor will any other method of payment.  Fax copies of applications will not be accepted.  Allow a minimum of 30 days for registration processing.  Submission of an incomplete form and/or incorrect information will delay the approval of, and may result in the denial of, your registration.

As a condition of registration, an ESP is required to be financially and operationally capable of providing the offered electric service. On May 13, 1999, the CPUC adopted uniform standards for demonstrating viability, pursuant to Public Utilities Code Sections 394(a)(9) and (10).  You must comply with the standards set forth in CPUC Decision No. (D.) 99-05-034 and D. 98-03-072.  Prior to registering with the CPUC, you must execute and attach to your application an agreement with each Utility Distribution Company (UDC) in whose territory you intend to offer electrical services.  An explanation of the UDC-ESP service agreement can be found in the CPUC’s D.97-10-087.  

The application form requires you to name the key technical and operational personnel, their titles, and a description, including the time period, of each key person’s experience in the provision of energy services or similar products.  The CPUC's ESP Registration Unit will use this information to evaluate an ESP's ability to fulfill its responsibilities under the UDC-ESP service agreement.  The summary of an ESP’s key technical and operational personnel, together with the signed UDC-ESP service agreement, provide the CPUC with a level of assurance that the ESP possesses the necessary technical and operational abilities to operate as an ESP.

All ESP applications are subject to a criminal record clearance background check.  Two full sets of fingerprints are required for (1) if a sole proprietorship, the registrant; (2) if a partnership, all general partners; (3) if a corporation, all corporate officers; or (4) if a limited liability company, all members, managers and officers.  Fingerprinting is done at various, but not all, police stations, court houses, and fingerprinting agencies.  Fingerprints must be submitted on Federal Bureau of Investigation's FD-258 cards and will NOT be accepted on any other cards.  Complete all information boxes on the cards and forward the fingerprint cards to the CPUC with the ESP application.  Do NOT send the fingerprint cards to any other Department.  Fingerprint cards are available from the CPUC.

If your registration is approved, you must, prior to signing up any customers, execute a service agreement(s) with a Scheduling Coordinator (SC) which has been certified by the Independent System Operator (ISO) and either file all such agreements with the CPUC, or submit Declaration(s) from your SC(s) stating that you have entered an SC service agreement with the SC.  An ESP that will act as its own SC must provide evidence of certification by the ISO.

Public Utilities Code Section 394.5 requires an ESP to provide a potential customer with a written notice of the service describing price, terms, and conditions of the service.  Prior to signing up any customer, You must provide to the Energy Division, a copy of the Section 394.5 notice(s) that you will provide to potential customers.  In addition, prior to signing up any customer you must post security of $25,000 with the CPUC.

Before submitting your application, make a copy of the completed form for your records.  If you have any questions about registration you may call (415) 703-3779.  Upon completion of registration you will be issued a registration certificate that will contain your registration number.  You may check the status of your registration via Internet by connecting with the CPUC web site:  www.cpuc.ca.gov and selecting the Electric Service Provider link.

To maintain good standing, registered ESPs must fulfill certain requirements.  ESPs should regularly check the Electric Service Provider link on the CPUC web site for reminders and new developments.  An annual fee of $1,000 is due from all registered ESPs on September 1 of each year, Per CPUC Resolution M-4797, dated November 4, 1999.  The Energy Division will send you a Registration update form also to be returned on September 1 of each year.  The Energy Division also issues reminder letters to registered ESPs about filing dates and other requirements.  Additional Registration requirements might be adopted as the CPUC’s Consumer Protection standards evolve with the growth of direct access.  You will be informed of these changes when they occur.  Also keep in mind that as a registered ESP, you are required to notify the CPUC at the address below of changes in address or telephone number within five days, pursuant to D. 99-05-034, Ordering Paragraph 6.u (3).  Material changes to all other registration information are to be reported to the Energy Division within 60 days. 

NO ENTITY SHALL UNDERTAKE THE SELLING OF ELECTRICAL SERVICE TO RESIDENTIAL OR SMALL BUSINESS CUSTOMERS (MAXIMUM PEAK DEMAND LESS THAN 20 KILOWATTS) WITHOUT A VALID REGISTRATION ON FILE WITH THE CPUC.

Mail the completed registration application with certified check for $100 to:
                        California Public Utilities Commission
                        Energy Division—Electric Service Provider Registration
                        505 Van Ness Avenue
                        San Francisco, CA  94102