                                 CODE OF VIRGINIA

LICENSURE OF RETAIL ELECTRIC ENERGY SUPPLIERS AND PERSONS PROVIDING OTHER
COMPETITIVE SERVICES (§ 56-587)

A. As a condition of doing business in the Commonwealth, each person except a
default service provider seeking to sell, offering to sell, or selling electric
energy to any retail customer in the Commonwealth, on and after January 1, 2002,
shall obtain a license from the Commission to do so. A license shall not be
required solely for the leasing or financing of property used in the sale of
electricity to any retail customer in the Commonwealth.
			The license shall authorize that person to engage in the activities
authorized by such license until the license expires or is otherwise terminated,
suspended or revoked.

B. 1. As a condition of obtaining, retaining and renewing any license issued
pursuant to this section, a person shall satisfy such reasonable and
nondiscriminatory requirements as may be specified by the Commission, which may
include requirements that such person (i) demonstrate, in a manner satisfactory
to the Commission, financial responsibility; (ii) post a bond as deemed adequate
by the Commission to ensure that financial responsibility; (iii) pay an annual
license fee to be determined by the Commission; and (iv) pay all taxes and fees
lawfully imposed by the Commonwealth or by any municipality or other political
subdivision of the Commonwealth. In addition, as a condition of obtaining,
retaining and renewing any license pursuant to this section, a person shall
satisfy such reasonable and nondiscriminatory requirements as may be specified
by the Commission, including but not limited to requirements that such person
demonstrate (i) technical capabilities as the Commission may deem appropriate;
(ii) in the case of a person seeking to sell, offering to sell, or selling
electric energy to any retail customer in the Commonwealth, access to generation
and generation reserves; and (iii) adherence to minimum market conduct
standards.

   2. Any license issued by the Commission pursuant to this section to a person
   seeking to sell, offering to sell, or selling electric energy to any retail
   customer in the Commonwealth may be conditioned upon the licensee furnishing
   to the Commission prior to the provision of electric energy to consumers proof
   of adequate access to generation and generation reserves.

C. The Commission:

   1. Shall establish a reasonable period within which any retail customer may
   cancel, without penalty or cost, any contract entered into with any person
   licensed pursuant to this section; and

   2. May adopt other rules and regulations governing the requirements for
   obtaining, retaining, and renewing a license issued pursuant to this section,
   and may, as appropriate, refuse to issue a license to, or suspend, revoke, or
   refuse to renew the license of, any person that does not meet those
   requirements.

D. Each licensed supplier serving customers of a Phase I Utility, as defined in
subdivision A 1 of § 56-585.1, shall file a report, verified by the president
or the equivalent executive of such supplier, with the Commission by March 31 of
each year that contains:

   1. Copies of all marketing materials and other public information conveyed to
   potential customers regarding the services offered by the supplier;

   2. Usage and revenue data for the most recent year submitted to the U.S.
   Energy Information Administration;

   3. Copies of all agreements entered into during the previous calendar year
   with such customers taking service under subdivision A 3 of &#xA7; 56-577.
   Such agreements may be filed under seal, and if so will be afforded
   confidential treatment and will not be disclosed beyond the Commission or its
   staff; and

   4. A statement that the agreements submitted comply with the
   Commission&#8217;s Rules Governing Retail Access to Competitive Energy
   Services (20VAC5-312-10 et seq.).
   				Failure to provide such report may be grounds for suspension or revocation
   of the supplier&#8217;s license to sell retail electric energy within the
   Commonwealth.

E. Notwithstanding the provisions of &#xA7; 13.1-620, a public service company
may, through an affiliate or subsidiary, conduct one or more of the following
businesses, even if such business is not related to or incidental to its stated
business as a public service company: (i) become licensed as a retail electric
energy supplier pursuant to this section, or for purposes of participation in an
approved pilot program encompassing retail customer choice of electric energy
suppliers; (ii) become licensed as an aggregator pursuant to &#xA7; 56-588, or
for purposes of participation in an approved pilot program encompassing retail
customer choice of electric energy suppliers; or (iii) own, manage or control
any plant or equipment or any part of a plant or equipment used for the
generation of electric energy.

HISTORY: 1999, c. 411; 2000, c. 991; 2007, cc. 888, 933; 2019, c. 833.