Title 48, Title 48: PUBLIC UTILITIES

48:3-48. Notification of customers On or before January 31 of each year, each public utility requiring the right of reasonable access to a customer's premises shall notify said customer by mail or other public means that no employee of said public utility shall have the right of …

48:3-49. Short title 1. Sections 1 through 46, and sections 51, 57, 59, 60, 63, 65 and 66 of this act shall be known and may be cited as the "Electric Discount and Energy Competition Act." L.1999,c.23,s.1.

48:3-5. Capitalizing franchises or contracts for consolidation No public utility shall: a. Capitalize any franchise to be a corporation; b. Capitalize any franchise in excess of the amount, exclusive of any tax or annual charge, actually paid to the state or any political subdivi…

48:3-50. Findings, declarations relative to competition in the electric power and gas industries 2. a. The Legislature finds and declares that it is the policy of this State to: (1) Lower the current high cost of energy, and improve the quality and choices of service, for all of …

48:3-51 Definitions relative to competition in certain industries. 3. As used in P.L.1999, c.23 (C.48:3-49 et al.): "Assignee" means a person to which an electric public utility or another assignee assigns, sells, or transfers, other than as security, all or a portion of its righ…

48:3-52. Electric public utilities, unbundled rate schedules 4. a. Simultaneously with the starting date for the implementation of retail choice as determined by the board pursuant to subsection a. of section 5 of this act, each electric public utility shall unbundle its rate sch…

48:3-53. Provision of retail choice of electric power suppliers 5. a. By order the board shall provide that by no earlier than June 1, 1999, but in no event later than August 1, 1999, each electric public utility shall provide retail choice of electric power suppliers for its cus…

48:3-54. Offering of customer account services on regulated basis 6. a. An electric public utility may continue to offer customer account services on a regulated basis subsequent to the effective date of this act. Not later than three months after the starting date for the implem…

48:3-55. Competitive service to retail customers requires board approval 7. a. An electric public utility or a related competitive business segment of an electric public utility shall not offer any competitive service to retail customers within this State without the prior expres…

48:3-56 Board shall not regulate, fix, prescribe certain aspects of competitive services. 8. a. Except as otherwise provided in P.L.1999, c.23 (C.48:3-49 et al.), and notwithstanding any provisions of R.S.48:2-18, R.S.48:2-21, section 31 of P.L.1962, c.198 (C.48:2-21.2), R.S.48:3…

48:3-57 Electric public utility to provide basic generation service; Retail Margin Fund, use; report. 9. a. (1) Simultaneously with the starting date for the implementation of retail choice as determined by the board pursuant to subsection a. of section 5 of P.L.1999, c.23 (C.48:…

48:3-58. Gas public utilities, unbundled rate schedules 10. a. After the implementation of retail electric choice pursuant to subsection a. of section 5 of this act, the board shall order each gas public utility to unbundle its rate schedules such that discrete services provided,…

48:3-59. Requirements for electric public utility after retail choice 11. a. On or after the starting date for the implementation of retail choice as determined by the board pursuant to subsection a. of section 5 of this act and for the duration of the transition charges establis…

48:3-6. Gratuities to public officials No public utility shall give, grant or bestow upon any local, municipal or county official any discrimination, gratuity or free service. Nothing herein shall prevent the entry into any public conveyance or in or upon the property of any publ…

48:3-60 Societal benefits charge by public utility; "Universal Service Fund." 12. a. Simultaneously with the starting date for the implementation of retail choice as determined by the board pursuant to subsection a. of section 5 of P.L.1999, c.23 (C.48:3-53), the board shall perm…

48:3-60.1 Imposition of certain charges by gas public utilities prohibited. 5. Notwithstanding the provisions of any other law, rule, regulation, or order to the contrary, gas public utilities shall not impose a societal benefits charge pursuant to section 12 of P.L.1999, c.23 (C…

48:3-60.2 BPU to provide equal opportunity for certain types of funding incentives for businesses. 1. Notwithstanding any law, rule, regulation or order to the contrary, the Board of Public Utilities shall provide equal opportunity for businesses in all areas of the State that pa…

48:3-60.3 Credit against societal benefits charge permitted. 1. a. On and after January 1 next following the date of enactment of P.L.2011, c.216 (C.48:3-60.3), a commercial or industrial ratepayer shall be allowed a credit against the societal benefits charge imposed pursuant to…

48:3-60.4 Certain energy incentives available Statewide. 1. Notwithstanding any other provision of law, rule, regulation, or order to the contrary, any incentives made available by the Board of Public Utilities under the Residential New Construction Program, or any similar succes…

48:3-61. Market transition charge for stranded costs 13. a. The provisions of R.S.48:2-21 or any other law to the contrary notwithstanding, and simultaneously with the starting date for the implementation of retail choice as determined by the board pursuant to subsection a. of se…

48:3-62 Authorization for issuance of transition bonds. 14. a. For purposes of recovering a portion of the stranded costs of an electric public utility that are deemed eligible for rate recovery in a stranded cost recovery order consistent with the provisions of section 13 of thi…

48:3-63. Proceeds of transition bonds not considered income to utility; tax consequences of sale of assets 51. a. All proceeds received from the issuance of transition bonds shall not be considered income to the electric public utility or gas public utility for the purposes of th…

48:3-64. Bondable stranded costs rate orders 15. a. A bondable stranded costs rate order issued by the board pursuant to section 14 of this act shall: (1) Authorize the electric public utility or other financing entity approved by the board to issue transition bonds to finance th…

48:3-65. Orders become irrevocable upon issuance 16. a. Notwithstanding any other provision of law, each bondable stranded costs rate order and the transition bond charges authorized therein shall become irrevocable upon the issuance of such order and its becoming effective pursu…

48:3-66. State pledge to holders of transition bonds; orders not pledge of State's credit 17. a. The State of New Jersey does hereby pledge and agree with the holders of any transition bonds issued under the authority of this act, with the pledgee, owner or assignee of bondable t…

48:3-67. Customers assessed for transition bond charges 18. The transition bond charges established by the board in bondable stranded costs rate orders shall be assessed against all customers of the electric public utility, except as provided in section 28 of this act. Transition…

48:3-68. Effectiveness of bondable stranded costs rate order 19. Each bondable stranded costs rate order shall be effective only in accordance with the terms thereof and upon the written consent of the petitioning electric public utility to all such terms. L.1999,c.23,s.19.

48:3-69. Recourse against issuer only 20. Transition bonds shall be recourse only to the credit and assets of the issuer of the transition bonds. L.1999,c.23,s.20.

48:3-7 Utility property transactions. 48:3-7. a. Except as otherwise provided by subsections g. and h. of this section, a public utility shall not, without the approval of the board, sell, lease, mortgage, or otherwise dispose of or encumber its property, franchises, privileges, …

48:3-7.1. Certain contracts between public utilities and corporations or persons owning or controlling utility stock; approval of board; disapproval No management, advisory service, construction or engineering contract that in itself or in connection with another contract relatin…

48:3-7.10. Superior Court, chancery division, to enforce compliance Jurisdiction and power is hereby conferred upon the Superior Court, chancery division of this State, at the suit of the board, to enforce compliance with sections 48:3-7.8 and 48:3-7.9 of this Title through seque…

48:3-7.11. Service of process to produce records In case for any cause service of process to produce such records, books, accounts, documents or other writings cannot be effected upon a designated agent, service of such process may be made within this state upon any officer, agen…

48:3-7.12. Railroads and railway express exempt The provisions of sections 48:3-7.8 to 48:3-7.11 of this Title shall not apply to any public utility subject to the jurisdiction of the interstate commerce commission operating, managing or controlling a railroad or railway express …

48:3-7.13. Transportation of motor vehicles, trailers, etc.; unlawful agreements and charges; violation as misdemeanor Any part of any agreement, arrangement, or other device shall be unlawful, which as a condition to the transportation of a loaded or empty motor vehicle, trailer…

48:3-7.2. Loans to corporations or persons owning or controlling public utility stock; approval of board required Except with the approval in writing of the board first had and obtained, no public utility shall loan any of its money or property to any other person, firm, group, a…

48:3-7.3. Investment of depreciation fund in certain securities; approval of board No public utility shall, without the approval in writing of the board first had and obtained, invest any part of its depreciation fund in obligations or securities of any kind, except obligations a…

48:3-7.4. Depreciation fund investments kept in state Every public utility shall at all times keep within this state all obligations and securities in which its depreciation fund is invested and reinvested.

48:3-7.5. Disposition of certain depreciation fund investments; board may order The board may after hearing upon notice order any public utility to dispose of any obligations or securities in which its depreciation fund is now, or may hereafter be, invested, except obligations an…

48:3-7.6. Balance of depreciation fund to be deposited within state Every public utility shall deposit, and at all times keep deposited in its own name and to its own credit and in a banking or trust company located in this state, the balance of the depreciation fund of such publ…

48:3-7.7. Certain railroads exempt The provisions of sections 48:3-7.3 to 48:3-7.6 of this title shall not apply to any public utility subject to the jurisdiction of the interstate commerce commission owning, operating, managing or controlling a steam railroad within this state.

48:3-7.8. Regulations applicable to public utilities. 48:3-7.8. a. Every public utility shall at all times keep within this State all records, books, accounts, documents and other writings relating to contracts entered into, transactions had, services rendered, business done and …

48:3-7.9 Designation of agent. 48:3-7.9. Every public utility and every natural gas vendor and electric vendor subject to subsection c. of R.S.48:3-7.8, shall file with the board a designation in writing of an agent, resident of this State who shall have custody of such records, …

48:3-70. Electric public utility to maintain records of transition bond charges 21. An electric public utility shall maintain or cause to be maintained records of transition bond charges which have been assessed and collected by the electric public utility for each bondable stran…

48:3-71. Issuance of transition bonds; security 22. a. Electric public utilities or other financing entities may, but are not required to, issue transition bonds authorized by the board in any bondable stranded costs rate order. b. An electric public utility or its assignee may s…

48:3-72. Transfer of bondable transition property 23. a. If an agreement by an electric public utility or its assignee to transfer bondable transition property expressly states that the transfer is a sale or other absolute transfer, then, notwithstanding any other provisions of l…

48:3-73. Successor to electric public utility 24. Any successor to an electric public utility, whether pursuant to any bankruptcy, reorganization or other insolvency proceedings or pursuant to any merger, consolidation or sale or transfer of assets of the electric public utility,…