(F) In any dispute between a customer and a REP concerning
the terms of a contract, any vagueness, obscurity, or ambiguity in
the contract will be construed in favor of the customer.
(G) For a variable price product, the REP must disclose
on the REP's website and through a toll-free number the current price
and, for residential customers, one year price history, or history
for the life of the product, if it has been offered less than one
year. A REP must not rename a product in order to avoid disclosure
of price history. The EFL of a variable price product must include
a notice of how the current price and, if applicable, historical price
information may be obtained by a customer.
(H) A REP must comply with its contracts.
(3) Specific contract requirements.
(A) The contract term must be conspicuously disclosed.
(B) The start and end dates of the contract must be
available to the customer upon request. If the REP cannot determine
the start date, the REP may estimate the start date. After the start
date is known, the REP must specify the end date of the contract by:
(i) specifying a calendar date; or
(ii) reference to the first meter read on or after
a specific calendar date.
(C) If a REP specifies a calendar date as the end date,
the REP may bill the term contract price through the first meter read
on or after the end date of the contract.
(D) Each contract for service must include the terms
of the default renewal product that the customer will be automatically
enrolled in if the customer does not select another retail electric
product before the expiration of the contract term after the customer
has received all required expiration notices.
(E) If a REP does not provide proper notice of the
expiration of a fixed rate contract and the customer does not select
another REP before expiration of the contract term, the REP must continue
to serve the customer under the pricing terms of the fixed rate product
until the REP provides notice in accordance with applicable requirements
of subsection I(2)(A)(i) or (ii) or the customer selects another retail
electric product.
(F) A REP, aggregator, or broker is prohibited from
offering:
(i) an indexed product to a residential or small commercial
customer on or after February 1, 2022; or
(ii) a wholesale indexed product to a residential or
small commercial customer on or after September 1, 2021.
(4) Website requirements.
(A) Each REP that offers residential retail electric
products for enrollment on its website must prominently display the
EFL for any products offered without a person having to enter any
personal information other than zip code and information that allows
determination of the type of offer the consumer wishes to review.
Person-specific information must not be required.
(B) The EFL for each product must be printable in no
more than a two-page format. The EFL, terms of service, YRAC, and,
if applicable, PDS for any products offered for enrollment on the
website must be available for viewing or downloading.
(d) Changes in contract and price and notice of changes.
A REP may make changes to the terms and conditions of a contract or
to the price of a product as provided for in this section. Changes
in term (length) of a contract require the customer to enter into
a new contract and may not be made by providing the notice described
in paragraph (3) of this subsection.
(1) Contract changes other than price.
(A) A REP may not change the price (other than as allowed
by paragraph (2) of this subsection) or contract term of a term contract
for a retail electric product, during its term; but may change any
other provision of the contract, with notice under paragraph (3) of
this subsection.
(B) A REP may not change the terms and conditions of
a variable price month-to-month product unless it provides notice
under paragraph (3) of this subsection.
(2) Price changes.
(A) A REP may only change the price of a fixed rate
product or a variable product consistent with the definitions in this
section and according to the product's EFL. Such price changes do
not require notice under paragraph (3) of this subsection.
(B) For a fixed rate product, each bill must either
show the price changes on one or more separate line items, or must
include a conspicuous notice stating that the amount billed may include
price changes allowed by law or regulatory actions.
(C) Each residential bill for a variable price product
must include a statement informing the customer how to obtain information
about the price that will apply on the next bill.
(3) Notice of changes to terms and conditions. A REP
must provide written notice to its customers at least 14 days in advance
of the date that the change in the contract will be applied to the
customer's bill or take effect. Notice is not required for a change
that benefits the customer.
(4) Contents of the notice to change terms and conditions.
The notice must:
(A) be provided in or with the customer's bill or in
a separate document;
(B) include the following statement, "Important notice
regarding changes to your contract" clearly and conspicuously in the
notice;
(C) identify the change and the specific contract provisions
that address the change;
(D) clearly specify what actions the customer needs
to take if the customer does not accept the proposed changes to the
contract;
(E) state in bold lettering that if the new terms are
not acceptable to the customer, the customer may terminate the contract
and no termination penalty may apply for 14 days from the date that
the notice is sent to the customer but may apply if action is taken
after the 14 days have expired. No such statement is required if the
customer would not be subject to a termination penalty under any circumstances;
and
(F) state in bold lettering that establishing service
with another REP may take up to seven business days.
(e) Contract expiration and renewal offers.
(1) Notice Timeline for Expiration of a Fixed Rate
Product.
(A) For fixed rate products, the REP must provide the
customer with at least three written notices of the date the fixed
rate product will expire. The notices must be provided during the
last third of the fixed rate contract period and in intervals that
allow for, as practicable, even distribution of the notices throughout
the last third of the fixed rate contract period. For contracts with
a period of 12 months or longer, the first notice may be provided
up to three months prior to the contract end date. For fixed rate
contracts for a period:
(i) Of more than four months, the final notice must
be provided at least 30 days before the date the fixed rate contact
will expire.
(ii) Of four or fewer months, the final notice must
be provided at least 15 days before the date the fixed rate contract
will expire.
(iii) For a small commercial customer, the final notice
must be provided at least 14 days before the fixed rate contract will
expire.
(B) The notices must be provided to the customer by
mail at the customer's billing address, unless the customer has opted
to receive communications electronically from the REP.
(C) If a REP does not provide the required notice of
the expiration of a customer's fixed rate contract and the customer
does not select another retail electric product before expiration
of the fixed rate contract term, the REP must continue serving the
customer under the terms of the fixed rate contract until the REP
provides notice in accordance with applicable requirements of subsection
(e)(1)(A)(i) or (ii), or until the customer selects another retail
electric product.
(2) Contract Expiration.
(A) If a customer takes no action in response to the
final notice of contract expiration for the continued receipt of retail
electric service upon the contract's expiration, the REP must serve
the customer pursuant to a default renewal product that is a month-to-month
product that the customer may cancel at any time without a fee. The
month-to-month product price may vary between billing cycles based
on clear terms designed to be easily understood by the average customer.
(B) Written notice of contract expiration must be provided
in or with the customer's bill, or in a separate document.
(i) If notice is provided with a residential customer's
bill, the notice must be printed on a separate page. A statement must
be included in a manner readily visible on the outside of the envelope
sent to a residential customer's billing address by mail and in the
subject line on the e-mail (if the REP sends the notice by e-mail)
that states, "Contract Expiration Notice. See Enclosed."
Cont'd... |