| (1) For each month of the reporting quarter, each LSP
must report the total number of new customers acquired by the LSP
under this section and the following information regarding these customers:
(A) The number of customers from whom a deposit was
requested pursuant to the provisions of §25.478 of this title,
and the average amount of deposit requested;
(B) The number of customers from whom a deposit was
received, including those who entered into deferred payment plans
for the deposit, and the average amount of the deposit;
(C) The number of customers whose service was physically
disconnected pursuant to the provisions of §25.483 of this title
(relating to Disconnection of Service) for failure to pay a required
deposit; and
(D) Any explanatory data or narrative necessary to
account for customers that were not included in either subparagraph
(B) or (C) of this paragraph.
(2) For each month of the reporting quarter each LSP
must report the total number of customers to whom a disconnection
notice was issued pursuant to the provisions of §25.483 of this
title and the following information regarding those customers:
(A) The number of customers who entered into a deferred
payment plan, as defined by §25.480(j) of this title (relating
to Bill Payment and Adjustments) with the LSP;
(B) The number of customers whose service was physically
disconnected pursuant to §25.483 of this title;
(C) The average amount owed to the LSP by each disconnected
customer at the time of disconnection; and
(D) Any explanatory data or narrative necessary to
account for customers that are not included in either subparagraph
(A) or (B) of this paragraph.
(3) For the entirety of the reporting quarter, each
LSP must report, for each customer that received POLR service, the
TDU and customer class associated with the customer's ESI ID, the
number of days the customer received POLR service, and whether the
customer is currently the LSP's customer.
(t) Notice of transition to POLR service to customers.
When a customer is moved to POLR service, the customer must be provided
notice of the transition by ERCOT, the REP transitioning the customer,
and the POLR provider. The ERCOT notice must be provided within two
days of the time ERCOT and the transitioning REP know that the customer
must be transitioned and customer contact information is available.
If ERCOT cannot provide notice to customers within two days, it must
provide notice as soon as practicable. The POLR provider must provide
the notice required by paragraph (3) of this subsection to commission
staff at least 48 hours before it is provided to customers, and must
provide the notice to transitioning customers as soon as practicable.
The POLR provider must email the notice to the commission staff members
designated for receipt of the notice.
(1) ERCOT notice methods must include a post-card,
containing the official commission seal with language and format approved
by the commission. ERCOT must notify transitioned customers with an
automated phone-call and email to the extent the information to contact
the customer is available pursuant to subsection (p)(6) of this section.
ERCOT must study the effectiveness of the notice methods used and
report the results to the commission.
(2) Notice by the REP from which the customer is transferred
must include:
(A) The reason for the transition;
(B) A contact number for the REP;
(C) A statement that the customer will receive a separate
notice from the POLR provider that must disclose the date the POLR
provider must begin serving the customer;
(D) Either the customer's deposit plus accrued interest,
or a statement that the deposit must be returned within seven days
of the transition;
(E) A statement that the customer can leave the assigned
service by choosing a competitive product or service offered by the
POLR provider, or another competitive REP, as well as the following
statement: "If you would like to see offers from different retail
electric providers, please access www.powertochoose.org, or call toll-free
1-866-PWR-4-TEX (1-866-797-4839) for a list of providers in your area;"
(F) For residential customers, notice from the commission
in the form of a bill insert or a bill message with the header "An
Important Message from the Public Utility Commission Regarding Your
Electric Service" addressing why the customer has been transitioned
to another REP, the continuity of service purpose, the option to choose
a different competitive provider, and information on competitive markets
to be found at www.powertochoose.org, or toll-free at 1-866-PWR-4-TEX
(1-866-797-4839);
(G) If applicable, a description of the activities
that the REP will use to collect any outstanding payments, including
the use of consumer reporting agencies, debt collection agencies,
small claims court, and other remedies allowed by law, if the customer
does not pay or make acceptable payment arrangements with the REP;
and
(H) Notice to the customer that after being transitioned
to POLR service, the customer may accelerate a switch to another REP
by requesting a special or out-of-cycle meter read.
(3) Notice by the POLR provider must include:
(A) The date the POLR provider began or will begin
serving the customer and a contact number for the POLR provider;
(B) A description of the POLR provider's rate for service.
In the case of a notice from an LSP that applies the pricing of subsection
(m)(2) of this section, a statement that the price is generally higher
than available competitive prices;
(C) The deposit requirements of the POLR provider and
any applicable deposit waiver provisions and a statement that, if
the customer chooses a different competitive product or service offered
by the POLR provider, a REP affiliated with the POLR provider, or
another competitive REP, a deposit may be required;
(D) A statement that the additional competitive products
or services may be available through the POLR provider, a REP affiliated
with the POLR provider, or another competitive REP, as well as the
following statement: "If you would like to choose a different retail
electric provider, please access www.powertochoose.org, or call toll-free
1-866-PWR-4-TEX (1-866-797-4839) for a list of providers in your area;"
(E) The applicable Terms of Service and Electricity
Facts Label (EFL); and
(F) For residential customers that are served by an
LSP under a rate prescribed by subsection (m)(2) of this section,
a notice to the customer that after being transitioned to service
from a POLR provider, the customer may accelerate a switch to another
REP by requesting a special or out-of-cycle meter read.
(u) Market notice of transition to POLR service. ERCOT
must notify all affected Market Participants and the Retail Market
Subcommittee (RMS) email listserv of a mass transition event within
the same day of an initial mass-transition call after the call has
taken place. The notification must include the exiting REP's name,
total number of ESI IDs, and estimated load.
(v) Disconnection by a POLR provider. The POLR provider
must comply with the applicable customer protection rules as provided
for under Subchapter R of this chapter, except as otherwise stated
in this section. To ensure continuity of service, service under this
section must begin when the customer's transition to the POLR provider
is complete. A customer deposit is not a prerequisite for the initiation
of service under this section. Once service has been initiated, a
customer deposit may be required to prevent disconnection. Disconnection
for failure to pay a deposit may not occur until after the proper
notice and after that appropriate payment period detailed in §25.478
of this title has elapsed, except where otherwise noted in this section.
(w) Deposit payment assistance.
(1) The commission staff designee will distribute the
deposit payment assistance monies to the appropriate POLRs on behalf
of customers as soon as practicable.
(2) The executive director or staff designee will use
best efforts to provide written notice to the appropriate POLRs of
the following on or before the second calendar day after the transition:
(A) a list of the ESI IDs identified by the LILA that
have been or will be transitioned to the applicable POLR (if available);
and
(B) the amount of deposit payment assistance that will
be provided on behalf of a POLR customer identified by the LILA (if
available).
(3) Amounts credited as deposit payment assistance
pursuant to this section must be refunded to the customer in accordance
with §25.478(j) of this title.
|
| Source Note: The provisions of this §25.43 adopted to be effective September 12, 2002, 27 TexReg 8428; amended to be effective July 31, 2006, 31 TexReg 5910; amended to be effective June 4, 2009, 34 TexReg 3361; amended to be effective March 8, 2010, 35 TexReg 1980; amended to be effective August 19, 2012, 37 TexReg 6006; amended to be effective February 12, 2014, 39 TexReg 627; amended to be effective May 13, 2018, 43 TexReg 3001; amended to be effective January 6, 2022, 46 TexReg 9242; amended to be effective November 23, 2022, 47 TexReg 7669 |
