| (E) review of and recommendations on incentive payment
levels and their adequacy to induce the desired level of participation
by energy efficiency service providers and customers;
(F) review of and recommendations on a utility's annual
energy efficiency plans and reports;
(G) utility program portfolios and proposed energy
efficiency spending levels for future program years;
(H) periodic reviews of the cost-effectiveness methodology;
and
(I) other activities as identified by commission staff.
(2) The EEIP projects shall be conducted by commission
staff. The commission's EM&V contractor's reports shall be filed
in the project at a date determined by commission staff.
(3) A utility that intends to launch a program that
is substantially different from other programs previously implemented
by any utility affected by this section shall file a program template
and shall provide notice of such to EEIP participants. Notice to EEIP
participants need not be provided if a program description or program
template for the new program is provided through the utility's annual
energy efficiency report. Following the first year in which a program
was implemented, the utility shall include the program results in
the utility's annual energy efficiency report.
(4) Participants in the EEIP may submit comments and
reply comments in the EEIP on dates established by commission staff.
(5) Any new programs or program redesigns shall be
submitted to the commission in a petition in a separate proceeding.
The approved changes shall be available for use in the utilities'
next EEPR and EECRF filings. If the changes are not approved by the
commission by November 1 in a particular year, the first time that
the changes shall be available for use is the second EEPR and EECRF
filings made after commission approval.
(6) Any interested entity that participates in the
EEIP may file a petition to the commission for consideration regarding
changes to programs.
(r) Retail providers. Each utility in an area in which
customer choice is offered shall conduct outreach and information
programs and otherwise use its best efforts to encourage and facilitate
the involvement of retail electric providers as energy efficiency
service companies in the delivery of efficiency and demand response
programs.
(s) Customer protection. Each energy efficiency service
provider that provides energy efficiency services to end-use customers
under this section shall provide the disclosures and include the contractual
provisions required by this subsection, except for commercial customers
with a peak load exceeding 50 kW. Paragraph (1) of this subsection
does not apply to behavioral energy efficiency programs that do not
require a contract with a customer.
(1) Clear disclosure to the customer shall be made
of the following:
(A) the customer's right to a cooling-off period of
three business days, in which the contract may be canceled, if applicable
under law;
(B) the name, telephone number, and street address
of the energy efficiency service provider and any subcontractor that
will be performing services at the customer's home or business;
(C) the fact that incentives are made available to
the energy efficiency services provider through a program funded by
utility customers, manufacturers or other entities and the amount
of any incentives provided by the utility;
(D) the amount of any incentives that will be provided
to the customer;
(E) notice of provisions that will be included in the
customer's contract, including warranties;
(F) the fact that the energy efficiency service provider
must measure and report to the utility the energy and peak demand
savings from installed energy efficiency measures;
(G) the liability insurance to cover property damage
carried by the energy efficiency service provider and any subcontractor;
(H) the financial arrangement between the energy efficiency
service provider and customer, including an explanation of the total
customer payments, the total expected interest charged, all possible
penalties for non-payment, and whether the customer's installment
sales agreement may be sold;
(I) the fact that the energy efficiency service provider
is not part of or endorsed by the commission or the utility; and
(J) a description of the complaint procedure established
by the utility under this section, and toll free numbers for the Customer
Protection Division of the Public Utility Commission of Texas, and
the Office of Attorney General's Consumer Protection Hotline.
(2) The energy efficiency service provider's contract
with the customer, where such a contract is employed, shall include:
(A) work activities, completion dates, and the terms
and conditions that protect residential customers in the event of
non-performance by the energy efficiency service provider;
(B) provisions prohibiting the waiver of consumer protection
statutes, performance warranties, false claims of energy savings and
reductions in energy costs;
(C) a disclosure notifying the customer that consumption
data may be disclosed to the EM&V contractor for evaluation purposes;
and
(D) a complaint procedure to address performance issues
by the energy efficiency service provider or a subcontractor.
(3) When an energy efficiency service provider completes
the installation of measures for a customer, it shall provide the
customer an "All Bills Paid" affidavit to protect against claims of
subcontractors.
(t) Grandfathered programs. An electric utility that
offered a load management standard offer program for industrial customers
prior to May 1, 2007 shall continue to make the program available,
at 2007 funding and participation levels, and may include additional
customers in the program to maintain these funding and participation
levels.
(u) Identification notice. An industrial customer taking
electric service at distribution voltage may submit a notice identifying
the distribution accounts for which it qualifies under subsection
(c)(30) of this section. The identification notice shall be submitted
directly to the customer's utility. An identification notice submitted
under this section must be renewed every three years. Each identification
notice must include the name of the industrial customer, a copy of
the customer's Texas Sales and Use Tax Exemption Certification (under
Tax Code §151.317), a description of the industrial process taking
place at the consuming facilities, and the customer's applicable account
number(s) or ESID number(s). The identification notice is limited
solely to the metered point of delivery of the industrial process
taking place at the consuming facilities. The account number(s) or
ESID number(s) identified by the industrial customer under this section
shall not be charged for any costs associated with programs provided
under this section, including any shareholder bonus awarded; nor shall
the identified facilities be eligible to participate in utility-administered
energy efficiency programs during the term. Notices shall be submitted
not later than February 1 to be effective for the following program
year. A utility's demand reduction goal shall be adjusted to remove
any load that is lost as a result of this subsection.
(v) Administrative penalty. The commission may impose
an administrative penalty or other sanction if the utility fails to
meet a goal for energy efficiency under this section. Factors, to
the extent they are outside of the utility's control, that may be
considered in determining whether to impose a sanction for the utility's
failure to meet the goal include:
(1) the level of demand by retail electric providers
and energy efficiency service providers for program incentive funds
made available by the utility through its programs;
(2) changes in building energy codes; and
(3) changes in government-imposed appliance or equipment
efficiency standards.
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| Source Note: The provisions of this §25.181 adopted to be effective May 4, 2008, 33 TexReg 3585; amended to be effective December 1, 2010, 35 TexReg 7747; amended to be effective January 1, 2013, 37 TexReg 8512; amended to be effective March 30, 2017, 42 TexReg 1399; amended to be effective May 13, 2018, 43 TexReg 3001; amended to be effective April 4, 2019, 44 TexReg 1569 |
