(a) Application. This section does not apply to a municipally
owned utility where it offers retail electric power or energy outside
its certificated service territory or to a retail electric provider
(REP) that is an electric cooperative.
(b) Record retention.
(1) Each REP and aggregator shall establish and maintain
records and data that are sufficient to:
(A) Verify its compliance with the requirements of
any applicable commission rules; and
(B) Support any investigation of customer complaints.
(2) All records required by this subchapter shall be
retained for no less than two years, unless otherwise specified.
(3) Unless otherwise prescribed by the commission or
its authorized representative, all records required by this subchapter
shall be provided to the commission within 15 calendar days of its
request.
(c) Annual reports. In its annual report, a REP shall
report the information required by §25.107 of this title (relating
to Certification of Retail Electric Providers (REPs)) to the commission
and the Office of Public Utility Counsel (OPUC) and the following
additional information on a form approved by the commission for the
12-month period ending December 31 of the prior year:
(1) The number of residential customers served, by
nine-digit zip code and census tract, by month;
(2) The number of written denial of service notices
issued by the REP, by month, by customer class, by nine-digit zip
code and census tract;
(3) The number and total aggregated dollar amount of
deposits held by the REP, by month, by customer class, by nine-digit
zip code and census tract;
(4) Information relating to the REP's bill payment
assistance program for residential electric customers required by §25.480(n)(1)
of this title (relating to Bill Payment and Adjustments);
(5) The number of complaints received by the REP from
residential customers for the following categories by month, by nine-digit
zip code and census tract:
(A) Refusal of electric service, which shall include
all complaints pertaining to the implementation of §25.477 of
this title (relating to Refusal of Electric Service);
(B) Marketing and quality of customer service, which
shall include complaints relating to the interfaces between the customer
and the REP, such as, but not limited to, call center hold time, responsiveness
of customer service representatives, and implementation of §25.472
of this title (relating to Privacy of Customer Information), §25.475
of this title (relating to General REP Requirements and Information
Disclosures to Residential and Small Commercial Customers), §25.473
of this title (relating to Non-English Language Requirements), §25.476
of this title (relating to Renewable and Green Energy Verification
), and §25.484 of this title (relating to Texas Electric No-Call
List), and which shall not include issues for which the REP is not
responsible, such as, but not limited to, power quality, outages,
or technical failures of the registration agent;
(C) Unauthorized charges, which shall encompass all
complaints pertaining to §25.481 of this title (relating to Unauthorized
Charges);
(D) Enrollment, which shall encompass all complaints
pertaining to the implementation of §25.474 of this title (relating
to the Selection of Retail Electric Provider), §25.478 of this
title (relating to Credit Requirements and Deposits), and §25.495
of this title (relating to Unauthorized Change of Retail Electric
Provider);
(E) Accuracy of billing services, which shall encompass
all complaints pertaining to the implementation of §25.479 of
this title (relating to Issuance and Format of Bills); and
(F) Collection and service termination, and disconnection,
which shall encompass all complaints pertaining to the implementation
of §25.480 of this title, and §25.483 of this title (relating
to Disconnection of Service).
(6) In reporting the number of informal complaints
received pursuant to paragraph (4) of this subsection, a REP may identify
the number of complaints in which it has disputed categorization or
assignment pursuant to the provisions set forth in §25.485 of
this title (relating to Customer Access and Complaint Handling).
(d) Information regarding payment options and payment
assistance programs. With its annual report, a REP shall include a
statement containing the information described in §25.480(n)
of this title to the extent such information is not included in the
form approved by the commission pursuant to subsection (c) of this
section.
(e) Additional information. Upon written request by
the commission, a REP or aggregator shall provide within 15 days any
information, including but not limited to marketing information, necessary
for the commission to investigate an alleged discriminatory practice
prohibited by §25.471(c) of this title (relating to General Provisions
of the Customer Protection Rules).
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Source Note: The provisions of this §25.491 adopted to be effective January 15, 2001, 26 TexReg 125; amended to be effective June 1, 2004, 29 TexReg 4756; amended to be effective March 8, 2007, 32 TexReg 1286; amended to be effective November 3, 2009, 34 TexReg 7647; amended to be effective May 13, 2018, 43 TexReg 3001 |