(a) Process for resolving unauthorized change of retail
electric provider (REP). If a REP is serving a customer without proper
authorization under §25.474 of this title (relating to Selection
of Retail Electric Provider), the REP, registration agent, and transmission
and distribution utility (TDU) must follow the procedures set forth
in this subsection.
(1) Either the original REP or switching REP must notify
the registration agent of the unauthorized change of REP as promptly
as possible, using the process approved by the registration agent.
(2) As promptly as possible following receipt of notice
by the REP, the registration agent must facilitate the prompt return
of the customer to the original REP, or REP of choice in the case
of a move-in.
(3) The affected REPs, the registration agent, and
the TDU must take all actions necessary to return the customer to
the customer's original REP, or REP of choice in the case of a move-in,
as quickly as possible. The original REP does not need to obtain an
additional authorization from the customer under§25.474 of this
title in order to effectuate the provision of this section.
(4) The affected REPs, the registration agent, and
the TDU must take all actions necessary to bill correctly all charges,
so that the end result is that:
(A) the REP that served the customer without proper
authorization must pay all transmission and distribution charges associated
with returning the customer to its original REP, or REP of choice
in the case of a move-in;
(B) the original REP has the right to bill the customer
under §25.480 of this title (relating to Bill Payment and Adjustments)
at the price disclosed in its terms of service from either:
(i) the date the customer is returned to the original
REP; or
(ii) any prior date chosen by the original REP for
which the original REP had the authorization to serve the customer.
(C) the REP that served the customer without proper
authorization must refund all charges paid by the customer for the
time period for which the original REP ultimately bills the customer
within five business days after the customer is returned to the original
REP, or REP of choice in the case of a move-in;
(D) the customer will pay no more than the price at
which the customer would have been billed had the unauthorized switch
or move-in not occurred;
(E) the TDU has the right to seek collection of non-bypassable
charges from the REP that ultimately bills the customer under subparagraph
(B) of this paragraph; and
(F) the REP that ultimately bills the customer under
subparagraph (B) of this paragraph is responsible for non-bypassable
charges and wholesale consumption for the customer.
(5) The original REP must provide the customer all
benefits or gifts associated with the service that would have been
awarded had the unauthorized switch or move-in not occurred, upon
receiving payment for service provided during the unauthorized change.
(6) The affected REPs must communicate with the customer
as appropriate throughout the process of returning the customer to
the original REP or REP of choice and resolving any associated billing
issues.
(7) In a circumstance where paragraph (4) of this subsection
is not applicable or its requirements cannot be effectuated, the market
participants involved must work together in good faith to rectify
the unauthorized switch or move-in in a manner that affords the customer
and market participants involved a level of protection comparable
to that required in this subsection.
(b) Customer complaints, record retention and enforcement.
(1) A customer may file a complaint with the commission,
under §25.485 of this title (relating to Customer Access and
Complaint Handling), against a REP for an alleged failure to comply
with the provisions of this section.
(2) Upon receipt of a customer complaint, a REP must:
(A) respond to the commission within 15 calendar days
after receiving the complaint from the commission. For complaints
submitted to the commission before September 1, 2023, the deadline
is 21 days after the complaint is received from the commission. The
response to the complaint must provide to the commission all documentation
relied upon by the REP and related to the:
(i) authorization and verification to switch the customer's
service; and
(ii) corrective actions taken to date, if any.
(B) cease any collection activity related to the alleged
unauthorized switch or move-in until the complaint has been resolved
by the commission.
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