| (a) Applicability. This section applies to retail electric
providers (REPs) and aggregators seeking to enroll applicants or customers
for retail electric service. In addition, where specifically stated,
this section applies to transmission and distribution utilities (TDUs)
and the registration agent.
(b) Purpose. The provisions of this section establish
procedures for enrollment of applicants or customers by a REP and
ensure that all applicants and customers in this state are protected
from an unauthorized switch from the applicant's or customer's REP
of choice or an unauthorized move-in. A contested switch in providers
shall be presumed to be unauthorized unless the REP provides proof,
in accordance with the requirements of this section, of the applicant's
or customer's authorization and verification.
(c) Initial REP selection process.
(1) In conjunction with the commission's customer education
campaign, the commission may issue to customers for whom customer
choice will be available an explanation of the REP selection process.
The customer education information issued by the commission may include,
but is not limited to:
(A) an explanation of retail electric competition;
(B) a list of all REPs certified to provide electric
service to the customer;
(C) a form that allows the customer to contact or select
one or more of the listed REPs from which the customer desires to
receive information or to be contacted; and
(D) information on how a customer may designate whether
the customer would like to be placed on the statewide Do Not Call
List and indicate the fee for such placement.
(2) Any affiliated REP assigned to serve a customer
that is entitled to receive the price-to-beat rate, pursuant to the
Public Utility Regulatory Act (PURA) §39.202(a), shall issue
to a customer, either as a bill insert or through a separate mailing,
no later than 30 days after the commencement of customer choice:
(A) A terms of service document that includes an explanation
of the price-to-beat rate;
(B) Your Rights as a Customer disclosure; and
(C) An Electricity Facts Label for the price to beat,
which may, at the discretion of the REP, be in a separate document
or contained in the terms of service document.
(3) An electric utility whose successor affiliated
REP will continue to serve customers not eligible for the price-to-beat
rate, pursuant to PURA §39.102(b), shall issue to the customer
a terms of service document on a date prescribed by the commission.
Such a document shall contain an explanation of the price the customer
will be charged by the affiliated REP.
(d) Enrollment via the Internet. For enrollments of
applicants via the Internet, a REP or aggregator shall obtain authorization
and verification of the move-in or switch request from the applicant
in accordance with this subsection.
(1) The website (or websites) shall clearly and conspicuously
identify the legal name of the aggregator and its registration number
to provide aggregation services or REP and its certification number
to sell retail electric service, its address, and telephone number.
(2) The website shall include a means of transfer of
information, such as electronic enrollment, renewal, and cancellation
information between the applicant or customer and the REP or aggregator
that is an encrypted transaction using Secure Socket Layer or similar
encryption standard to ensure the privacy of customer information.
(3) The website shall include an explanation that a
move-in or a switch can only be made by the electric service applicant
or the applicant's authorized agent.
(4) The entire enrollment process shall be in plain,
easily understood language. The entire enrollment shall be the same
language. Nothing in this section is meant to prohibit REPs or aggregators
from utilizing multiple enrollment procedures or websites to conduct
enrollments in multiple languages.
(5) Required authorization disclosures. Prior to requesting
confirmation of the move-in or switch request, a REP or aggregator
shall clearly and conspicuously disclose the following information:
(A) the name of the new REP;
(B) the name of the specific electric service package
or plan for which the applicant's assent is attained;
(C) the ability of an applicant to select to receive
information in English, Spanish, or the language used in the marketing
of service to the applicant. The REP or aggregator shall provide a
means of documenting a customer's language preference;
(D) the price of the product or plan, including the
total price stated in cents per kilowatt-hour, for electric service;
(E) term or length of the term of service;
(F) the presence or absence of early termination fees
or penalties, and applicable amounts;
(G) any requirement to pay a deposit and the estimated
amount of that deposit, or the method in which the deposit will be
calculated. An affiliated REP or provider of last resort (POLR) shall
also notify the applicant of the right to post a letter of guarantee
in lieu of a deposit in accordance with §25.478(i) of this title
(relating to Credit Requirements and Deposits);
(H) any fees to the applicant for switching to the
REP pursuant to subsection (n) of this section;
(I) in the case of a switch request, the applicant's
right, pursuant to subsection (j) of this section, to review and rescind
the terms of service within three federal business days, after receiving
the terms of service, without penalty;
(J) a statement that the applicant will receive a copy
of the terms of service document via email or, upon request, via regular
US mail, that will explain all the terms of the agreement and how
to exercise the right of rescission, if applicable; and
(K) if the customer is being enrolled for prepaid service
as defined by §25.498(b)(7) of this title (relating to Prepaid
Service), that the customer will not receive a bill and may request
a summary of usage and payment.
(6) The applicant shall be required to check a box
affirming that the applicant has read and understands the disclosures
and terms of service required by paragraph (5) of this subsection.
(7) The REP or aggregator shall provide access to the
complete terms of service document that is being agreed to by the
applicant on the website such that the applicant may review the terms
of service prior to enrollment. A prompt shall also be provided for
the applicant to print or save the terms of service document to which
the applicant assents, and shall inform the application of the option
to request that a written copy of the terms of service document be
sent by regular U.S. mail by contacting the REP.
(8) The REP or aggregator shall also provide a toll-free
telephone number, Internet website address, and e-mail address for
contacting the REP or aggregator throughout the duration of the applicant's
or customer's agreement. The REP or aggregator shall also provide
the appropriate toll-free telephone number that the customer can use
to report service outages.
(9) Applicant authorizations shall adhere to any state
and federal guidelines governing the use of electronic signatures.
(10) Verification of authorization for Internet enrollment.
Prior to final verification by the applicant of enrollment with the
REP or aggregator, the REP or aggregator shall:
(A) obtain or confirm the applicant's email address,
billing name, billing address, service address, and name of any authorized
representative;
(B) obtain or confirm the applicant's electric service
identifier (ESI-ID), if available;
(C) affirmatively inquire whether the applicant has
decided to establish new service or change from the current REP to
the new REP;
(D) affirmatively inquire whether the applicant designates
the new REP to perform the necessary tasks to complete a switch or
move in for the applicant's service with the new REP; and
(E) obtain or confirm one of the following account
access verification data: last four digits of the social security
number, mother's maiden name, city or town of birth, month and day
of birth, driver's license or government issued identification number.
For non-residential applicants, the REP may obtain the applicant's
federal tax identification number.
(11) After enrollment, the REP or aggregator shall
send a confirmation, by email, of the applicant's request to select
the REP. The confirmation email shall include:
(A) in the case of a switch, a clear and conspicuous
notice of the applicant's right, pursuant to subsection (j) of this
section, to review and rescind the terms of service within three federal
business days, after receiving the terms of service without penalty
and offer the applicant the option of exercising this right by toll-free
number, email, Internet website, facsimile transmission or regular
mail. This notice shall be accessible to the applicant without need
to open an attachment or link to any other document; and
(B) the terms of service and Your Rights as a Customer
documents. These may be documents attached to the confirmation email,
or the REP or aggregator may include a link to an Internet webpage
containing the documents.
(e) Written enrollment. For enrollments of customers
via a written letter of authorization (LOA), a REP or aggregator shall
obtain authorization and verification of the switch or move-in request
from the applicant in accordance with this subsection.
(1) All LOAs for move-in or switch orders shall be
in plain, easily understood language. The entire enrollment shall
be in the same language.
(2) The LOA shall be a separate or easily separable
document containing the requirements prescribed by this subsection
for the sole purpose of authorizing the REP to initiate a switch request.
The LOA is not valid unless it is signed and dated by the customer
requesting the move-in or switch.
(3) The LOA may contain a description of inducements
associated with enrolling with the REP; however, the actual inducement
itself shall not be either included on or as part of the LOA, or constitute
the LOA by itself.
(4) The LOA shall be legible and shall contain clear
and unambiguous language.
(5) Required authorization disclosures. The LOA shall
disclose the following information:
(A) the name of the new REP;
(B) the name of the specific electric service package
or plan for which the applicant's assent is attained;
(C) the ability of an applicant to select to receive
information in English, Spanish, or the language used in the marketing
of service to the applicant. The REP shall provide a means of documenting
an applicant's language preference;
(D) the price of the product or plan, including the
total price stated in cents per kilowatt-hour, for electric service;
(E) term or length of the term of service;
(F) the presence or absence of early termination fees
or penalties, and applicable amounts;
(G) any requirement to pay a deposit and the estimated
amount of that deposit, or the method in which the deposit will be
calculated. An affiliated REP or POLR shall also notify the applicant
of the right to post a letter of guarantee in lieu of a deposit in
accordance with §25.478(i) of this title;
(H) any fees to the applicant for switching to the
REP pursuant to subsection (n) of this section;
(I) in the case of a switch, the applicant's right,
pursuant to subsection (j) of this section, to review and rescind
the terms of service within three federal business days, after receiving
the terms of service, without penalty;
(J) a statement that the applicant will receive a written
copy of the terms of service document that will explain all the terms
of the agreement and how to exercise the right of rescission, if applicable;
and
(K) if the customer is being enrolled for prepaid service
as defined by §25.498(b)(7) of this title, that the customer
will not receive a bill and may request a summary of usage and payment.
(6) Verification of authorization of written enrollment.
A REP or aggregator shall, as part of the LOA:
(A) obtain or confirm the applicant's billing name,
billing address, and service address;
(B) obtain or confirm the applicant's ESI-ID, if available;
(C) affirmatively inquire whether the applicant has
decided to establish new service or change from their current REP
to the new REP;
(D) affirmatively inquire whether the applicant designates
the new REP to perform the necessary tasks to complete a switch or
move in for the applicant's service with the new REP; and
(E) obtain one of the following account access verification
data: last four digits of the social security number, mother's maiden
name, city or town of birth, month and day of birth, driver's license
or government issued identification number. For non-residential applicants,
the REP may obtain the applicant's federal tax identification number.
Cont'd... |
