|(a) Applicability. This section applies to retail electric
providers (REPs) that offer a payment option in which a customer pays
for retail service prior to the delivery of service and to transmission
and distribution utilities (TDUs) that have installed advanced meters
and related systems. A REP may not offer prepaid service to residential
or small commercial customers unless it complies with this section.
The following provisions do not apply to prepaid service, unless otherwise
(1) §25.479 of this title (relating to Issuance
and Format of Bills);
(2) §25.480(b), (e)(3), (h), (i), (j), and (k)
of this title (relating to Bill Payment and Adjustments); and
(3) §25.483 of this title (relating to Disconnection
of Service), except for §25.483(b)(2)(A) and (B), (d), and (e)(1)-(6)
of this title.
(b) Definitions. The following terms, when used in
this section, have the following meanings unless the context indicates
(1) Connection balance--A current balance, not to exceed
$75 for a residential customer, required to establish prepaid service
or reconnect prepaid service following disconnection.
(2) Current balance--An account balance calculated
consistent with subsection (c)(6) of this section.
(3) Customer prepayment device or system (CPDS)--A
device or system that includes metering and communications capabilities
that meet the requirements of this section, including a device or
system that accesses customer consumption information from a TDU's
advanced metering system (AMS). The CPDS may be owned by the REP,
and installed by the TDU consistent with subsection (c)(2)-(4) of
(4) Disconnection balance--An account balance, not
to exceed $10 for a residential customer, below which the REP may
initiate disconnection of the customer's service.
(5) Landlord--A landlord or property manager or other
agent of a landlord.
(6) Postpaid service--A payment option offered by a
REP for which the customer normally makes a payment for electric service
after the service has been rendered.
(7) Prepaid service--A payment option offered by a
REP for which the customer normally makes a payment for electric service
before service is rendered.
(8) Prepaid disclosure statement (PDS)--A document
described by subsection (e) of this section.
(9) Summary of usage and payment (SUP)--A document
described by subsection (h) of this section.
(c) Requirements for prepaid service.
(1) A REP must file with the commission a notice of
its intent to provide prepaid service prior to offering such service.
The notice of intent must include a description of the type of CPDS
the REP will use, and the initial Electricity Facts Label (EFL), terms
of service, and PDS for the service. Except as provided in subsection
(m) of this section, a REP-controlled CPDS or TDU settlement provisioned
meter is required for any prepaid service.
(2) A CPDS that relies on metering equipment other
than the TDU meter must conform to the requirements and standards
of §25.121(e) of this title (relating to Meter Requirements), §25.122
of this title (relating to Meter Records), and section 4.7.3 of the
tariff for retail electric delivery service, which is prescribed by §25.214
of this title (relating to Terms and Conditions of Retail Delivery
Service Provided by Investor Owned Transmission and Distribution Utilities).
(3) A TDU may, consistent with its tariff, install
CPDS equipment, including meter adapters and collars on or near the
TDU's meters. Such installation does not constitute competitive energy
services as this term is defined in §25.341(3) of this title
(relating to Definitions).
(4) A CPDS must not cause harmful interference with
the operation of a TDU's meter or equipment, or the performance of
any of the TDU's services. If a CPDS interferes with the TDU's meter
or equipment, or TDU's services, the CPDS must be promptly corrected
or removed. A CPDS that relies on communications channels other than
those established by the TDU must protect customer information in
accordance with §25.472 of this title (relating to Privacy of
(5) A REP may choose the means by which it communicates
required information to a customer, including an in-home device at
the customer's premises, United States Postal Service, email, telephone,
mobile phone, or other electronic communications. The means by which
the REP will communicate required information to a customer must be
described in the terms of service and the PDS.
(A) A REP must communicate time-sensitive notifications
required by paragraph (7)(B), (D), and (E) of this subsection by telephone,
mobile phone, or electronic means.
(B) A REP must, as required by the commission after
reasonable notice, provide brief public service notices to its customers.
The REP must provide these public service notices to its customers
by electronic communication, or by other acceptable mass communication
methods, as approved by the commission.
(6) A REP must calculate the customer's current balance
by crediting the account for payments received and reducing the account
balance by known charges and fees that have been incurred, including
charges based on estimated usage as allowed in paragraph (11)(E) of
(A) The REP may also reduce the account balance by:
(i) estimated applicable taxes; and
(ii) estimated TDU charges that have been incurred
in serving the customer and that, pursuant to the terms of service,
will be passed through to the customer.
(B) If the customer's balance reflects estimated charges
and taxes authorized by subparagraph (A) of this paragraph, the REP
must promptly reconcile the estimated charges and taxes with actual
charges and taxes, and credit or debit the balance accordingly within
72 hours after actual consumption data or a statement of charges from
the TDU is available.
(C) A REP may reverse a payment for which there are
insufficient funds available or that is otherwise rejected by a bank,
credit card company, or other payor.
(D) If usage sent by the TDU is estimated or the REP
estimates consumption according to paragraph (11)(E) of this subsection,
the REP must promptly reconcile the estimated consumption and associated
charges with the actual consumption and associated charges within
72 hours after actual consumption data is available to the REP.
(7) A REP must:
(A) on the request of the customer, provide the customer's
current balance calculated pursuant to paragraph (6) of this subsection,
including the date and time the current balance was calculated and
the estimated time or days of paid electricity remaining; and
(B) make the current balance available to the customer
(i) continuously, via the internet, phone, or an in-home
(ii) within two hours of the REP's receipt of a customer's
balance request, by the means specified in the Terms of Service for
making such a request.
(C) communicate to the customer the current price for
electric service calculated as required by §25.475(g)(2)(A)-(E)
of this title (relating to General Retail Electric Provider Requirements
and Information Disclosures to Residential and Small Commercial Customers);
(D) provide a warning to the customer at least one
day and not more than seven days before the customer's current balance
is estimated by the REP to drop to the disconnection balance;
(E) provide a confirmation code when the customer makes
a payment by credit card, debit card, or electronic check. A REP is
not required to provide a confirmation code or receipt for payment
sent by mail or electronic bill payment system. The REP must provide
a receipt showing the amount paid for payment in person. At the customer's
request, the REP must confirm all payments by providing to the customer
the last four digits of the customer's account number or Electric
Service Identifier (ESI ID), payment amount, and the date the payment
(F) ensure that a CPDS controlled by the REP does not
impair a customer's ability to choose a different REP or any electric
service plans offered by the REP that do not require prepayment. When
the REP receives notice that a customer has chosen a new REP, the
REP must take any steps necessary to facilitate the switch on a schedule
that is consistent with the effective date stated on the Electric
Reliability Council of Texas (ERCOT) enrollment transaction and ERCOT's
rules for processing such transactions; and
(G) refund to the customer or an energy assistance
agency, as applicable, any unexpended balance from the account within
ten business days after the REP receives the final bill and final
meter read from the TDU.
(i) In the case of unexpended funds provided by an
energy assistance agency, the REP must refund the funds to the energy
assistance agency and identify the applicable customer and the customer's
address associated with each refund.
(ii) In the case of unexpended funds provided by the
customer that are less than five dollars, the REP must communicate
the unexpended balance to the customer and state that the customer
may contact the REP to request a refund of the balance. Once the REP
has received the request for refund from the customer, the REP must
refund the balance within ten business days.
(8) Nothing in this subsection limits a customer from
obtaining a SUP.
(9) The communications provided under paragraph (7)(A)-(D)
of this subsection and any confirmation of payment as described in
paragraph (7)(E) of this subsection, except a receipt provided when
the payment is made in person at a third-party payment location, must
be provided in English or Spanish, at the customer's election.
(10) A REP must cooperate with energy assistance agencies
to facilitate the provision of energy assistance payments to requesting
(11) A REP must not:
(A) tie the duration of an electric service contract
to the duration of a tenant's lease;
(B) require, or enter into an agreement with a landlord
requiring, that a tenant select the REP as a condition of a lease;
(C) require a connection balance in excess of $75 for
a residential customer;
(D) require security deposits for electric service;
(E) base charges on estimated usage, other than usage
estimated by the TDU or estimated by the REP in a reasonable manner
for a time period in which the TDU has not provided actual or estimated
usage data on a web portal within the time prescribed by §25.130(g)
of this title (relating to Advanced Metering) and in which the TDU-provided
portal does not provide the REP the ability to obtain on-demand usage
(12) A REP providing service must not charge a customer
any fee for:
(A) transitioning from a prepaid service to a postpaid
service, but notwithstanding §25.478(c)(3) of this title (relating
to Credit Requirements and Deposits), a REP may require the customer
to pay a deposit for postpaid service consistent with §25.478(b)
or (c)(1) and (2) of this title and may:
(i) require the deposit to be paid within ten days
after issuance of a written disconnection notice that requests a deposit;
(ii) bill the deposit to the customer.
(B) the removal of equipment; or
(C) the switching of a customer to another REP, or
otherwise cancelling or discontinuing taking prepaid service for reasons
other than nonpayment, but may charge and collect early termination
fees pursuant to §25.475 of this title.
(13) If a customer owes a debt to the REP for electric
service, the REP may reduce the customer's account balance by the
amount of the debt. Before reducing the account balance, the REP must
notify the customer of the amount of the debt and that the customer's
account balance will be reduced by the amount of the debt no sooner
than 10 days after the notice required by this paragraph is issued.
(14) In addition to the connection balance, a REP may
require payment of applicable TDU fees, if any, prior to establishing
electric service or reconnecting electric service.
(15) A REP that provides prepaid service to a residential
customer must not charge an amount for electric service that is higher
than the price charged by the POLR in the applicable TDU service territory.
The price for prepaid service to a residential customer calculated
as required by §25.475(g)(2)(A)-(E) of this title must be equal
to or lower than the maximum POLR rate for the residential customer
class at the 500 kilowatt-hour (kWh), 1,000 kWh, and 2,000 kWh usage
levels as shown on the POLR EFL posted on the commission's website
for the applicable TDU service territory. When an updated POLR EFL
is posted on the commission's website, the REP, at the REP's option,
may continue to reference the prior POLR EFL to ensure compliance
with this paragraph for prepaid service prices charged during the
first 30 days, beginning the date that the updated POLR EFL is posted.
For a fixed rate product, the REP must show that the prepaid service
prices calculated under §25.475(g)(2)(A), (D)-(E) of this title
are equal to or lower than the test described in this paragraph at
the time the REP makes the offer and provided that the customer accepts
the offer within 30 days.