| (A) A REP or aggregator shall electronically record
on audio tape, a wave sound file, or other recording device the entirety
of an applicant's verification of the authorization. The REP or aggregator
shall inform the applicant that the verification call is being recorded.
(B) Prior to final confirmation by the applicant that
they wish to enroll with the REP, the REP shall, at a minimum:
(i) obtain or confirm the applicant's billing name,
billing address, and service address;
(ii) obtain or confirm the applicant's ESI-ID, if available;
(iii) for a move-in request, ask the applicant, "do
you agree to become a customer with (REP) and allow (REP) to complete
the tasks required to start your electric service?" and the applicant
must answer affirmatively; or
(iv) for a switch request, ask the applicant, "do you
agree to become a (REP) customer and allow us to complete the tasks
required to switch your electric service from your current REP to
(REP)?" and the applicant must answer affirmatively;
(v) ask the applicant, "do you want 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 the
applicant's language preference; and
(vi) 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, or month and
day of birth, driver's license or government issued identification
number. For non-residential applicants, a REP may obtain the applicant's
federal tax identification number.
(C) In the event the applicant does not consent to
or does not provide any of the information listed in subparagraph
(B) of this paragraph, the enrollment shall be deemed invalid and
the REP shall not submit a switch or move-in request for the applicant's
service.
(D) If a REP has solicited service for prepaid service,
an actual pre-payment by a customer may be substituted for a telephonic
verification, provided that the pre-payment is not taken at the time
of the solicitation by the sales representative that has obtained
the authorization from the customer, and the REP has obtained a written
LOA from the customer and can produce documentation of the pre-payment.
The REP shall not submit a move-in or switch request until it has
received the prepayment from the customer.
(i) Record retention.
(1) A REP or aggregator shall maintain non-public records
of each applicant's authorization and verification of enrollment for
24 months from the date of the REP's initial enrollment of the applicant
and shall provide such records to the applicant, customer, or commission
staff, upon request.
(2) A REP or an aggregator shall submit copies of its
sales script, terms of service document, and any other materials used
to obtain a customer's authorization or verification to the commission
staff upon request. In the event commission staff request documents
under this subsection, the requested records must be delivered to
the commission staff within 15 days of the written request, unless
otherwise agreed to by commission staff.
(3) In the event an applicant or customer disputes
an enrollment or switch, the REP shall provide to the applicant or
customer proof of the applicant's or customer's authorization within
five business days of the request.
(j) Right of rescission. A REP shall promptly provide
the applicant with the terms of service document after the applicant
has authorized the REP to provide service to the applicant and the
authorization has been verified. For switch requests, the REP shall
offer the applicant a right to rescind the terms of service without
penalty or fee of any kind for a period of three federal business
days after the applicant's receipt of the terms of service document.
The provider may assume that any delivery of the terms of service
document deposited first class with the United States Postal Service
will be received by the applicant within three federal business days.
Any REP receiving an untimely notice of rescission from the applicant
shall inform the applicant that the applicant has a right to select
another REP and may do so by contacting that REP. The REP shall also
inform the applicant that the applicant will be responsible for charges
from the REP for service provided until the applicant switches to
another REP. The right of rescission is not applicable to an applicant
requesting a move-in.
(k) Submission of an applicant's switch or move-in
request to the registration agent. A REP shall submit a move-in or
switch request to the registration agent so that the move-in or switch
will be processed on the approximate scheduled date agreed to by the
applicant and as allowed by the tariff of the TDU, municipally owned
utility, or electric cooperative. A REP shall submit an applicant's
switch request to the registration agent as a standard switch. In
the alternative, the REP shall submit an applicant's switch request
as a self-selected switch if the applicant requests a specific date
for a switch, consistent with the applicable transmission and distribution
tariff. A REP may submit an applicant's switch request to the registration
agent prior to the expiration of the rescission period prescribed
by subsection (j) of this section, provided that if the customer makes
a timely request to cancel service the REP shall take action to ensure
that the switch is canceled or the customer is promptly returned to
its chosen REP without inconvenience or additional cost to the customer.
The applicant shall be informed of the approximate scheduled date
that the applicant will begin receiving electric service from the
REP, and of any delays in meeting that date, if known by the REP.
(l) Duty of the registration agent.
(1) When the registration agent receives a move-in
or switch request from a REP, the registration agent shall process
that request in accordance with this section and its protocols, to
the extent that the protocols are consistent with this section. The
registration agent shall send a switch notification notice to the
applicant that shall:
(A) be worded in English and Spanish consistent with §25.473(d)
of this title (relating to Non-English Language Requirements);
(B) identify the REP that initiated the switch request;
and
(C) provide the names and telephone numbers for the
gaining and losing REP.
(2) The registration agent shall direct the TDU to
implement any switch, move-in, or transfer to the REP or the POLR
in accordance with this section and its protocols.
(m) Exemptions for certain transfers. The provisions
of this section relating to authorization and right of rescission
are not applicable when the applicant's or customer's electric service
is:
(1) transferred to the POLR pursuant to §25.43
of this title (relating to Provider of Last Resort (POLR)) when the
customer's REP of record defaults or otherwise ceases to provide service.
Nothing in this subsection implies that the customer is accepting
a contract with the POLR for a specific term;
(2) transferred to the competitive affiliate of the
POLR pursuant to §25.43(o) of this title;
(3) transferred to another REP in accordance with section §25.493
of this title (relating to Acquisition and Transfer of Customers from
One Retail Electric Provider to Another); or
(4) transferred from one premise to another premise
without a change in REP and without a material change in the terms
of service.
(n) Fees. A REP, other than a municipally owned utility
or an electric cooperative, shall not charge a fee to an applicant
to switch to, select, or enroll with the REP unless an applicant without
a Provisioned Advanced Meter requests an out-of-cycle meter read for
the purpose of a self-selected switch. The registration agent shall
not charge a fee to the end-use customer for the switch or enrollment
process performed by the registration agent. The TDU shall not charge
a fee for a review or adjustment described in subsection (p)(2) of
this section. To the extent that the TDU assesses a REP a properly
tariffed charge for connection of service, out-of-cycle meter read
for self-selected switch requests, service order cancellations, or
changes associated with the switching of service or the establishment
of new service, any such fee may be passed on to the applicant or
customer by the REP. A TDU shall not assess to a REP or an applicant
any costs associated with a switch cancellation, including inadvertent
gain fees, that results from the applicant's exercise of the three-day
right of rescission. The TDU shall include such costs in the cost
recovery mechanism described in subsection (o) of this section.
(o) TDU cost recovery. The TDU may recover the reasonable
costs associated with performing meter reads for purposes of a standard
switch through one of the following two options at the TDU's discretion:
Cont'd... |
