| 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:
(1) TDU costs associated with performing standard meter
reads for the purpose of switches, to the extent not reflected in
base rates, shall be considered costs incurred in deploying advanced
metering functionality and are to be considered in setting a surcharge
established under PURA §39.107 (h) and §25.130 of this title
(relating to Advanced Metering). The costs shall be included in the
annual reports filed pursuant to §25.130(k)(5) of this title
as actual costs spent to date in the deployment of Advanced Metering
Systems (AMS) and shall be considered in setting, reconciling and
or updating the AMS surcharge pursuant to §25.130(k) of this
title; or,
(2) a TDU shall create a regulatory asset for the expenses
associated with performing standard meter reads for the purpose of
switches pursuant to this subsection. Upon review of reasonableness
and necessity, a reasonable level of amortization of such a regulatory
asset, including carrying charges, shall be included as a recoverable
cost in the TDU's rates in its next rate case or such other rate recovery
proceeding as deemed necessary.
(p) Meter reads for the purpose of a standard switch.
(1) Beginning December 1, 2009, a TDU shall perform
actual, as opposed to estimated, meter reads for at least 80% of meter
reads for the purpose of a standard switch in any given month, and
at least 95% of meter reads for the purpose of a standard switch in
any calendar year, exclusive of remote meter reads using advanced
meters. Until December 1, 2009, a TDU may perform estimated meter
reads for standard switch requests only for residential customers,
exclusive of customers with meters that have remote read capability.
A TDU shall use best efforts to perform as many actual reads as possible
for standard switches.
(2) Notwithstanding §25.214 of this title (relating
to Terms and Conditions of Retail Delivery Service Provided by Investor
Owned Transmission and Distribution Utilities), an estimated meter
read for the purpose of a standard switch is not subject to adjustment,
except as provided in subparagraph (A) or (B) of this paragraph. A
customer is obligated to pay a bill based upon an estimated meter
read for the purpose of a switch, including any adjustment made pursuant
to subparagraph (A) or (B) of this paragraph.
(A) The TDU shall adjust the estimated meter read if
the losing REP's billed usage is greater than the total kilowatt-hours
used by the customer in the TDU monthly meter read cycle during which
the estimate was made.
(B) Only upon the receipt of a customer dispute of
the estimated usage to either the gaining or losing REP, either REP
may request the TDU to review the estimate. In reviewing the estimate,
the TDU shall promptly calculate the average actual kWh usage per
day for the time period from the actual meter reading occurring prior
to the estimated reading to the actual meter reading occurring after
the estimated reading. The TDU shall determine whether the usage per
day for the estimated period prior to the switch is at least 25% greater
than, or 25% less than, the average actual kWh usage per day. If so,
the TDU shall promptly adjust the estimated meter read. The TDU may
adjust an estimate that does not meet this 25% threshold, on a non-discriminatory
basis.
(C) The TDU shall apply a reasonable methodology in
making adjustments pursuant to subparagraphs (A) and (B) of this paragraph
and shall make the methodology available to REPs. Consistent with
any meter read adjustments, the TDU shall adjust its invoices to the
affected REP or REPs.
(3) A TDU shall file performance reports with the commission
as part of the information filed under §25.88 of this title (relating
to Retail Market Performance Measure Reporting). These reports shall
show by month the number and percentages of actual and estimated meter
reads for the purpose of switches, and whether that month's performance
was in compliance with paragraph (1) of this subsection.
(q) Scheduled switch date. Once a TDU notifies the
REPs of a scheduled switch date, the TDU shall perform an actual or
estimated read of the customer's meter for that date.
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| Source Note: The provisions of this §25.474 adopted to be effective August 1, 2004, 29 TexReg 4756; amended to be effective March 8, 2007, 32 TexReg 1286; amended to be effective July 5, 2009, 34 TexReg 4306; amended to be effective November 28, 2011, 36 TexReg 7982; amended to be effective March 8, 2017, 42 TexReg 1011 |
