(B) As directed by the commission, during a state of
disaster declared by the governor pursuant to Texas Government Code §418.014,
a REP shall offer a deferred payment plan to customers, upon request,
in the area covered by the declaration.
(C) A REP shall offer a deferred payment plan to a
customer who has been underbilled, pursuant to subsection (e) of this
section.
(2) A REP shall make a payment plan available, upon
request, to a residential customer that meets the requirements of
subparagraph (A) of this paragraph for a bill that becomes due in
July, August, or September. A REP shall make a payment plan available,
upon request, to a residential customer that meets the requirements
of subparagraph (A) of this paragraph for a bill that becomes due
in January or February if in the prior month a TDU notified the commission
pursuant to §25.483(j) of this title of an extreme weather emergency
for the residential customer's county in the TDU service area for
at least five consecutive days during the month. A REP is not required
to offer a payment plan to a customer pursuant to this paragraph if
the customer is on an existing deferred, level, or average payment
plan.
(A) The following residential customers are eligible
for a payment plan under this paragraph:
(i) customers designated as Critical Care Residential
Customers or Chronic Condition Residential Customers under §25.497
of this title (relating to Critical Load Industrial Customers, Critical
Load Public Safety Customers, Critical Care Residential Customers,
and Chronic Condition Residential Customers); or
(ii) customers who have expressed an inability to pay
unless the customer:
(I) has been disconnected during the preceding 12 months;
(II) has submitted more than two payments during the
preceding 12 months that were found to have insufficient funds available;
or
(III) has received service from the REP for less than
three months, and the customer lacks:
(-a-) sufficient credit; or
(-b-) a satisfactory history of payment for electric
service from a previous REP or utility.
(B) The REP shall make available, at the customer's
option, the plans described in clauses (i) and (ii) of this subparagraph.
(i) A deferred payment plan with the initial payment
amount no greater than 50% of the amount due. The deferred amount
shall be paid by the customer in equal installments over at least
five billing cycles unless the customer agrees to fewer installments.
(ii) A level or average payment plan instead of requiring
the balance due to be paid. The level or average payment plan shall
be offered subject to the requirements of subsection (h) of this section.
(C) The REP shall not seek an additional deposit as
a result of a customer's entering into a deferred payment plan under
this paragraph.
(3) A REP shall not refuse customer participation in
a deferred payment plan on any basis set forth in §25.471(c)
of this title (relating to General Provisions of Customer Protection
Rules).
(4) A REP may voluntarily offer a deferred payment
plan to customers who have expressed an inability to pay.
(5) A copy of the deferred payment plan shall be provided
to the customer and:
(A) shall include a statement, in a clear and conspicuous
type, that states "If you are not satisfied with this agreement, or
if the agreement was made by telephone and you feel this does not
reflect your understanding of that agreement, contact (insert name
and contact number of REP).";
(B) if a switch-hold will apply, shall include a statement,
in a clear and conspicuous type, that states "By entering into this
agreement, you understand that {company name} will put a switch-hold
on your account. A switch-hold means that you will not be able to
buy electricity from other companies until you pay this past due amount.
The switch-hold will be removed after your final payment on this past
due amount is processed. While a switch-hold applies, if you are disconnected
for not paying, you will need to pay {us or company name}, to get
your electricity turned back on.";
(C) where the customer and the REP's representative
or agent meets in person, the representative shall read the statements
in subparagraph (A) and, if applicable, subparagraph (B) of this paragraph
to the customer;
(D) may include the one-time penalty in accordance
with subsection (c) of this section but shall not include a finance
charge;
(E) shall state the length of time covered by the plan;
(F) shall state the total amount to be paid under the
plan;
(G) shall state the specific amount of each installment;
(H) shall state whether the amount of the deferred
balance will appear on each bill the customer receives and that the
customer may call the REP at any time to determine the amount that
must be paid to satisfy the terms of the deferred payment plan; and
(I) shall state whether there may be a disconnection
of service if the customer does not fulfill the terms of the deferred
payment plan, and shall state the terms for disconnection.
(6) A REP may pursue disconnection of service if a
customer does not meet the terms of a deferred payment plan. However,
service shall not be disconnected until appropriate notice has been
issued, pursuant to §25.483 of this title, notifying the customer
that the customer has not met the terms of the plan. The requirements
of paragraph (2) of this subsection shall not apply with respect to
a customer who has defaulted on a deferred payment plan.
(7) A REP may apply a switch-hold while the customer
is on a deferred payment plan.
(8) The REP, through a standard market process, shall
submit a request to remove the switch-hold, pursuant to subsection
(m) of this section, after the customer's payment of the deferred
balance owed to the REP. On the day the REP submits the request to
remove the switch-hold, the REP shall notify or send notice to the
customer that the customer has satisfied the obligation to pay any
deferred balance owed and the removal of the switch-hold is being
processed.
(k) Allocation of partial payments. A REP shall allocate
a partial payment by the customer first to the oldest balance due
for electric service, followed by the current amount due for electric
service. When there is no longer a balance for electric service, payment
may be applied to non-electric services billed by the REP. Electric
service shall not be disconnected for non-payment of non-electric
services.
(l) Switch-hold.
(1) A REP may request that the TDU place a switch-hold
on an ESI ID to the extent allowed by subsection (h) or (j) of this
section, which shall prevent a switch transaction from being completed
for the ESI ID and shall prevent a move-in transaction from being
completed pending documentation that the applicant for electric service
is a new occupant not associated with the customer for which the switch-hold
was imposed. If the REP exercises its right to disconnect service
for non-payment pursuant to §25.483 of this title, the switch-hold
shall continue to remain in place. The TDU shall create and maintain
a secure list of ESI IDs with switch-holds that REPs may access. The
list shall not include any customer information other than the ESI
ID and date the switch-hold was placed. The list shall be updated
daily, and made available through a secure means by the TDU. The TDU
may provide this list in a secure format through the web portal developed
as part of its AMS deployment.
(A) The REP via a standard market process may request
a switch-hold.
(B) The REP shall submit a request to remove the switch-hold
as required by subsections (h)(9) and (j)(8) of this section.
(C) When the REP of record issues a move-out request
for the flagged ESI ID, the REP of record's relationship with the
ESI ID is terminated and the switch-hold shall be removed.
(D) At the time of a mass transition, the TDU shall
remove the switch-hold flag for any ESI ID that is transitioned to
a provider of last resort (POLR) provider.
(E) When the applicant for electric service is shown
to be a new occupant not associated with the customer for which the
switch-hold was imposed using the switch-hold process described in §25.126
of this title, the switch-hold flag shall be removed.
(F) For a move-in transaction indicating that the ESI
ID is subject to a continuous service agreement, the TDU shall remove
any switch-hold on that ESI ID and complete the move-in.
(2) In the first TX SET release after January 1, 2011,
market transactions shall be developed that support the following
requirements.
(A) REPs may request a switch-hold as allowed by subsection
(h) or (j) of this section.
Cont'd... |