| (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.
(B) TDUs shall provide indication of which ESI IDs
have switch-holds so that during a move-in enrollment a REP can identify
whether a switch-hold applies and that specific documentation must
be submitted to have the switch-hold removed.
(C) A move-in subject to a switch-hold can be submitted
for processing when the customer initially requests the move-in and
such transaction will be held in the system for final processing depending
on the approval or rejection of the move-in documentation. The TDU
shall notify the submitting REP that there is a switch-hold on the
ESI ID.
(3) The requirements of §25.475 of this title
(relating to General Retail Electric Provider Requirements and Information
Disclosures to Residential and Small Commercial Customers) shall continue
to apply while a customer is subject to a switch-hold. The notice
required by §25.475(e) of this title shall include a statement
reminding the customer that if a switch-hold is in effect, the balance
deferred must be paid in full before the customer will be able to
change to a new provider.
(4) A customer who is subject to a switch-hold shall
not be charged any separate fees for a switch-hold or any customer
service or administrative fees related to the switch-hold.
(5) A REP shall not discriminate against any customer
that is on a switch-hold in the provision of services or pricing of
products. A customer on a switch-hold shall be eligible for all services
and products generally available to the REPs other customers.
(6) If a REP applies a switch-hold to a customer account
and the customer's contract expires while under the switch-hold, the
REP shall provide notice of the contract expiration as required by §25.475
of this title. Unless a customer affirmatively chooses a different
product with the REP, a customer whose term product expires while
the customer is subject to a switch-hold shall be moved to the lowest
priced month-to-month product currently offered by the REP to new
applicants, or, if the REP does not offer month-to-month products
to new applicants, shall be served on a month-to-month basis at the
price equivalent to the lowest price of the shortest term fixed product
currently offered by the REP to new applicants. Otherwise, the REP
shall request the removal of the switch-hold in compliance with subsection
(m) of this section. The offers shall include those made on www.powertochoose.com.
If the customer does not affirmatively choose a product, the customer
shall not be required by the REP to enter into another contract term
so long as the switch-hold remains on the customer account and no
early termination fees shall be applied to the customer's account.
(m) Placement and Removal of Switch-Holds.
(1) A REP may request a switch-hold only as allowed
under this section.
(2) A REP shall be responsible for requesting that
the TDU remove a switch-hold after the customer's obligation to the
REP related to the switch-hold is satisfied. If a customer's obligation
to the REP is satisfied by 10:00 p.m. on a business day, the REP shall
send a request to the TDU to remove the switch-hold by Noon (12:00
p.m.) of the next business day. If the TDU receives the request by
1:00 p.m. on a business day, the TDU shall remove the switch-hold
by 8:00 p.m. of the same business day in which it receives the request
to remove the switch-hold from the REP.
(3) The REP shall submit a request to remove a switch-hold
pursuant to subsection (l)(6) of this section to the TDU, such that
the TDU will remove the switch-hold on or before the customer's contract
expiration date.
(4) If a REP erroneously places a switch-hold flag
on an ESI ID, thus preventing a legitimate switch, or does not remove
the switch-hold within the timeline described in paragraph (2) of
this subsection, the REP shall be considered to have committed a Class
B Violation (as defined in §25.8(b) of this title (relating to
Classification System for Violations of Statutes, Rules, and Orders
Applicable to Electric Service Providers)) for purposes of any administrative
penalties imposed by the commission.
(n) Annual reporting requirement. In its annual report
filed pursuant to §25.107 of this title (relating to Certification
of Retail Electric Providers (REPs)) and §25.491 of this title
(relating to Record Retention and Reporting Requirements), each REP
shall include:
(1) A statement summarizing any low-income payment
options and low-income payment assistance programs that are offered
by or available from the REP;
(2) Information regarding a REP's bill payment assistance
program created pursuant to subsection (g) of this section shall include:
(A) the total amount of customer donations;
(B) the amount of money set aside for bill payment
assistance;
(C) the assistance agency or agencies selected to disburse
funds to residential customers;
(D) the amount of money disbursed by the REP or provided
to each assistance agency to disburse funds to residential customers;
and
(E) the number of customers who had a switch-hold applied
during the year.
(3) A statement confirming whether the REP, at the
time of filing its annual report, has obtained the low-income customer
identification service from the Low Income List Administrator (LILA)
in accordance with §25.45 of this title, and whether the REP,
at the time of filing its annual report, intends to obtain the low-income
identification service from the LILA in the next fiscal year.
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| Source Note: The provisions of this §25.480 adopted to be effective January 15, 2001, 26 TexReg 125; amended to be effective Spetember 12, 2002, 27 TexReg 8428; amended to be effective June 1, 2004, 29 TexReg 4756; amended to be effective March 8, 2007, 32 TexReg 1286; amended to be effective June 1, 2011, 35 TexReg 9232; amended to be effective January 9, 2014, 39 TexReg 212; amended to be effective May 13, 2018, 43 TexReg 3001 |
