| writing as described in subsection (j)(5) of this section.
(4) If the amount of the deferred balance does not
appear on each bill the customer receives, the REP shall inform the
customer that the customer may call the REP at any time to determine
the amount that must be paid to be removed from the level or average
payment plan.
(5) If the customer is delinquent in payment when the
level or average payment plan is established, the REP may apply a
switch-hold at that time.
(6) Before the REP applies a switch-hold to a customer
on a level or average payment plan, the REP shall provide orally or
in writing a clear explanation of the switch-hold process to the customer,
prior to the customer's agreement to the plan. The explanation shall
inform the customer as follows: "If you enter into this plan concerning
your past due amount, we 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 the total deferred balance. If we put
a switch-hold on your account, it will be removed after your deferred
balance is paid and 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."
(7) If the customer is not delinquent in payment when
the level or average payment plan is established, a switch-hold shall
not be applied unless the plan is established pursuant to subsection
(j)(2)(B)(ii) of this section.
(8) The REP, through a standard market process, shall
submit a request to remove the switch-hold, pursuant to subsection
(m) of this section, when the customer satisfies either subparagraph
(A) or (B) of this paragraph, whichever occurs earlier. On the date
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.
(A) The customer's deferred balance, including any
deferred delinquent amount described in paragraph (4) of this subsection,
is either zero or in an over-payment status.
(B) The customer satisfies the terms of any deferred
delinquent amount described in paragraph (4) of this subsection and
has paid bills for 12 consecutive billings without having been disconnected
and without having more than one late payment.
(i) Payment arrangements. A payment arrangement is
any agreement between the REP and a customer that allows a customer
to pay the outstanding bill after its due date, but before the due
date of the next bill. If the REP issues a disconnection notice before
a payment arrangement was made, that disconnection should be suspended
until after the due date for the payment arrangement. If a customer
does not fulfill the terms of the payment arrangement, service may
be disconnected after the later of the due date for the payment arrangement
or the disconnection date indicated in the notice, without issuing
an additional disconnection notice.
(j) Deferred payment plans and other alternate payment
arrangements.
(1) A deferred payment plan is an agreement between
the REP and a customer that allows a customer to pay an outstanding
balance in installments that extend beyond the due date of the current
bill. A deferred payment plan may be established in person, by telephone,
or online, but all deferred payment plans shall be confirmed in writing
by the REP in accordance with paragraph (5) of this subsection. Before
the REP applies a switch-hold to a customer on a deferred payment
plan, the REP shall provide a clear explanation of the switch-hold
process to the customer. The explanation shall inform the customer
as follows: "If you enter into this plan concerning your past due
amount, we 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 the total deferred balance. If we put a switch-hold
on your account, it will be removed after your deferred balance is
paid and 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."
(A) A REP shall offer a deferred payment plan to customers,
upon request, for bills that become due during an extreme weather
emergency, pursuant to §25.483(j) of this title.
(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;
Cont'd... |
