(C) Each residential bill for a variable price product
must include a statement informing the customer how to obtain information
about the price that will apply on the next bill.
(3) Notice of changes to terms and conditions. A REP
must provide written notice to its customers at least 14 days in advance
of the date that the change in the contract will be applied to the
customer's bill or take effect. Notice is not required for a change
that benefits the customer.
(4) Contents of the notice to change terms and conditions.
The notice must:
(A) be provided in or with the customer's bill or in
a separate document;
(B) include the following statement, "Important notice
regarding changes to your contract" clearly and conspicuously in the
notice;
(C) identify the change and the specific contract provisions
that address the change;
(D) clearly specify what actions the customer needs
to take if the customer does not accept the proposed changes to the
contract;
(E) state in bold lettering that if the new terms are
not acceptable to the customer, the customer may terminate the contract
and no termination penalty may apply for 14 days from the date that
the notice is sent to the customer but may apply if action is taken
after the 14 days have expired. No such statement is required if the
customer would not be subject to a termination penalty under any circumstances;
and
(F) state in bold lettering that establishing service
with another REP may take up to seven business days.
(e) Contract expiration and renewal offers.
(1) Notice Timeline for Expiration of a Fixed Rate
Product.
(A) For fixed rate products, the REP must provide the
customer with at least three written notices of the date the fixed
rate product will expire. The notices must be provided during the
last third of the fixed rate contract period and in intervals that
allow for, as practicable, even distribution of the notices throughout
the last third of the fixed rate contract period. For contracts with
a period of 12 months or longer, the first notice may be provided
up to three months prior to the contract end date. For fixed rate
contracts for a period:
(i) Of more than four months, the final notice must
be provided at least 30 days before the date the fixed rate contact
will expire.
(ii) Of four or fewer months, the final notice must
be provided at least 15 days before the date the fixed rate contract
will expire.
(iii) For a small commercial customer, the final notice
must be provided at least 14 days before the fixed rate contract will
expire.
(B) The notices must be provided to the customer by
mail at the customer's billing address, unless the customer has opted
to receive communications electronically from the REP.
(C) If a REP does not provide the required notice of
the expiration of a customer's fixed rate contract and the customer
does not select another retail electric product before expiration
of the fixed rate contract term, the REP must continue serving the
customer under the terms of the fixed rate contract until the REP
provides notice in accordance with applicable requirements of subsection
(e)(1)(A)(i) or (ii), or until the customer selects another retail
electric product.
(2) Contract Expiration.
(A) If a customer takes no action in response to the
final notice of contract expiration for the continued receipt of retail
electric service upon the contract's expiration, the REP must serve
the customer pursuant to a default renewal product that is a month-to-month
product that the customer may cancel at any time without a fee. The
month-to-month product price may vary between billing cycles based
on clear terms designed to be easily understood by the average customer.
(B) Written notice of contract expiration must be provided
in or with the customer's bill, or in a separate document.
(i) If notice is provided with a residential customer's
bill, the notice must be printed on a separate page. A statement must
be included in a manner readily visible on the outside of the envelope
sent to a residential customer's billing address by mail and in the
subject line on the e-mail (if the REP sends the notice by e-mail)
that states, "Contract Expiration Notice. See Enclosed."
(ii) If the notice is provided in or with a small commercial
customer's bill, the REP must include a statement in a manner readily
visible on the outside of the billing envelope or in the subject line
of an electronic bill that states, "Contract Expiration Notice" or
"Contract Expiration Notice. See Enclosed."; or
(iii) For residential and small commercial customers,
if notice is provided in a separate document, a statement must be
included in a manner readily visible on the outside of the envelope
and in the subject line of the e-mail (if customer has agreed to receive
official documents by e-mail) that states, "Contract Expiration Notice.
See Enclosed."
(C) A written notice of contract expiration (whether
with the bill or in a separate envelope) must set out the following:
(i) The date, in boldfaced and underlined text, as
provided for in subsection (c)(3)(B) of this section that the existing
contract will expire.
(ii) If the REP provided a calendar date as the end
date for the contract, a statement in bold lettering no smaller than
12 point font that no termination penalty must apply to residential
and small commercial customers 14 days prior to the date stated as
the expiration date in the notice. In addition, a description of any
fees or charges associated with the early termination of a residential
customer's fixed rate product that would apply before 14 days prior
to the date stated as the expiration date in the notice must be provided.
No such statements are required if the original contract did not contain
a termination fee.
(iii) If the REP defined the contract end date by reference
to the first meter read on or after a specific calendar date, a statement
in bold lettering no smaller than 12 point font that no termination
penalty applies to residential customers for 14 days prior to the
date provided as the "on or after" date included in connection with
the first meter read language referenced in the notice, or that no
termination penalty applies to small commercial customers for 14 days
prior to the contract end date. No such statement is required if the
original contract did not contain a termination fee.
(iv) A description of any renewal offers the REP chooses
to make available to the customer and the location of the terms of
service and EFL for each of those products and a description of actions
the customer needs to take to continue to receive service from the
REP under the terms of any of the described renewal offers and the
deadline by which actions must be taken.
(v) The final notice provided pursuant to subsection
(e)(2) must include a copy of the EFL for the default renewal product
if the customer takes no action or if the EFL is not included with
the contract expiration notice, the REP must provide the EFL to the
customer at least 14 days before the expiration of the contract using
the same delivery method as was used for the notice. The contract
expiration notice must specify how and when the EFL will be made available
to the customer.
(vi) The final notice provided pursuant to subsection
(e)(2) must include a statement that if the customer takes no action,
service to the customer will continue pursuant to the EFL for the
default renewal product that must be included as part of the notice
of contract expiration. The terms of service for the default renewal
product must be included as part of the notice, unless the terms of
service applicable to the customer's existing service also applies
to the default renewal product.
(vii) The final notice provided pursuant to subsection
(e)(2) must include a statement that the default service is month-to
month and may be cancelled at any time with no fee.
(3) Affirmative consent. A customer that is currently
receiving service from a REP may be re-enrolled with the REP for service
with the same product under which the customer is currently receiving
service, or a different product, by conducting an enrollment pursuant
to §25.474 of this title or by obtaining the customer's consent
in a recording, electronic document, or written letter of authorization
consistent with the requirements of this subsection. Affirmative consent
is not required when a REP serves the customer under a default renewal
product pursuant to paragraph (1) of this subsection. Each recording,
electronic document, or written consent form must:
(A) Indicate the customer's name, billing address,
service address (for small commercial customers, the ESI ID may be
used rather than the service address);
(B) Indicate the identification number of the terms
of service and EFL under which the customer will be served;
Cont'd... |