| (C) Indicate if the customer has received, or when
the customer will receive copies of the terms of service, EFL, YRAC,
and, if applicable, PDS;
(D) Indicate the price(s) which the customer is agreeing
to pay;
(E) Indicate the date or estimated date of the re-enrollment,
the contract term, and the estimated start and end dates of contract
term;
(F) Affirmatively inquire whether the customer has
decided to enroll for service with the product, and contain the customer's
affirmative response; and
(G) Be entirely in plain, easily understood language,
in the language that the customer has chosen for communications.
(f) Terms of service document. The following information
must be conspicuously contained in the terms of service:
(1) Identity and contact information. The REP's certified
name and business name (dba) (if applicable), mailing address, e-mail
and Internet address (if applicable), certification number, and a
toll-free telephone number (with hours of operation and time-zone
reference).
(2) Pricing and payment arrangements.
(A) Description of the amount of any routine non-recurring
charges resulting from a move-in or switch that may be charged to
the customer, including but not limited to an out-of-cycle meter read,
and connection or reconnection fees;
(B) For small commercial customers, a description of
the demand charge and how it will be applied, if applicable;
(C) An itemization, including name and cost, of any
non-recurring charges for services that may be imposed on the customer
for the retail electric product, including an application fee, charges
for default in payment or late payment, and returned checks charges;
(D) A description of any collection fees or costs that
may be assessed to the customer by the REP and that cannot be quantified
in the terms of service; and
(E) A description of payment arrangements and bill
payment assistance programs offered by the REP.
(3) Deposits. If the REP requires deposits from its
customers:
(A) a description of the conditions that will trigger
a request for a deposit;
(B) the maximum amount of the deposit or the manner
in which the deposit amount will be determined;
(C) a statement that interest will be paid on the deposit
at the rate approved by the commission, and the conditions under which
the customer may obtain a refund of a deposit;
(D) an explanation of the conditions under which a
customer may establish satisfactory credit pursuant to §25.478
of this title (relating to Credit Requirements and Deposits); and
(E) if applicable, the customer's right to post a letter
of guarantee in lieu of a deposit pursuant to §25.478(i) of this
title.
(4) Rescission, Termination and Disconnection.
(A) In a conspicuous and separate paragraph or box:
(i) A description of the right of a customer, for switch
requests, to rescind service without fee or penalty of any kind within
three federal business days after receiving the terms of service,
pursuant to §25.474 of this title; and
(ii) Detailed instructions for rescinding service,
including the telephone number and, if available, facsimile number
or e-mail address that the customer may use to rescind service.
(B) A statement as to how service can be terminated
and any penalties that may apply;
(C) A statement of the customer's ability to terminate
service without penalty if the customer moves to another premises
and provides evidence that it is moving, if required, and a forwarding
address; and
(D) If the REP has disconnection authority, pursuant
to §25.483 of this title (relating to Disconnection of Service),
a statement that the REP may order disconnection of the customer for
non-payment.
(5) Antidiscrimination. A statement informing the customer
that the REP cannot deny service or require a prepayment or deposit
for service based on a customer's race, creed, color, national origin,
ancestry, sex, marital status, lawful source of income, level of income,
disability, familial status, location of a customer in a economically
distressed geographic area, or qualification for low income or energy
efficiency services. For residential customers, a statement informing
the customer that the REP cannot use a credit score, a credit history,
or utility payment data as the basis for determining the price for
electric service for a product with a contract term of 12 months or
less.
(6) Other terms. Any other material terms and conditions,
including exclusions, reservations, limitations of liability, or special
equipment requirements, that are a part of the contract for the retail
electric product.
(7) Contract expiration notice. For a term contract,
the terms of service must contain a statement informing the customer
that a contract expiration notice will be sent at least 14 days prior
to the end of the initial contract term. The terms of service must
also state that if the customer fails to take action to ensure the
continued receipt of retail electric service upon the contract's expiration,
the customer will continue to be served by the REP automatically pursuant
to a default renewal product, which must be a month-to-month product.
(8) A statement describing the conditions under which
the contract can change and the notice that will be provided if there
is a change.
(9) Version number. A REP must assign an identification
number to each version of its terms of service, and must publish the
number on the terms of service document.
(g) Electricity Facts Label. The EFL must be unique
for each product offered and must include the information required
in this subsection. Nothing in this subsection precludes a REP from
charging a price that is less than its EFL would otherwise provide.
(1) Identity and contact information. The REP's certified
name and business name (dba) (if applicable), mailing address, e-mail
and Internet address (if applicable), certification number, and a
toll-free telephone number (with hours of operation and time-zone
reference).
(2) Pricing disclosures. Pricing information must be
disclosed by a REP in an EFL. The EFL must state specifically whether
the product is a fixed rate or variable price product.
(A) For a fixed rate product, the EFL must provide
the total average price for electric service reflecting all recurring
charges, excluding state and local sales taxes, and reimbursement
for the state miscellaneous gross receipts tax, to the customer.
(B) For a variable price product, the EFL must provide
the total average price for electric service for the first billing
cycle reflecting all recurring charges, including any TDU charges
that may be passed through and excluding state and local sales taxes,
and reimbursement for the state miscellaneous gross receipts tax,
to the customer. Actual changes in TDU charges, changes to the ERCOT
or Texas Regional Entity administrative fees charge to loads or changes
resulting from federal, state or local laws or regulatory actions
that impose new or modified fees or costs on a REP that were not implemented
prior to the issuance of the EFL and were not included in the average
price calculation may be directly passed through to customers beginning
with the customer's first billing cycle.
(C) The total average price for electric service must
be expressed in cents per kilowatt hour, rounded to the nearest one-tenth
of one cent for the following usage levels:
(i) For residential customers, 500, 1,000 and 2,000
kilowatt hours per month; and
(ii) For small commercial customers, 1,500, 2,500,
and 3,500 kilowatt hours per month. If demand charges apply assume
a 30 percent load factor.
(D) If a REP combines the charges for retail electric
service with charges for any other product, the REP must:
(i) If the electric product is sold separately from
the other products, disclose the total price for electric service
separately from other products; and
(ii) If the REP does not permit a customer to purchase
the electric product without purchasing the other products or services,
state the total charges for all products and services as the price
of the total electric service. If the product has a one-time cost
up front, for the purposes of the average price calculation, the cost
of the product may be figured in over a 12-month period with 1/12
of the cost being attributed to a single month.
(E) The following must be included on the EFL for specific
product types:
Cont'd... |
