| (4) The YRAC must provide information the REP has received
from the TDU pursuant to PURA §17.003(e) regarding the TDU's
procedures for implementing involuntary load shedding initiated by
the independent organization certified under PURA §39.151 for
the ERCOT power region, and, if applicable, where any additional details
regarding those procedures or relevant updates may be located. The
REP may fulfill this requirement by providing a website address with
the required information. Each TDU must develop such information and
resources by September 1, 2021 and make the website address where
such information can be viewed available to REPs. A REP may provide
this information at a website address other than the website addresses
made available by the TDUs. A TDU or other entity providing a website
address is required to update this information within 30 days of any
material change in the information.
(5) The YRAC document must inform the customer of the
customer's right to have the meter tested pursuant to §25.124
of this title (relating to Meter Testing), or in accordance with the
tariffs of a transmission and distribution utility, a municipally
owned utility, or an electric cooperative, as applicable, and the
REP's ability in all cases to make that request on behalf of the customer
by a standard electronic market transaction, and the customer's right
to be instructed on how to read the meter, if applicable.
(6) The YRAC document must inform the customer of the
availability of:
(A) Financial and energy assistance programs for residential
customers;
(B) Any special services such as readers or notices
in Braille or TTY;
(C) Special policies or programs available to residential
customers designated as chronic condition or critical care under §25.497
of this title and the procedure for a customer to apply to be considered
for such designations; and
(D) Any available discounts that may be offered by
the REP for qualified low-income residential customers. A REP may
comply with this requirement by providing the customer with instructions
for how to inquire about such discounts.
(7) The YRAC document must inform the customer of the
following customer rights and protections:
(A) Unauthorized switch protections applicable under §25.495
of this title (relating to Unauthorized Change of Retail Electric
Provider);
(B) The customer's right to dispute unauthorized charges
on the customer's bill as set forth in §25.481 of this title
(relating to Unauthorized Charges);
(C) Protections relating to disconnection of service
pursuant to §25.483 of this title;
(D) Non-English language requirements pursuant to §25.473
of this title (relating to Non-English Language Requirements);
(E) Availability of a Do Not Call List pursuant to §25.484
of this title (relating to Electric No-Call List) and §26.37
of this title (relating to Texas No-Call List); and
(F) Privacy rights regarding customer proprietary information
as provided by §25.472 of this title (relating to Privacy of
Customer Information).
(8) Identity and contact information. The REP's certified
name and business name (dba), certification number, mailing address,
e-mail and Internet address (if applicable), and a toll-free telephone
number (with hours of operation and time-zone reference) at which
the customer may obtain information concerning the product.
(i) Advertising claims. If a REP or aggregator advertises
or markets the specific benefits of a particular electric product,
the REP or aggregator must provide the name of the electric product
offered in the advertising or marketing materials to the commission
or its staff, upon request. All advertisements and marketing materials
distributed by or on behalf of a REP or aggregator must comply with
this section. REPs and aggregators are responsible for representations
to customers and prospective customers by employees or other agents
of the REP concerning retail electric service that are made through
advertising, marketing or other means.
(1) Print advertisements. Print advertisements and
marketing materials, including direct mail solicitations that make
any claims regarding price, savings, or environmental quality for
an electricity product of the REP compared to a product offered by
another REP must include the EFL of the REP making the claim. In lieu
of including an EFL, the following statement must be provided: "You
can obtain important standardized information that will allow you
to compare this product with other offers. Contact (name, telephone
number, and Internet address (if available) of the REP)." If the REPs
phone number or website address is included on the advertisement,
such phone number or website address is not required in the disclaimer
statement. Upon request, a REP must provide to the commission the
contract documents relating to a product being advertised and any
information used to develop or substantiate comparisons made in the
advertisement.
(2) Television, radio, and internet advertisements.
A REP must include the following statement in any television, Internet,
or radio advertisement that makes a specific claim about price, savings,
or environmental quality for an electricity product of the REP compared
to a product offered by another REP: "You can obtain important standardized
information that will allow you to compare this product with other
offers. Contact (name, telephone number and website (if available)
of the REP)." If the REPs phone number or website address is included
on the advertisement, such phone number or website address is not
required in the disclaimer statement. This statement is not required
for general statements regarding savings or environmental quality,
but must be provided if a specific price is included in the advertisement,
or if a specific statement about savings or environmental quality
compared to another REP is made. Upon request, a REP must provide
to the commission the contract documents relating to a product being
advertised and any information used to develop or substantiate comparisons
made in the advertisement.
(3) Outdoor advertisements. A REP must include, in
a font size and format that is legible to the intended audience, its
certified name or commission authorized business name, certification
number, telephone number and Internet address (if available).
(4) Renewable energy claims. A REP must authenticate
its sales of renewable energy in accordance with §25.476 of this
title (relating to Renewable and Green Energy Verification). If a
REP relies on supply contracts to authenticate its sales of renewable
energy, it must file a report with the commission, not later than
March 15 of each year demonstrating its compliance with this paragraph
and §25.476 of this title.
|
| Source Note: The provisions of this §25.475 adopted to be effective March 16, 2009, 34 TexReg 1806; amended to be effective April 1, 2010, 35 TexReg 221; amended to be effective May 13, 2018, 43 TexReg 3001; amended to be effective January 6, 2022, 46 TexReg 9242 |
