| (D) the following statement: "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 REP's phone number or website
address is already included on the advertisement, the REP need not
repeat the phone number or website as part of this required statement.
The REP must provide the PDS and EFL to a person who requests standardized
information for the product.
(2) This paragraph applies to all advertisements and
marketing that include a specific price or cost conveyed through Internet
websites, direct mail, mass e-mails, and any other media not addressed
by paragraphs (1), (3), and (4) of this subsection. In addition to
meeting the requirements of §25.474(d)(7) of this title, a REP
must include the PDS and EFL on Internet websites and in direct mail,
mass e-mails, and any other media not addressed by paragraphs (1),
(3), and (4) of this subsection. For electronic communications, the
PDS and EFL may be provided through a hyperlink.
(3) This paragraph applies to outbound telephonic solicitations
initiated by the REP. A REP must disclose the following:
(A) information required by paragraph (1)(A)-(C) of
this subsection;
(B) when service may be disconnected, the disconnection
balance, and any non-TDU disconnection fees;
(C) the means by which the REP will communicate required
information; and
(D) the following statement: "You have the right to
review standardized documents before you sign up for this product."
The REP must provide the PDS and EFL to a person who requests standardized
information for the product.
(4) This paragraph applies to solicitations in person.
In addition to meeting the requirements of §25.474(e)(8) of this
title, before obtaining a signature from an applicant or customer
who is being enrolled in prepaid service, a REP must provide the applicant
or customer a reasonable opportunity to read the PDS.
(g) Landlord as customer of record. A REP offering
prepaid service to multiple tenants at a location may designate the
landlord as the customer of record for the purpose of transactions
with ERCOT and the TDU.
(1) For each ESI ID for which the REP chooses to designate
the landlord as the customer of record, the REP must provide to the
TDU the name, service and mailing addresses, and ESI ID, and keep
that information updated as required in the TDU's Tariff for Retail
Delivery Service.
(2) The REP must treat each end-use consumer as a customer
for purposes of this subchapter, including §25.471 of this title
(relating to General Provisions of Customer Protection Rules). Nothing
in this subsection affects a REP's responsibility to provide customer
billing contact information to ERCOT in the format required by ERCOT.
(h) Summary of usage and payment (SUP).
(1) A REP must provide a SUP to each customer upon
the customer's request within three business days of receipt of the
request. The SUP must be delivered by an electronic means of communications
that provides a downloadable and printable record of the SUP or, if
the customer requests, by the United States Postal Service. If a customer
requests a paper copy of the SUP, a REP may charge a fee for the SUP,
which must be specified in the terms of service and PDS provided to
the customer. For purposes of the SUP, a billing cycle must conform
to a calendar month.
(2) A SUP must include the following information:
(A) the certified name and address of the REP and the
number of the license issued to the REP by the commission;
(B) a toll-free telephone number, in bold-face type,
that the customer can call during specified hours for questions and
complaints to the REP about the SUP;
(C) the name, meter number, account number, ESI ID
of the customer, and the service address of the customer;
(D) the dates and amounts of payments made during the
period covered by the summary;
(E) a statement of the customer's consumption and charges
by calendar month during the period covered by the summary;
(F) an itemization of non-recurring charges, including
returned check fees and reconnection fees; and
(G) the average price for electric service for each
calendar month included in the SUP. The average price for electric
service must reflect the total of all fixed and variable recurring
charges, but not including state and local sales taxes, reimbursement
for the state miscellaneous gross receipts tax, and any nonrecurring
charges or credits, divided by the kilowatt-hour consumption, and
must be expressed as a cents per kilowatt-hour amount rounded to the
nearest one-tenth of one cent.
(3) If a REP separately identifies a charge defined
by one of the terms in this paragraph on the customer's SUP, then
the term in this paragraph must be used to identify the charge, and
such term and its definition must be easily located on the REP's website
and available to a customer free of charge upon request. Nothing in
the paragraph precludes a REP from aggregating TDU or REP charges.
For any TDU charge(s) listed in this paragraph, the amount billed
by the REP must not exceed the amount of the TDU charge(s). The label
for any TDU charge(s) may also identify the TDU that issued the charge(s).
A REP may use a different term than a defined term by adding or deleting
a suffix, adding the word "total" to a defined term, where appropriate,
changing the use of lower-case or capital letters or punctuation,
or using the acceptable abbreviation specified in this paragraph for
a defined term. If an abbreviation other than the acceptable abbreviation
is used for the term, then the term must also be identified on the
customer's SUP.
(A) Advanced metering charge--A charge assessed to
recover a TDU's charges for Advanced Metering Systems, to the extent
that they are not recovered in a TDU's standard metering charge. Acceptable
abbreviation: Advanced Meter.
(B) Competition Transition Charge--A charge assessed
to recover a TDU's charges for nonsecuritized costs associated with
the transition to competition. Acceptable abbreviation: Competition
Transition.
(C) Energy Efficiency Cost Recovery Factor--A charge
assessed to recover a TDU's costs for energy efficiency programs,
to the extent that the TDU charge is a separate charge exclusively
for that purpose that is approved by the Public Utility Commission.
Acceptable abbreviation: Energy Efficiency.
(D) Late Payment Penalty--A charge assessed for late
payment in accordance with Public Utility Commission rules.
(E) Meter Charge--A charge assessed to recover a TDU's
charges for metering a customer's consumption, to the extent that
the TDU charge is a separate charge exclusively for that purpose that
is approved by the Public Utility Commission.
(F) Miscellaneous Gross Receipts Tax Reimbursement--A
fee assessed to recover the miscellaneous gross receipts tax imposed
on retail electric providers operating in an incorporated city or
town having a population of more than 1,000. Acceptable abbreviation:
Gross Receipts Reimb.
(G) Nuclear Decommissioning Fee--A charge assessed
to recover a TDU's charges for decommissioning of nuclear generating
sites. Acceptable abbreviation: Nuclear Decommission.
(H) PUC Assessment--A fee assessed to recover the statutory
fee for administering the Public Utility Regulatory Act.
(I) Sales tax--Sales tax collected by authorized taxing
authorities, such as the state, cities and special purpose districts.
(J) TDU Delivery Charges--The total amounts assessed
by a TDU for the delivery of electricity to a customer over poles
and wires and other TDU facilities not including discretionary charges.
(K) Transmission Distribution Surcharges--One or more
TDU surcharge(s) on a customer's bill in any combination. Surcharges
include charges billed as tariff riders by the TDU. Acceptable abbreviation:
TDU Surcharges.
(L) Transition Charge--A charge assessed to recover
a TDU's charges for securitized costs associated with the transition
to competition.
(4) If the REP includes any of the following terms
in its SUP, the term must be applied in a manner consistent with the
definitions, and such term and its definition must be easily located
on the REP's website and available to a customer free of charge upon
request:
(A) Base Charge--A charge assessed during each billing
cycle of service without regard to the customer's demand or energy
consumption.
(B) Demand Charge--A charge based on the rate at which
electric energy is delivered to or by a system at a given instant,
or averaged over a designated period during the billing cycle.
Cont'd... |
