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(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.
(C) Energy Charge--A charge based on the electric energy
(kWh) consumed.
(5) Unless a shorter time period is specifically requested
by the customer, information provided must be for the most recent
12 months, or the longest period available if the customer has taken
prepaid service from the REP for less than 12 months.
(6) In accordance with §25.472(b)(1)(D) of this
title, a REP must provide a SUP to an energy assistance agency within
one business day of receipt of the agency's request, and must not
charge the agency for the SUP.
(i) Deferred payment plans. A deferred payment plan
for a customer taking prepaid service is an agreement between the
REP and a customer that requires a customer to pay a negative current
balance over time. A deferred payment plan may be established in person,
by telephone, or online, but all deferred payment plans must be confirmed
in writing by the REP to the customer.
(1) The REP must place a residential customer on a
deferred payment plan, at the customer's request:
(A) when the customer's current balance reflects a
negative balance of $50 or more during an extreme weather emergency,
as defined in §25.483(j)(1) of this title, if the customer makes
the request within one business day after the weather emergency has
ended; or
(B) during a state of disaster declared by the governor
pursuant to Texas Government Code §418.014 if the customer is
in an area covered by the declaration and the commission directs that
deferred payment plans be offered.
(2) The REP must offer a deferred payment plan to a
residential customer who has been underbilled by $50 or more for reasons
other than theft of service.
(3) The REP may offer a deferred payment plan to a
customer who has expressed an inability to pay.
(4) The deferred payment plan must include both the
negative current balance and the connection balance.
(5) The customer has the right to satisfy the deferred
payment plan before the prescribed time.
(6) The REP may require that:
(A) no more than 50% of each transaction amount be
applied towards the deferred payment plan; or
(B) an initial payment of no greater than 50% of the
amount due be made, with the remainder of the deferred amount paid
in installments. The REP must inform the customer of the right to
pay the remaining deferred balance by reducing the deferred balance
by five equal monthly installments. However, the customer can agree
to fewer or more frequent installments. The installments to repay
the deferred balance must be applied to the customer's account on
a specified day of each month.
(7) The REP may initiate disconnection of service if
the customer does not meet the terms of a deferred payment plan or
if the customer's current balance falls below the disconnection balance,
excluding the remaining deferred amount. However, the REP must not
initiate disconnection of service unless it has provided the customer
at least one day's notice that the customer has not met the terms
of the plan or, pursuant to subsection (c)(7)(D) of this section,
a timely notice that the customer's current balance was estimated
to fall below the disconnection balance, excluding the remaining deferred
amount.
(8) The REP may apply a switch-hold while the customer
is on a deferred payment plan.
(9) A copy of the deferred payment plan must be provided
to the customer.
(A) The plan must include a statement, in clear and
conspicuous type, that states, "If you have any questions regarding
the terms of this agreement, or if the agreement was made by telephone
and you believe this does not reflect your understanding of that agreement,
contact (insert name and contact number of REP)."
(B) If a switch-hold will apply, the plan must 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) If the customer and the REP's representative or
agent meet in person, the representative must read to the customer
the statement in subparagraph (A) of this paragraph and, if applicable,
the statement in subparagraph (B) of this paragraph.
(D) The plan may include a one-time penalty in accordance
with §25.480(c) of this title, but must not include a finance
charge.
(E) The plan must include the terms for payment of
deferred amounts, consistent with paragraph (6) of this subsection.
(F) The plan must state the total amount to be paid
under the plan.
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