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base charge adder to be used by all electric utilities. Likewise, the commission
may, through the issuance of an order, establish fixed dollar charges for
components of the facilities recovery charge.
(E) Payment of switchover fee and other charges. Before the
connecting utility provides service, the disconnecting utility has the right
to receive payment of the switchover fee and any other outstanding charges.
The connecting utility shall not reimburse the consumer for the switchover
fee, and may pay the switchover fee only if the consumer agrees prior to the
connecting utility's payment of the fee that the consumer will reimburse the
connecting utility for the fee. The agreement must contain a plan for the
payment of the fee within a reasonable period of time.
(2) Procedure for full switchover.
(A) Notice of switchover fee and procedure. Upon receiving
a request for a full switchover, the disconnecting utility must provide the
consumer a document that quantifies the switchover fee within 15 working days.
This document must be in 12 point, non-bold type and must itemize the base
charge, base charge adder, and the facilities recovery charge of the switchover
fee. In addition, the document must itemize the components of the facilities
recovery charge, including a description of the idle facilities, the installation
dates of the idle facilities, the original cost of the idle facilities, the
accumulated depreciation associated with the idle facilities, the depreciation
rates used to calculate the accumulated depreciation, transportation charges
for removing the idle facilities, labor rates, labor hours for removing the
idle facilities, and the gross salvage value of the idle facilities. The document
must also state immediately below these itemizations, in bold, and in not
less than 12 point type: "(Disconnecting utility) may not impose a facilities
recovery charge under the circumstances described in Public Utility Commission
of Texas Substantive Rule §25.27(f)(1)(B)(i). On request, you will be
provided a copy of Rule §25.27."
(B) Sale of both common and idle facilities. If a group of
consumers request switchovers, the switchovers may necessitate that the connecting
utility acquire common and idle facilities in that case. Within 15 working
days of receipt of a request from the connecting utility, the disconnecting
utility must provide by fax and mail a detailed, reasonable estimate of replacement
cost less depreciation for the idle facilities and the common facilities used
to serve the consuming facilities to be switched, but not used to serve any
consuming facilities not being switched.
(C) Offer to purchase facilities. Within five working days
of receipt of an offer to purchase idle and/or common facilities under the
conditions described in paragraph (1)(B)(i) of this subsection, the disconnecting
utility must notify the connecting utility by fax, with copies by mail or
fax to the consumers, whether it accepts or rejects the offer. If the disconnecting
utility rejects the offer, it must also provide revised switchover fees that
delete the facilities recovery charges, at the same time that it provides
notice of rejection of the offer.
(D) Payment of switchover fee and outstanding balances. Until
the switchover fee and all outstanding balances are paid to the disconnecting
utility, neither the disconnecting utility nor the connecting utility is under
any obligation to take steps to make the switchover, and the connecting utility
must not provide service to the consuming facility being switched until it
receives notice from the disconnecting utility that the switchover can proceed.
The disconnecting utility must within the following deadlines from the receipt
of payment, notify the connecting utility by fax that the switchover can proceed:
two working days for payment by cash, money order, cashier's check, or, if
accepted by the disconnecting utility for bill payment, credit card, and five
working days for payment by personal check or other forms of payment.
(E) Deadline for full switchover. Once the disconnecting utility
notifies the connecting utility that the switchover can proceed and once the
connecting utility notifies the disconnecting utility by fax that the consumer
has satisfied the conditions for service from the connecting utility, the
switchover must be completed within ten working days unless the consumer agrees
to a longer schedule, good cause exists for the disconnecting utility not
being able to complete the switchover within ten working days, or the connecting
utility needs more time to install facilities, so long as the connecting utility
complies with the rules concerning responses to requests for service that
apply regardless of whether the request relates to a switchover. If the disconnecting
utility does not meet the deadline, then the disconnecting utility must notify
the consumer, with copies to the commission's Office of Customer Protection
and the connecting utility, providing the reasons why the switchover has been
delayed and when the switchover will be completed. This notice must be provided
as soon as possible, by fax to the commission's Office of Customer Protection,
the connecting utility and, if possible, the consumer.
(F) Consumer's failure to pay. The consumer may continue to
incur charges for retail electric service from the disconnecting utility after
the consumer pays the switchover fee and outstanding balances, and may have
an unfulfilled contractual obligation that requires future payment of charges
to the disconnecting utility. The disconnecting utility has the right to payment
of these charges consistent with §23.45 of this title (relating to Billing).
If the consumer has not paid the charges within the appropriate time, the
disconnecting utility may notify the connecting utility of the consumer's
failure to pay and request that the consumer be disconnected, and must at
the same time provide a copy of the notice to the consumer, by fax if possible.
Upon receipt of such notification and request and upon receipt from the disconnecting
utility of an agreement indemnifying the connecting utility from liability
for improper cause for disconnection of service, the connecting utility must
disconnect the consumer's service in compliance with the procedures in §23.46
of this title (relating to Discontinuance of Service). Immediately upon verification
of the consumer's correction of its failure, the disconnecting utility must
notify the connecting utility by fax that the consumer's failure has been
corrected, and the connecting utility must immediately reconnect service.
The connecting utility shall charge a switching customer any disconnection
or reconnection fee that applies to all disconnected customers, not just those
who have been disconnected pursuant to this subparagraph.
(g) Complaint concerning a switchover. A consumer complaint
to the commission concerning a switchover shall be handled according to §23.41(c)
of this title (relating to Customer Relations), with the following modification.
The commission will forward a complaint that it receives to both the disconnecting
utility and the connecting utility, and both utilities must provide an initial
response within the deadline specified in §23.41(c).
(h) Compliance tariff provisions. An electric utility that
has the right to serve in an area for which another utility also has the right
to provide retail electric service shall include in its tariff a section entitled
"Retail Electric Service Switchovers". Immediately below this title, the tariff
shall state: "A request to switch service to a consuming facility to another
utility that has the right to serve the facility shall be handled pursuant
to Public Utility Commission of Texas Substantive Rule §25.27, a copy
of which will be provided upon request." Immediately below this statement,
the tariff must specify the electric utility's base charge and base charge
adder. The electric utility's tariff shall not include any other information
addressing retail electric service switchovers.
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