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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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