PROPOSED RULEMAKING
[52 PA. CODE CH. 54]
[28 Pa.B. 501] [L-970126]
Customer Information Disclosure for Electricity Providers The Pennsylvania Public Utility Commission (Commission) on November 6, 1997, adopted a proposed rulemaking to enable customers to make informed choices regarding the purchase of all electricity services offered by that electricity providers. The rulemaking will implement and codify this provision of the act. The contact persons are Annunciata E. Marino (717) 772-2152 and Terrence J. Buda, Assistant Counsel, Law Bureau (717) 787-5755.
Executive Summary
On December 3, 1996, Governor Tom Ridge signed into law 66 Pa.C.S. §§ 2801--2812 (relating to Electricity Generation Customer Choice and Competition Act) (act). The act revised the 66 Pa.C.S. (relating to Public Utility Code) by inter alia, adding Chapter 28, relating to restructuring of the electric utility industry. The purpose of the act is to permit customers their choice of electricity generation suppliers while maintaining reliable and safe electric service.
Section 2807(d)(2) of the act (relating to duties of electric distribution companies) requires the establishment of regulations ensuring that each electric distribution company, electricity supplier, marketer, aggregator and broker provide adequate and accurate customer information to enable customers to make informed choices regarding the purchase of all electricity services offered by that provider. The purpose of the regulation is to implement and codify this provision of the act.
Regulatory Rewiew
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on January 16, 1998, the Commission submitted a copy of these proposed regulations to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Consumer Affairs and the Senate Committee on Consumer Protection and Professional Licensure. In addition to submitting the proposed regulations, the Commission has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Commission in compliance with Executive Order 1996-1. A copy of this material is available to the public upon request.
If the Legislative Committees have objection to any portion of the proposed regulations, they will notify the Commission within 20 days of the close of the public comment period. If IRRC has objections to any portion of the proposed regulations, it will notify the Commission within 10 days of the close of the Legislative comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, by the Commission, the General Assembly and the Governor of any objections raised.
Public meeting held
November 6, 1997Commissioners Present: John M. Quain, Chairperson; Robert K. Bloom, Vice Chairperson; John Hanger; Statement follows; David W. Rolka; Nora Mead Brownell, Statement follows
Proposed Rulemaking Order By the Commission:
Introduction
On December 3, 1996, Governor Tom Ridge signed into law the ''Electricity Generation Customer Choice and Competition Act'' (act). The act revised the Public Utility Code, 66 Pa.C.S. §§ 101, et seq., by inter alia, adding Chapter 28, relating to restructuring of the electric utility industry. The purpose of the act is to permit customers their choice of electricity generation suppliers while maintaining reliable and safe electric service. See 66 Pa. C.S. §§ 2801--2812. The purpose of this rulemaking is to establish uniform procedures and standards for the provision of clear and adequate disclosure of customer information in the retail electricity industry.
Under section 2807(d)(2) of the act, Customer Information Provisions of the act, the Commission is required to establish regulations for each electric distribution company (EDC), electricity supplier, marketer, aggregator and broker (suppliers) to provide adequate and accurate customer information to enable customers to make informed choices regarding the purchase of all electricity services offered by that provider. The act states that ''information shall be provided to consumers in a clear and understandable format that enables consumers to compare prices and services on a uniform basis.'' See 66 Pa.C.S. § 2807(d)(2).
The elements addressed by this rulemaking are interrelated and are important aspects of communications between the EDC/supplier and customers, such as billing format, disclosure of terms of service and pricing practices, which are necessary to meet the requirements of the act. Decisions regarding utility and supplier interactions are being addressed in Commission Docket No. M-00960890.F0011, and those decisions regarding advanced meter deployment are being addressed in Commission Docket No. M-00960890.F0009.
Procedural Background
To facilitate the establishment of interim requirements prior to the promulgation of regulations, the Commission staff prepared the Discussion Document on Customer Information (Document) that was distributed to Electric Competition Stakeholders (stakeholders) on February 3, 1997. The Document presented questions which explored the various alternatives associated with customer information. Fourteen written comments were received in response to the Document, including: Patricia L. Bourne (private citizen); Enron Capital & Trade Resources (ENRON); the Environmentalists; Green Mountain Resources, Inc.; Industrial Energy Consumers of Pennsylvania (IECPA); Mid-Atlantic Independent Power Producers (MAIPP); New Energy Ventures (comments and supplement); Office of Consumer Advocate (OCA); Pennsylvania Coal Association; Pennsylvania Weatherization Task Force; QST Energy; Strategic Energy LTD.; University of Delaware; and Fred Wooley (PP&L Customer Service Representative and IBEW Local 1600 member).
In addition, to initiate a dialogue with the Stakeholders, a public forum was held on February 14, 1997. Over 65 individuals attended the forum. Presentations were delivered by Commission staff, the Office of Attorney General, ENRON, International Brotherhood of Electrical Workers' (IBEW) Local 1600, Pennsylvania Electric Association (PEA), New Energy Ventures Mid-Atlantic and the University of Delaware. At the forum, a Customer Information Working Group (Working Group) was established.
By order entered April 1, 1997, at Docket No. M-00960890.F0008, we requested comments concerning four primary customer information issues: (1) standards and pricing practices for retail electricity service; (2) data sharing; (3) marketing/sales activities; and (4) complaint process and dispute resolution. Twenty-seven additional outstanding issues for comment were also listed in this order. The order was distributed to all jurisdictional EDCs, the Office of Consumer Advocate, Office of Small Business Advocate and Electric Competition Legislative Stakeholders with a 31-day comment period. At the request of Stakeholders, the comment period was extended another 7 days, with a deadline of May 8, 1997. Written comments were received from 19 parties including: Appalachian-Pacific Coal Mine Methane Power Company LLC; Energy Coordinating Agency of Philadelphia, Inc.; ENRON; the Environmentalists; GPU Energy and GPU Advanced Resources; Green Mountain Energy Partners, L.L.C.; International Brotherhood of Electrical Workers' Pennsylvania Utility Caucus; Lebanon Methane Recovery, Inc.; New Energy Ventures-Mid Atlantic; Office of the Attorney General; Office of Consumer Advocate; Office of Trial Staff; PECO Energy; PEA; Pennsylvania Power Company; Pennsylvania Power & Light Company; QST Energy Inc.; UGI-Electric; and United States Environmental Protection Agency.
On April 16, 1997, the Working Group met to further clarify and discuss the outstanding issues listed in the April 1, 1997, order, as well as the additional issues raised in Commissioners Hanger and Rolka's statements attached to that order. Special presentations were also delivered on customer information needs by Ed Holt & Associates and American Energy Solutions, Inc. More than 35 individuals attended this Working Group meeting.
Considering the written comments of all parties and discussions of the Working Group, consensus was reached on most issues surrounding customer information needs in a restructured electric industry. These issues concerned standards and pricing practices for all customers, with more stringent requirements targeting only residential and small commercial customers. The requirements for residential and small commercial customers addressed the following: billing; terms of service/disclosure statement; energy use and efficiency information; supplier disclosure for pricing; marketing/sales activities; privacy of customer information; and the process for handling complaints. By order entered July 11, 1997, at Docket No. M-00960890.F0008, we issued Customer Information Interim Requirements, which outlines all of the above- named issues and summarizes the written comments received from our Request for Comments Order, entered April 1, 1997, at Docket No. M-00960890.F0008.
The Commission is particularly interested in receiving comments on certain issues. We recognize that transmission services provided by the EDC may be billed to the generation supplier under to the Federal Energy Regulatory Commission (FERC) practice. We are specifically interested in comments regarding transmission billing under § 54.4(b)(2)(ii) (relating to bill format--residential and small commercial customers) being applicable to suppliers.
We are interested in comments regarding information about renewable resources under § 54.5(e)(6)(v) (relating to terms of service--residential and small commercial customers) and whether use of general terms such as ''green'' can provide customers clear information. In addition, we are interested in receiving comments with respect to the appropriateness of the Federal Trade Commission (FTC) Guides for the Use of Environmental Marketing Claims. (See 16 CFR Part 260 (relating to guides for the use of environmental marketing claims)).
We are also interested in comments on the Commission's ''Consumer's Dictionary for Electric Competition'' (Dictionary) and ''A Short Glossary of Standard Terms for Customer Communications'' (Glossary). Commentators can request a copy of the Dictionary and Glossary from the Commission's Office of Communications.
Finally, we recognize the different viewpoints regarding the restriction of customer information. We are, therefore, interested in comments regarding privacy of customer information under § 54.9(a) (relating to privacy of customer service).
To fulfill our Legislative mandate to establish regulations for the provision of adequate and accurate customer information concerning the purchase of all electricity services in a competitive generation market, we propose to create regulations as set forth in Annex A, and establish customer information disclosure requirements for electricity providers. Accordingly, under 66 Pa.C.S. §§ 501, 504--506, 701, 1301, 1501 and 2807, and the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201--1208) and the regulations promulgated thereunder in 1 Pa. Code §§ 7.1--7.4, we shall issue for comment proposed Chapter 54; Therefore,
It Is Ordered that:
1. The proposed regulations for Chapter 54, Electricity Generation Customer Choice, as set forth in Annex A hereto, are issued for comment.
2. The Secretary shall duly certify this order and Annex A and deposit them with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Interested persons may submit an original and 15 copies of written comments to the Office of Prothonotary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, within 30 days from the date this order is published in the Pennsylvania Bulletin. A copy of written comments shall also be served on the Commission's Bureau of Conservation, Economics, and Energy Planning.
4. The Secretary shall submit this order and Annex A to the Office of Attorney General for approval as to legality.
5. The Secretary shall submit this order and Annex A to the Governor's Budget Office for review of fiscal impact.
6. The Secretary shall submit this order and Annex A for review by the designated standing committees of both Houses of the General Assembly, and for review and comment by IRRC.
7. A copy of this order and Annex A shall be served upon the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, all jurisdictional electric utilities, all parties of record and all Electric Competition Stakeholders.
JAMES J. MCNULTY
Acting Secretary
Statement of Commissioner John Hanger This important rulemaking is designed to help assure that customers have available the information necessary to make informed decisions concerning competitive generation.
The proposal requires that terms of service disclosure statements (provided after a customer has chosen the supplier) and customer bills for residential and small commercial customers contain a standard pricing unit for electricity in cents per kwh, kW or other Commission approved standard pricing unit. However, the proposed regulations do not require any particular equivalent disclosure of simple pricing units while a customer is still shopping for a supplier.
During the pilot programs, the Commission has encouraged suppliers to communicate prices in simple cents per kwh, but many suppliers have either not been willing or able to do so. At the same time, the Commission has received numerous questions and concerns about the usefulness of the pricing information provided. Certainly, residential and small commercial customers must have clear price information available.
Should the regulations require simple price per kwh or similar standard ways to market prices to the shopping customer? If so, should such information only be available upon request, or should it be required in certain listings, such as a webpage, or in any or all marketing materials?
I look forward to reading your comments on this issue.
Statement of Commissioner Nora Mead Brownell As we move forward with the restructuring of the electric industry into a competitive market place, we cannot forget that the goal of this change is improved service to the consumer. By service, I mean much more than price. Customer relations, as well as price, will be a determining factor in attracting new business.
One of the most crucial aspects of customer relations is the timely and effective provision of accurate information. The success, or failure, of all participants to convey accurate and understandable information to the public will have an immediate and direct impact on the public trust. It is that public trust which will judge how well all of the participants have met our commitments to this process.
It is also axiomatic that confusing or poor information will be bad for business. A consumer who receives confusing or poor information from a new supplier will more likely opt for the status quo rather than engage in the decision making process which will be required under competition. Similarly, a consumer who receives poor or confusing information from a current supplier will likely switch to a more customer friendly supplier.
I urge all concerned to carefully review these proposed regulations from the foregoing perspective and provide us with comments. I am specifically interested in comments regarding whether we should provide more stringent requirements for standard product/price comparisons to aid in consumer shopping. Examples such as a required price per kilowatt hour comparison should be discussed. In addition, I would like the parties to comment on whether there should be a specific provision for Commission review of marketing plans for generation suppliers.
The tremendous public response to the pilot programs has laid to rest any question of whether the public is interested in electric competition. Our task in this rulemaking is to ensure that information is conveyed to the public effectively and in a fashion that preserves the public trust as we move into the new era of competition.
Fiscal Note: 57-187. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 52. PUBLIC UTILITIES
PART I. PUBLIC UTILITY COMMISSION
Subpart C. FIXED SERVICE UTILITIES
CHAPTER 54. ELECTRICITY GENERATION CUSTOMER CHOICE
Subchapter A. CUSTOMER INFORMATION Sec.
54.1. Purpose. 54.2. Definitions. 54.3. Standards and pricing practices for retail electricity service. 54.4. Bill format--residential and small commercial customers. 54.5. Terms of service--residential and small commercial customers. 54.6. Energy use and efficiency information. 54.7. Supplier disclosure for pricing. 54.8. Marketing/sales activities. 54.9. Privacy of customer service. 54.10. Complaint handling process. § 54.1. Purpose.
The purpose of this subchapter is to require each EDC, electricity supplier, marketer, aggregator and broker to provide adequate and accurate customer information to enable customers to make informed choices regarding the purchase of all electricity services offered by that provider. Information shall be provided to customers in an understandable format that enables customers to compare prices and services on a uniform basis.
§ 54.2. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Basic services--Services necessary for the physical delivery of service, including generation, transmission and distribution. Transition services, although temporary in scope, are basic services (see the definition of transition charges).
CTC--competitive transition charge--The competitive transition charge as defined in 66 Pa.C.S. § 2803 (relating to definitions).
Commission--The Pennsylvania Public Utility Commission.
Customer--A customer as defined in 66 Pa.C.S. § 2803.
Customer information--Verbal or electronic formats used by EDCs or suppliers to communicate services and prices to customers.
Distribution charges--Basic service charges for delivering electricity to the home or business. These charges include basic service under § 56.15(4) (relating to billing information) and universal service.
EDIC--electric distribution company--The electric distribution company as defined in 66 Pa.C.S. § 2803.
Electricity supplier or supplier--Electricity supplier as defined in 66 Pa.C.S. § 2812(g) (relating to approval of transition bonds).
Generation charges--Basic service charges for the cost of electricity supply.
ITC--intangible transition charge--Charges designed to recover an EDC's transition or stranded costs, which are subject to special-purpose financing.
Nonbasic services--Recurring services which are distinctly separate and clearly not required for the physical delivery of electric service.
Renewable resources--Renewable resources as defined in 66 Pa.C.S. § 2803.
Small commercial--This term refers to a person, sole proprietorship, partnership, corporation, association or other business entity which employs fewer than 250 employes and which receives public utility service under a small commercial, small industrial or small business rate classification. See section 2 of the Small Business Advocate Act (73 P. S. § 399.42).
Terms of service--An agreement between a customer and a supplier.
Transition charges--Basic service charges comprised of a CTC and an ITC, designed to recover an electric utility's transition or stranded costs as approved by the Commission.
Transmission charges--Basic service charges for the cost of transporting electricity over high voltage wires from the generator to the distribution system of an EDC.
§ 54.3. Standards and pricing practices for retail electricity service.
In furnishing retail electricity service, EDCs and suppliers or any entity that otherwise provides retail electricity service information to customers, shall comply with the following:
(1) Use common and consistent terminology in customer communications, including marketing, billing and terms of service.
(i) Use the term ''EDC'' as defined in § 54.2 (relating to definition) as a standard term.
(ii) Use the terms as defined in the Commission's ''Consumer's Dictionary for Electric Competition'' (Dictionary), maintained on file in the Commission's Office of Communications. EDCs shall provide this Dictionary upon customer request, and the bill insert described in subparagraph (iii) shall indicate the phone number and address to request the Dictionary.
(iii) As long as an EDC is collecting transition charges, the EDC shall distribute as a bill insert at least once every 6 months, the Commission's ''A Short Glossary of Standard Terms for Customer Communications'' (Glossary). The Glossary will be maintained on file in the Commission's Office of Communications.
(2) Provide adequate disclosure of terms of service.
(3) Provide accurate pricing information that reflects the customer's true cost for service. Prices billed shall match advertised, promotional or agreed upon prices.
(4) Respond fully, accurately and promptly to customer inquiries and complaints.
(5) Comply with Commission regulations regarding standards for changing an electricity supplier.
§ 54.4. Bill format--residential and small commercial customers.
(a) Customer bills shall contain a standard pricing unit for electricity in cents per kWh, kW or other Commission approved standard pricing unit.
(b) The following requirements apply only to the extent to which an entity has responsibility for billing customers:
(1) Charges for basic services, nonbasic services and the overall billing total are permitted in the same bill, and each shall be distinctly separate and clearly labeled in the customer's bill.
(2) Basic services shall be unbundled as itemized charges:
(i) Generation charges.
(A) Charges for generation shall be first among the itemized service charges.
(B) Generation charges are a component of basic service, and customer choices for generation pricing options are permitted, for example, fixed price per kWh, time of day, demand, peak, offpeak, real time, and the like.
(ii) Transmission charges, if applicable.
(iii) Distribution charges.
(iv) Transition charges, if applicable.
(v) Total basic charges.
(3) The basic service charges in paragraph (2) shall appear on the first page of the customer bill.
(4) The basic service charges in paragraph (2) may not be further unbundled on the first page of the customer bill.
(5) The basic service charges listed in paragraph (2) may be itemized in a distinctly separate section of the bill.
(6) Nonbasic service charges are not listed in paragraph (2) and do not fit into the definition of ''charges'' as specified in § 56.13 (relating to separate billings for merchandise, appliances and nonrecurring services).
(7) Identical nonbasic services offered by different providers of nonbasic services are not required to have the same name. Providers of identical nonbasic services shall use similar definitions for these services as specified in paragraph (12) and § 54.5(f) (relating to terms of service--residential and small commercial customers).
(8) Charges for nonbasic services shall include a monthly total charge.
(9) Charges for nonbasic services shall be itemized on a customer's bill on a quarterly basis, at a minimum.
(10) The customer's bill for generation charges shall include the following electricity use data figures:
(i) The total annual electricity use for the past 12 months, including the current billing cycle, in kWh or kW or in another Commission approved standard pricing unit, which is a single cumulative number and not a graph such as a bar chart.
(ii) The average monthly electricity use for the past 12 months in kWh or kW or in another Commission approved standard pricing unit, which is simply the single cumulative number as determined in subparagraph (i) divided by 12 months.
(11) The requirements of § 56.15 (relating to billing information) shall be incorporated in customers' bills to the extent that they are applicable.
(12) Definitions for basic and nonbasic service charges and terms are required in a customer's bill and shall be distinctly separate and clearly labeled.
(13) The entity responsible for the billing of generation supply shall include a statement in the customer's bill whenever a change occurs in the terms of service or expiration date. That statement is:
''Your current electric generation terms of service expires on (expiration date). If you do not choose a new supplier, your current supplier shall continue to serve you. You shall receive new terms of service from your supplier.''This statement shall be provided to customers at intervals of 3, 2 and 1 billing cycles preceding the change or expiration date.
(14) ''For general information'' is the required title for customer contact information in a customer's bill.
(i) This information shall be clearly separate and distinctly labeled in the customer's bill.
(ii) The name, address, telephone number, Commission license number (supplier only) and internet address, if available, for the supplier and EDC shall be included.
(iii) The billing entity's information shall appear first and be clearly noticeable.
(15) The customer's bill shall include the following statements:
(i) ''Generation prices and charges are set by the electric generation supplier you have chosen.''
(ii) ''The Public Utility Commission regulates retail transmission and distribution prices and services.''
(16) If a customer chooses the option to receive two separate bills, the EDC shall include in a customer's bill the following information where the supplier charges would normally appear:
(i) The supplier's name.
(ii) A statement that the customer's electric generation supplier is responsible for the billing of supplier charges.
(17) If a customer chooses the option to receive a single bill from the EDC, the EDC shall include in the customer's bill the name of the supplier where the supplier charges appear.
(c) The Commission's Bureau of Consumer Services will review bill format for compliance with Chapter 56 (relating to standards and billing practices for residential utility service) upon the request of the billing entity and as part of its complaint and investigation process, when appropriate. In addition, the Commission may review bill format consistent with the plain language policy in § 69.251 (relating to plain language--statement of policy).
§ 54.5. Terms of service--residential and small commercial customers.
(a) The supplier shall provide the customer written disclosure of the terms of service whenever:
(1) The customer initiates service with the supplier.
(2) The customer receives service from a supplier of last resort at market rates.
(3) The terms of service change.
(b) Terms of service shall disclose material terms and conditions, including the following:
(1) The standard pricing unit in cents per kwh, kW or other Commission approved standard pricing unit.
(2) The variable pricing statement (if applicable) shall include:
(i) Conditions of variability (state on what basis prices will vary).
(ii) Limits on price variability.
(3) An itemization of basic and nonbasic charges distinctly separate and clearly labeled.
(4) The length of the agreement, which includes:
(i) Starting date.
(ii) Expiration date (if applicable).
(5) The clear explanation of sign-up bonuses, add-ons, limited time offers and exclusions (if applicable).
(6) The clear explanation of prices, terms and conditions for special services, such as advanced metering deployment (if applicable).
(7) The cancellation provisions (if applicable).
(8) The renewal provisions (if applicable).
(9) The name and telephone number of supplier of last resort.
(10) A statement that if the supplier of last resort changes, the customer shall be notified by the supplier of that change and the name, address and telephone number of the new supplier of last resort.
(11) A clear explanation of penalties, fees or exceptions, printed in type size larger than the type size appearing in the terms of service.
(12) Customer contact information that includes the name of the EDC and supplier, and the supplier's address, telephone number, Commission license number and internet address (if available). The supplier's information shall appear first and be noticeable.
(13) A statement that directs a customer to the Commission if the customer is not satisfied after discussing the terms of service with the supplier in paragraph (12).
(14) The name and telephone number for universal service program information.
(c) Customers shall be provided a 3-day right of rescission period following receipt of the disclosure statement.
(d) A supplier shall comply with § 54.10 (relating to complaint handling process). This requirement shall also be applicable for a supplier of last resort.
(e) Suppliers shall provide a written disclosure statement of energy sources, as follows:
(1) A graph of the most recent annual average percentage of electricity supplied or the anticipated mix, for example, coal 50%, natural gas 10%, oil 25%, nuclear 15%. If the supplier demonstrates to the Commission that providing customers with a graph of energy sources causes financial harm, a table shall be acceptable.
(2) A statement that the data is historic (if applicable) and future percentages may vary.
(3) If the supplier cannot identify the energy source of its supply, for example, the supply is purchased from a power pool, the supplier shall disclose the average energy mix or equivalent information from the relevant market and identify that market by name.
(4) If the supplier cannot identify or approximate the energy source, the supplier shall disclose this fact.
(5) Disclosure of energy sources shall be made upon customer inquiry, upon entering into agreements with new customers and as soon as possible when a significant change occurs in energy sources as specified in the terms of service with existing customers.
(6) In addition to paragraphs (1)--(5), suppliers shall comply with the following provisions whenever energy sources are marketed with special characteristics, such as ''produced in Pennsylvania'' or ''environmentally friendly,'' and the like:
(i) Claims shall be factually supported upon customer inquiry and in the terms of service.
(ii) The Commission shall be notified as soon as possible when a significant change occurs in energy sources as specified in the terms of service with existing customers or when representations cannot be met.
(iii) The terms of service shall indicate that the customer's electricity is mixed with electricity from other energy sources in the transmission and distribution systems.
(iv) Accounting for electricity supply shall match the supplier's claims to customers, and the supplier may not sell the designated energy sources multiple times.
(v) Reference shall be made to ''renewable resources'' as defined in 66 Pa.C.S. § 2803 (relating to definitions) in lieu of ''green'' or any representations to customers that energy sources benefit the environment. Terms of service shall state the specific renewable resource technology.
(f) Definitions for ''basic'' and ''nonbasic service'' charges and terms are required in a customer's terms of service and shall be distinctly separate and clearly labeled.
(g) If the supplier initiates a cancellation of a customer's open-ended terms of service, the supplier shall comply with the following for customer notification:
(1) Customers shall receive a 45-day advance written notice.
(2) The EDC shall receive a 45-day advance written notice.
(3) Notice shall include the ending date for supplier service.
(h) The supplier shall include in the customer's terms of service, the following statements:
(1) ''Generation prices and charges are set by the electric generation supplier you have chosen.''
(2) ''The Public Utility Commission regulates retail transmission and distribution prices and services.''
(i) Disclosure statements shall include the following customer notification:''If a fixed term agreement (if applicable) expires or whenever we change your terms of service, you will be notified by us on your bill for supply charges at intervals of 3, 2 and 1 billing cycles preceding the expiration date (ifapplicable) or effective date of the proposed changes.''§ 54.6. Energy use and efficiency information.
(a) At least twice annually EDCs shall provide residential and small commercial customers with information on specific means of using electricity more effectively and efficiently. Topics shall include insulation, lighting efficiency, appliance efficiency, conservation practices, load management techniques or other relevant technologies to advance customer understanding of cost-effective use of electricity.
(b) A Commission review will be conducted of the EDC's efforts to provide residential and small commercial customers with information to enable them to make informed decisions about the cost-effective, efficient use of electricity.
§ 54.7. Supplier disclosure for pricing.
(a) Residential and small commercial customers shall receive from suppliers, a written disclosure statement relating their current monthly cost for basic generation service to any new pricing agreement. The current monthly cost may be based on the customer's actual use, on an estimation of the customer's average monthly use or on another basis that reasonably compares the customer's current service to the actual terms of service being offered by the supplier.
(b) This pricing disclosure shall be required of suppliers prior to entering into agreements with new customers and at regular intervals preceding a proposed price change for existing customers, as specified in § 54.4(b)(13) (relating to bill format--residential and small commercial customers).
§ 54.8. Marketing/sales activities.
(a) Suppliers shall use plain language in compliance with § 69.251 (relating to plain language--statement of policy) in communications with residential and small commercial customers.
(b) Materials and marketing plans for residential and small commercial sales shall be made available upon request of the Commission.
(c) Suppliers shall comply with other provisions of this subchapter with respect to marketing and sales activities.
§ 54.9. Privacy of customer information.
(a) Residential and small commercial customers shall be notified and given the opportunity by suppliers and EDCs to restrict the release of private information. Specifically, a customer may restrict the release of either the following:
(1) The customer name, address and telephone number.
(2) The customer telephone number only.
(b) Customers shall be permitted to restrict information as specified in subsection (a) by returning a signed form or by telephone.
(c) Information pertaining to individual residential and small commercial customer load or usage profiles may not be released to a third party by the supplier or EDC without the express written consent of the customer.
(d) Residential and small commercial customers are entitled to request and receive at least one load profile a year from their EDC without cost. The load profile shall contain that information and analysis necessary to perform the scheduling and supply functions for the customer. Information and analysis beyond that necessary to perform scheduling and supply functions shall be made available to the customer at cost.
§ 54.10. Complaint handling process.
EDCs and suppliers shall implement the following with respect to the rights of consumers in the handling and resolution of complaints:
(1) Residential and small commercial customers shall directly contact the party responsible for the service in question as an initial step for complaint and problem resolution. If the customer contacts the supplier or EDC in error, the customer shall be promptly referred to the appropriate contact, if known. In the event of a power outage, the customer shall be directed to the EDC.
(2) Complaints that pertain to Chapter 56 (relating to standards and billing practices for residential utility service) matters shall be handled and resolved in accordance with the applicable standards in Chapter 56.
(3) EDCs and suppliers shall give the Commission access to terms of service, billing and other customer information resources for compliance reviews as deemed necessary by the Commission. When complaints arise and are brought before the Commission for resolution, the obligation of the supplier shall be extended to the provision of pricing information.
[Pa.B. Doc. No. 98-170. Filed for public inspection January 30, 1998, 9:00 a.m.]
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