26 Del. Admin. Code § 3013-16.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 3013-16.0 - Complaint Procedures

16.1 Complaint procedures to be followed by the subscriber (or a broker acting on behalf of a subscriber)

16.1.1 A subscriber (or a broker acting on behalf of a subscriber) should first notify the community energy facility of their complaint.

16.1.2 If the community energy facility does not resolve the complaint, the subscriber (or a broker acting on behalf of a subscriber) may file an informal or formal complaint with the Commission pursuant to 26 DE Admin. Code 1001, subsections 2.2 and 2.3.

16.1.3 A broker acting on behalf of a subscriber must provide written proof to the Commission and the DPA, with a copy to the community energy facility, that it is authorized to act on the subscriber's behalf in order to file a complaint.

16.2 Complaint procedures to be followed by the community energy facility

16.2.1 The community energy facility shall use good faith efforts to respond to and resolve complaints.

16.2.2 The community energy facility shall investigate subscriber inquiries, disputes, and complaints concerning marketing, sales, billing, and collections practices. The community energy facility shall cooperate with the Commission, DPA, the Consumer Protection Unit, and other government agencies that are investigating complaints about marketing, sales, billing, or collections practices prohibited by State and Federal laws, and with local law enforcement officials that are investigating complaints about violations of local municipal law.

16.2.3 The community energy facility shall implement an internal process for responding to and resolving subscriber inquiries, disputes, and complaints. The process shall document as a record the subscriber inquiry, dispute, or complaint, subsequent communications between the community energy facility and the subscriber, and the resolution of the inquiry, dispute or complaint. The community energy facility shall retain the record for 5 years from the later of the date of resolution of the complaint or the date of last contact with the subscriber in a system capable of retrieving that record by subscriber name and account number or by other effective means to obtain access to the information.

16.2.4 If the subscriber and the community energy facility are not able to come to a resolution, the community energy facility will inform the subscriber that the subscriber may contact the DPA, the Consumer Protection Unit, or both.

16.2.5 In any complaint proceeding, the burden of proof shall be on the community energy facility to establish, if applicable, that its agents were adequately trained, and that the subscriber was enrolled in accordance with this regulation.

26 Del. Admin. Code § 3013-16.0

27 DE Reg. 987 (6/1/2024) (Final)