26 Del. Admin. Code § 3013-8.0

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

Section 3013-8.0 - Community Energy Facility Contracts and Contract Summaries:

8.1 Only a community energy facility with a final certificate to operate may execute a contract for community energy facility credits with a subscriber.

8.2 Community energy facilities shall provide to prospective residential and small commercial subscribers a contract and contract summary in the same language used by the community energy facility or its agent to market, sell, or describe the contract terms. residential and small commercial contracts and contract summaries must:

8.2.1 Be printed in Times New Roman 12-point font; and

8.2.2 Have 1-inch margins on all sides and utilize reasonable numbering, lettering, line, and paragraph spacing.

8.3 A contract for residential or small commercial subscribers shall be written in clear and plain language and shall contain all material terms and conditions, including:

8.3.1 A list and description of the contract services;

8.3.2 The contract duration, expressed in months or years, or the disclosure that the contract is month-to-month;

8.3.3 A description of the price of each service, including the price of the subscription and the duration of the Introductory price, if applicable, and whether the price is subject to change over time;

8.3.4 A description of any other fees or charges, including but not limited to early termination penalties, late fees, fees to access the community energy facility's services, minimum monthly charges, enrollment fees, and interest charges; a description of the specific condition under which such fees or charges can be imposed; and the amount of such fees or charges or the method by which such fees or charges shall be computed;

8.3.5 A description of any other services provided to the subscribers as part of the contract;

8.3.6 If the community energy facility claims that subscribers will save money by entering into the contract, a description of any calculations and assumptions on which it relies to make this claim;

8.3.7 A statement regarding the rescission period that:

8.3.7.1 The subscriber may rescind the contract within 3 business days from the start of the rescission period; and

8.3.7.2 The rescission period begins on 1 of the following dates, as applicable;

8.3.7.2.1 When the subscriber signs the contract;

8.3.7.2.2 When the subscriber transmits the acceptance of the contract electronically; or

8.3.7.2.3 When the subscriber receives the contract and contract summary, if received by mail. There shall be a rebuttable presumption that a contract and contract summary correctly addressed to a subscriber with sufficient first-class postage attached shall be received 3 business days after it has been properly deposited in the United States mail; and

8.3.8 A statement that the actual number of credits could vary monthly and is dependent on the generation output of the community energy facility, if applicable;

8.3.9 A statement of the community energy facility's termination rights, which shall explain the specific conditions under which the community energy facility may terminate service. At a minimum, the community energy facility shall provide the subscriber at least 30 days' written notice of termination of the contract;

8.3.10 The community energy facility's local or toll-free telephone number to obtain information and handle complaints; its mailing address and website address; the Commission's address, website address, and Delaware toll-free telephone number; and the DPA's address, website address, and telephone number;

8.3.11 A statement informing the subscriber that, in the event of a relocation outside of Delmarva's service territory, they shall terminate their contract with no termination fee;

8.3.12 A statement that the community energy facility may terminate the contract prior to the stated term of the contract, including:

8.3.12.1 The circumstances under which early cancellation by the community energy facility may occur;

8.3.12.2 The manner in which the community energy facility shall notify the residential or small commercial subscriber of the early cancellation of the contract;

8.3.12.3 The duration of the notice period before early cancellation by the community energy facility; and

8.3.12.4 The remedies available to the residential or small commercial subscriber if early cancellation occurs;

8.3.13 A statement that the subscriber may terminate the contract prior to the stated term of the contract, including:

8.3.13.1 The manner in which the subscriber shall notify the community energy facility of the early cancellation of the contract;

8.3.13.2 The duration of the notice period before early cancellation;

8.3.13.3 The remedies available to the community energy facility if early cancellation occurs; and

8.3.13.4 The amount of any early cancellation fee;

8.3.14 A statement describing contract renewal procedures, if any, including the timing of the notices that the subscriber will receive prior to the renewal date;

8.3.15 All disclosures required by applicable laws and regulations that govern marketing, consumer protection, and door-to-door sales, including the Delaware Home Solicitation Sales Act, 6 Del.C. § 4401et seq;

8.3.16 If a community energy facility requires a security deposit from a subscriber:

8.3.16.1 The amount of the security deposit;

8.3.16.2 A description of when and under what circumstances the security deposit will be returned;

8.3.16.3 A description of how the security deposit may be used; and

8.3.16.4 A description of how the security deposit will be protected;

8.3.17 The data privacy policies of the community energy facility;

8.3.18 A statement that the community energy facility does not make representations or warranties concerning the tax implications of any bill credits provided to the subscriber; and

8.3.19 The method of providing notice to the subscribers when the community energy facility is out of service for more than 3 business days, including notice of the estimated duration of the outage and the estimated production that will be lost due to the outage.

8.4 A contract for residential subscribers or small commercial may not:

8.4.1 Provide the application of the law of any jurisdiction other than the United States and Delaware;

8.4.2 Except as permitted by Section 2 of the Federal Arbitration Act, 9 U.S.C. § 2, as amended, or the Delaware Uniform Arbitration Act, Chapter 57 of Title 10, contain a provision that modifies or limits otherwise available forums or procedural rights, including the right to trial by jury, that are generally available to the individual under applicable law;

8.4.3 Provide for a location of arbitration outside of the county of the residential subscriber's residence or the small commercial subscriber's location; or

8.4.4 Contain a provision that limits or releases the liability of the community energy facility for not performing the contract.

8.5 At the time of completion of the contracting process, a community energy facility shall provide the residential or small commercial subscriber with a copy of the executed contract and completed contract summary.

8.6 If a residential or small commercial contract is completed through the internet, the executed contract and completed contract summary shall be:

8.6.1 Made available for download by the subscriber at the time of contracting; and

8.6.2 Transmitted to the subscriber by the community energy facility by mail or by email if the subscriber consents to receipt of email disclosures.

8.7 If a residential or small commercial contract is completed in person, the executed contract and the completed contract summary shall be reviewed with the subscriber and provided to the subscriber in hard copy at the time of contracting, or electronically at the time of contracting if the subscriber consents to electronic disclosures.

8.8 A subscriber that wants to cancel a contract shall first attempt to cancel the contract according to the terms of the contract.

8.9 If a subscriber attempts to cancel a contract by contacting Delmarva first, Delmarva shall direct the subscriber to contact the community energy facility through the means detailed in the contract.

8.10 For residential and small commercial contracts with automatic renewal provisions, the community energy facility must provide subscribers with written notice of the pending renewal of a contract at least 30 days and no more than 60 days before the cancellation deadline pursuant to the automatic renewal provision and must otherwise comply with the requirements of 6 Del.C. § 2734. The community energy facility must retain records showing that the written notice was provided, including copies of the written notices, for at least 5 years.

8.11 The written notice to residential and small commercial subscribers required under subsection 8.10 shall:

8.11.1 Be printed in Times New Roman 12-point typeface or larger with 1-inch margins on all sides, and reasonable numbering, lettering, line and paragraph spacing;

8.11.2 In bold style font, inform the subscriber that the failure to respond to the written notice will result in the automatic renewal of the contract;

8.11.3 Inform the subscriber of any changes in the material terms and conditions of the expiring contract upon renewal, and include a copy of the proposed contract and contract summary; and

8.11.4 Inform the subscriber how to terminate the contract without penalty.

8.12 Record Retention. All community energy facilities shall retain a copy of the residential or small commercial subscriber's contract, contract summary, verification of enrollment, and the community energy facility's billing and payment history, for a period of 5 years after enrollment or termination of the contract, whichever is later.

26 Del. Admin. Code § 3013-8.0

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