26 Del. Admin. Code § 3001-8.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 3001-8.0 - Contract Renewal for Residential and Small Commercial Customers

8.1 An electric supplier shall provide residential customer or small commercial customers with written notice of the pending renewal of a contract 45 days before the end of the contract term is scheduled to occur.

8.2 The written notice required under subsection 8.1 shall:

8.2.1 Inform the residential customer or small commercial customer that the failure to respond to the written notice will result in the automatic renewal of the contract;

8.2.2 Inform the residential customer or small commercial customer of any changes in the material terms and conditions of the expiring contract upon renewal, and include a copy of the contract and contract summary;

8.2.3 Inform the residential customer or small commercial customer how to terminate the contract without penalty;

8.2.4 Inform the residential customer or small commercial customer that terminating the contract without selecting another electric supplier will return the residential customer or small commercial customer to SOS; and

8.2.5 For a fixed price contract that renews to a variable price contract, the electric supplier's written notice to residential customer or small commercial customers must:

8.2.5.1 Inform the residential customer or small commercial customer how to access the variable price for the next billing cycle in accordance with Section 7.0;

8.2.5.2 Explain the basis on which the variable price will vary and any limits on price variability;

8.2.5.2.1 If there is a limit on price variability, such as a specific price cap, a maximum percentage increase in variable price between billing cycles or minimum/maximum charges per kilowatt-hour for electricity during the term of the contract, the electric supplier shall clearly explain applicable limits.

8.2.5.2.2 If there is not a limit on price variability, the electric supplier shall clearly and conspicuously state that there is not a limit on how much the variable price may change from one billing cycle to the next.

8.2.6 If the electric supplier proposes to renew a fixed price contract with a variable price contract and the change to the variable price will be equal to or exceed 30% of the residential customer or small commercial customer's fixed price, the electric supplier shall provide written notice of the new variable price to the customer at least 12 days prior to the close of the customer's billing period.

8.2.7 An electric supplier shall maintain records that the written notices provided under this Section 8.0 were provided to its residential customer or small commercial customer.

26 Del. Admin. Code § 3001-8.0

27 DE Reg. 983 (6/1/2024) (Final)