A.General ProtectionsAll competitive electricity providers, and third-party sales agents where applicable, must comply with the provisions of this subsection.
1.Customer AuthorizationCompetitive electricity providers must obtain a customer's authorization before providing service.
2.Customer InformationCompetitive electricity providers and third-party sales agents may not release to any other entity, other than for purposes of debt collection or credit reporting pursuant to state and federal law or to law enforcement agencies pursuant to lawful process, any personal information regarding a customer, including name, address, telephone number, usage and historical payment information, without the consent of the customer.
3.Trade PracticesCompetitive electricity providers and third-party sales agents must comply with the provisions of the Maine Unfair Trade Practices Act, Title 5, chapter 10 and related consumer protection statutes. Any finding by an entity of competent jurisdiction that a competitive electricity provider violated either the Maine or Federal Unfair Trade Practices Act is deemed to be a violation of this subsection.
4.Collection CostsCompetitive electricity providers may not collect or seek to collect unreasonable costs from a customer who is in default. For purposes of this provision, unreasonable costs are those in excess of actual out-of-pocket expenses incurred by the competitive electricity provider, including reasonable attorney fees and actual court costs.
5.Equal CreditCompetitive electricity providers must comply with all applicable provisions of the federal Equal Credit Opportunity Act, 15 United States Code, Sections 1691 to 1691f.
6.TelemarketingCompetitive electricity providers must comply with all federal and state laws, federal regulations and state rules regarding the prohibition or limitation of telemarketing. Competitive electricity providers must record and retain all outbound telemarketing calls to residential and small commercial customers for a period of two years from the date of recording.
7.Marketing of Electricity AttributesCompetitive electricity providers that market or promote electricity products on the basis that all or a percentage of the electricity provided have specified attributes, including but not limited to green, renewable, specified resource types and locations, must provide supporting documentation in the annual report filed pursuant to section 2(E) of this Chapter. For purposes of this provision, the documentation must be as follows:
a.ISO-NE Control Area. For service to customers in the ISO-NE control area, the competitive electricity provider must have GIS certificates in a Maine GIS-sub-account that reasonably corresponds to the usage of the customers provided the green electricity or renewable electricity product.b.Maritimes Control Area. For service to customers in Northern Maine, the competitive electricity provider must have market settlement data and other documentation that demonstrates the renewable resources used to serve load reasonably corresponds to the usage of the customers provided the green electricity or renewable electricity product. This information must document that the renewable attributes of the resources have not been used or transferred for any other purposes. This provision does not prohibit competitive electricity providers from marketing, promoting, or providing green or environmental products, such as renewable credits associated with resources that are not used to serve load in New England, as part of the provision of electricity services. The promotion of such products may not state or suggest that that the electricity actually used to serve the customer has the stated attributes. The competitive electricity provider must provide supporting documentation in the annual report filed pursuant to section 2(E) of this Chapter
8.Notice of Opt-Out Feea. Competitive electricity providers must, prior to enrolling a customer, provide notice to that customer of the existence of opt-out fees pursuant to Chapter 301 of the Commission rules that might apply if a customer commits to service from the competitive electricity provider. The notice must explain the opt-out fee and the actions that may result in the assessment of the fee. The competitive electricity provider must retain evidence that the required notice was provided to the customer, including the date upon which the notice was provided.b. This notice requirement is not applicable if the enrolling customer is not subject to an opt-out fee pursuant to Chapter 301, Section 2(C)(1).c. This notice must be provided in writing as set forth below: Your termination of standard offer service may require the payment of a fee, as required by Chapter 301 of the Commission's rules. This is a regulatory fee, and it is not imposed by competitive electricity providers. You are encouraged to review the applicability of Chapter 301 in advance of accepting service from a competitive electricity provider.
9.Commission Standards and RequirementsCompetitive electricity providers and third-party sales agents must comply with any other applicable standards or requirements established by the Commission by order or rule.
B.Small Customer ProtectionsIn addition to complying with subsection A, all competitive electricity providers and the third-party sales agents who conduct or arrange to conduct sales on their behalf, and that provide service to residential or small non-residential class customers must also comply with the provisions of this subsection. For purposes of determining the applicability of the provisions of this subsection, Competitive electricity providers must create a record documenting a customer's class status at the time of enrollment. The consumer protections provided to customers in this subsection cannot be waived by a customer or superseded by provisions in the Terms of Service document. Unless otherwise specified, the provisions of this subsection do not apply to aggregators or brokers. The provisions of this subsection do not apply to standard offer providers.
1.Disclosure Regarding Standard OfferBefore entering into an agreement to provide service, each competitive electricity provider must disclose in writing to the customer where the customer can obtain information with which to compare the service provided by the competitive electricity provider and the standard-offer service. The written comparison disclosure must include information regarding how a customer can obtain information about standard-offer service rates, including a link to the Commission's standard offer rates website page.
2. Disclosure and Limitations Regarding Door-to-Door Sales A competitive electricity provider must comply with all federal and state laws, federal regulations and state rules regarding the prohibition or limitation on door-to-door sales. Competitive electricity providers may not enter, or allow its agents or 3rd-party sales agents, to enter into any Terms of Service to provide service when that service is solicited using door-to-door sales without providing the customer with a written disclosure that meets the following requirements: a. A type size that is no less than 14 points;b. Contact information, including the telephone numbers for the competitive electricity provider, the Commission, and the Office of the Public Advocate;c. A telephone number and publicly accessible website where the consumer may obtain information on the current standard-offer service rate and expiration date and the publicly accessible website for electricity supply information available through the Office of the Public Advocate;d. Information regarding the consumer's right to rescind service;e. The registration number of the 3rd-party sales agent issued by the Commission and any transient seller's license number issued by the Department of Professional and Financial Regulation pursuant to Title 32, chapter 128, subchapter 2; andf. Any other information the Commission determines is necessary.3.Bill InformationThe supply bill for a customer that elects to receive generation service from a competitive electricity provider must contain the following:
a. The website address and telephone number of the Office of the Public Advocate where customers can access information that provides independent information that allows customers to compare terms, conditions, and rates of electricity supply.b. A statement that directs the customer to the competitive electricity provider for more information on the customer's Terms of Service, including its specific terms, and that provides the telephone number of the competitive electricity provider. For customers for whom a competitive electricity provider has elected consolidated utility billing pursuant to Chapter 322 of the Commission's rules, the foregoing information must be included on the consolidated bill by the transmission and distribution utility. For customers for whom a competitive electricity provider has elected provider billing under Chapter 322 of the Commission's rules, the foregoing information must be included by the competitive electricity provider on its bills to such customers.
4.Terms of Service Documenta.Obligations and responsibilities. Each competitive electricity provider must prepare a document entitled "Terms of Service" as described in this subsection. The Terms of Service document must be in plain language and printed in legible type and must contain all contractual obligations and responsibilities between the competitive electricity provider and the customer.b.Initiation of service. Each competitive electricity provider must provide to each customer the Terms of Service document within seven calendar days of agreeing to provide service with a customer. A competitive electricity provider may not enroll a customer until the Terms of Service document has been provided to the customer and the customer's statutory right of rescission has expired as set forth in this subsection. Competitive electricity providers must maintain sufficient records, either in writing or electronically, to demonstrate compliance with the issuance of the Terms of Service document, including the customer's right of rescission, prior to enrolling the customer. Competitive electricity providers must also maintain a copy of the applicable Terms of Service document and provide a copy to the customer or the Commission upon request.c.Webpage. Each competitive electricity provider must prominently display all effective Terms of Service documents on its webpage with an indication of the effective dates of each document. The Terms of Service document must be available and easily accessed on the webpage without any requirement that any personal customer-specific information be provided.d.Terms of Service Document ContentThe Terms of Service document must contain the following information:
(i) The pricing structure specifying whether the rates are fixed or variable;(ii) The term or length of service obligation of the competitive electricity provider and the customer, including the date upon which service will begin and whether the service obligation will automatically renew;(iii) Due dates of bills and consequences of late payment, including the amount of any late payment fee, interest, or finance charge assessed for late payment;(iv) Deposit requirements and interest on deposits;(v) Any fee associated with the early termination of service;(vi) Any Limits on warranty and damages;(vii) A disclosure of the customer's right of rescission of the contract without penalty, how this right may be exercised, and how to contact the provider orally, electronically or in writing to exercise this right;(viii) A market risk disclosure, if applicable, consistent with Section 4(E) of this Chapter;(ix) A toll-free number for customer complaints and the hours the customer can contract the provider for questions or complaints;(x) A generic description of the standard offer generation service;(xi) A statement on how a customer may contact the Commission to obtain information on consumer protection rights; and(xii) A standardized notice form, setting forth the requirements of the terms of service document. The Commission or the Director of Electric and Natural Gas Industries will by order specify the standardized form.5.Right of Rescissiona.General. Competitive electricity providers must provide a right of rescission to every customer. Competitive electricity providers must provide customers a minimum of five calendar days from receipt of the first bill or invoice from the competitive electricity provider to exercise the right of rescission.b.Oral Agreement. Competitive electricity providers must orally notify customers of their right of rescission at the time the customer orally agrees to purchase generation services from the provider.c.Exercise of Right of Rescission. A customer may rescind the selection of a competitive provider orally, in writing or by electronic means. A customer that exercises its right of rescission is responsible for paying the CEP bill prior to the rescission.d.Rescission Complaints. It is the obligation of the competitive electricity provider to maintain sufficient evidence of the notification of the right of rescission and whether the customer rescinded in writing, electronically or orally.6.Verification of Affirmative Customer Choicea.General. Each competitive electricity provider must obtain verification that each customer choosing that provider has affirmatively chosen such entity. No provider may enroll a customer without first obtaining evidence of the affirmative choice from the customer. The provider must retain this evidence for at least 12 months from the date that the customer's service is ended with the provider.b.Affirmative Choice. For the purposes of this subsection, the customer's affirmative choice may be evidenced by a customer-signed letter of authorization, third-party verification, or through electronic authorization. (i)Letter of authorization. For the purposes of this subsection, the term "letter of authorization" means an easily separable document whose sole purpose is to authorize a competitive electricity provider to initiate generation service for a customer or represent the customer for the purposes of selecting a provider on behalf of the customer. The letter of authorization must be signed and dated by the customer and must not be combined with a check, prize or other document which intends to confer any benefit on the customer as a result of the customer's selection of the provider. The document may be transmitted electronically by the customer to the provider if the provider maintains a security system sufficient to identify the customer and prevent fraudulent use of the letter of authorization by any person.(ii)Third-party verification. For the purposes of this section, the term "third-party verification" means an appropriately qualified and independent third party operating in a location physically separate from the telemarketing representative who has obtained the customer's oral authorization to change to a new provider. The authorization must include appropriate verification data, such as the customer's date of birth or other voluntarily submitted information; provided, however, any such information or data in the possession of the third party verifier or the marketing company may not be used, in any instance, for commercial or other marketing purposes, and may not be sold, delivered, or shared with any other party for such purposes.(iii)Electronic authorization. For purposes of this section, the term "electronic authorization" refers to a verification of agreement for service through electronic means. Competitive electricity providers must acknowledge receipt and confirmation of the customer's agreement to accept service within one business day. The confirmation may be provided to the customer by e-mail. An electronic copy of the confirmation e-mail must be retained by the competitive electricity provider.7.Minimum Service PeriodEach competitive electricity provider must offer generation service to each of its customers for a minimum period of 30 days.
8.Minimum Notice of Changes in Terms of ServiceEach competitive electricity provider must provide written notice to its customers between 30 and 60 calendar days in advance of any change in the customer's Terms of Service. Customers must affirmatively consent to continued service under the modified terms of service pursuant to the provision of section 4(B)(6) of this Chapter.
9.RenewalsIf a customer does not provide the express consent required by this section, the customer must be transferred to the standard-offer service.
a. Each competitive electricity provider must provide written notice to its customers two times between 30 and 60 calendar days in advance of a renewal of service. The two written notifications must be made electronically or by US Postal Service, but one of the notifications must be by US Postal Service. The words "contract renewal notice" must be included in bold at either the top of a paper notice or in the subject line for notices sent electronically. Copies of the two written notifications, either in hard copy or electronically, must be retained by the competitive electricity provider for at least 12 months from the date the second notice is sent. The renewal notices must include a standardized notice form, setting forth the requirements of the terms of service document upon renewal. The Commission or the Director of Electric and Natural Gas Industries will by order specify the standardized form.b. Terms of Service providing service at a fixed rate may automatically renew without the express consent of a customer at a fixed rate provided the term is not longer than the term of the expiring Terms of Service or 12 months, whichever is shorter. A competitive electricity provider may not, however, renew the Terms of Service at a fixed rate that is 20% or more above the rate of the expiring Terms of Service without the express consent of the customer obtained in accordance with subsection 4(B)(6).c. Terms of Service providing service at a fixed rate that will renew at an Indexed Variable Rate may automatically renew without the express consent of the customer obtained in accordance with subsection 4(B)(6), provided that the term of the renewed Terms of Service does not exceed the term of the currently existing Terms of Service or 12 months, whichever is shorter.d. Terms of Service providing service at a fixed rate that will renew at a Non-indexed Variable Rate may automatically renew only on a month-to-month basis.e. Terms of Service providing service at a variable rate that will renew at an Indexed Variable Rate may automatically renew without the express consent of the customer obtained in accordance with subsection 4(B)(6), provided that the duration of the renewed Terms of Service does not exceed the duration term of the currently existing Terms of Service or 12 months, whichever is shorter.f. Terms of Service providing service at a variable rate that will renew at a Non-indexed Variable Rate may automatically renew only on a month-to-month basis.g. Terms of Service providing service at a variable rate that will renew at a fixed rate may renew automatically without the express consent of the customer obtained in accordance with subsection 4(B)(6), provided the duration of renewed Terms of Service does not exceed the duration term of the currently existing Terms of Service or 12 months, whichever is shorter.10.Assignmentsa. Each competitive electricity provider must provide written notice to its customers between 30 and 60 calendar days in advance of any assignment of the service obligation to another competitive electricity provider if there is a change in the Terms of Service. If there is no change in the Terms of Service, then written notice must be provided to customers within 30 days after the assignment.b. The written notification must be made electronically or by US Postal Service. Unless a customer affirmatively consents to a change in the Terms of Service pursuant to the provision of section 4(B)(6) of this Chapter, the competitive electricity provider that is assigned the customer account must provide service in compliance with each customer's currently existing Terms of Service. A copy of the written notification, either in hard copy or electronically, must be retained by the competitive electricity provider for at least 12 months from the date the notice is sent. In the event that there is no change to the Terms of Service, customer consent is not required.11.Variable Rates and ChargesEach competitive electricity provider that offers and provides service with Indexed Variable Rate or Charge or Non-indexed Variable Rate or Charge:
a. Must clearly specify in the Terms of Service document and on its webpage the formula and/or market indices by which the Variable Rate or Charge will be calculated or disclose that there is none for a Nonindexed Variable Rate or Charge;b. Must clearly specify in the Terms of Service document and on the webpage whether there is any limit on how high the rates or charges may rise;c. Must provide on the webpage the Indexed Variable Rate or Charge that the formula and/or index would have produced over the immediately prior 12-month period;d. Must provide on the webpage the Non-indexed Variable Rate or Charge that would have been applicable over the immediately prior 12-month period; ande. For rates that are established prior to the billing period, the rates must be posted on the competitive electricity provider's website at least one week in advance of any change in the applicable rate or charge.12.Termination FeesTermination fees must be a fixed dollar amount, and may not be established by formula. Termination fees may not apply to customers whose Terms of Service provided for a month-to-month Indexed Variable Rate or Charge or Non-indexed Variable Rate or Charge. Competitive electricity providers may not impose a termination fee for any Terms of Service that was renewed without the express consent from the customer obtained in accordance with subsection 4(B)(6).
13.Promotional PracticesThis subsection applies to all competitive electricity providers, including aggregators and brokers.
a. A competitive electricity provider must not use fraudulent, coercive, or deceptive promotional practices.b. Any comparison of customer savings relative to standard offer service must not provide customer savings comparisons based on standard offer rates that will not be in effect during the same period of time as the rate that the customer would pay to the competitive electricity provider pursuant to the promotion.c. A competitive electricity provider or third-party sales agent, may not, in any way, state, suggest or imply any affiliation or association with a transmission and distribution utility, or that it is an alternative to a transmission and distribution utility, and it must clearly and conspicuously indicate on its website and promotional materials that it is not affiliated or associated with any transmission and distribution utility, and that it is not an alternative to any transmission and distribution utility. Upon contacting a customer by telephone, a competitive electricity provider or third-party sales agent must state the name of its company and the purpose of the call.14.Trade PracticesThis subsection applies to all competitive electricity providers, including aggregators and brokers. Competitive electricity providers may not engage in any unfair or deceptive act or practice that creates a likelihood of confusion or misunderstanding in connection with the offer for sale or the sale of electricity. By way of example and not of limitation, this prohibition includes the failure to make clear and conspicuous disclosures of the information required to be contained in the Terms of Service document, making statements susceptible to both a misleading and truthful interpretation, and making deceptive statements, even though the true facts are subsequently made known to the consumer. This provision does not affect unfair trade practices otherwise actionable at common law or under other statutes of Maine.
15.Door-to-Door SalesThis subsection applies to all competitive electricity providers, including aggregators and brokers. This subsection does not apply under circumstances where a customer or potential customer has agreed to meet in-person prior to the competitive electricity provider arriving at the customer's premises. All competitive electricity providers soliciting a potential customer in person at the customer's premises must:
a. Create a written log, including the full name or first name and associated identification number of the employee or agent, identifying the street address of each visited premises, retain the written log for at least 12 months after the date of the solicitation, and maintain the written log in a format amendable to electronic conveyance to the Commission upon request;b. Produce identification, to be visible at all times thereafter, which prominently displays in reasonable size type the full name of the competitive electricity provider and the full name of the employee or agent, or the first name of the employee, or agent together with an identification number, as well as the competitive electricity provider's telephone number for inquiries, verification, and complaints, and must leave behind written materials identifying the same information upon request of a potential customer;c. Clearly state that the employee or agent is not working for and is independent of the potential customer's transmission and distribution utility;d. State that if the potential customer purchases electricity from the competitive electricity provider, the potential customer's transmission and distribution utility will continue to deliver the potential customer's electricity and will respond to any outages or emergencies. This requirement may be fulfilled by an oral statement to the potential customer, or by written materials left with the potential customer;e. Terminate the in-person contact with the potential customer when it is apparent that the potential customer's language skills are insufficient to allow the potential customer to understand and respond to the information conveyed, or where the potential customer or another third party informs the competitive electricity provider, or its agent, of this circumstance;f. Require its employee or agent to ensure the third-party verification call, during which customer enrollment is confirmed, is not influenced by the employee or agent by, including but not necessarily limited to, remaining silent during the verification call.16.Cancellation of Servicea. Cancellation by a competitive electricity provider. Each competitive electricity provider must provide written notice to a customer at least 30 calendar days prior to cancellation of that customer's generation services due to a default of obligations in the Terms of Service document by the customer. Competitive electricity providers must provide the notice required by this subsection in a separate mailing or e-mail from the customer's bill. The notice must include the following information:
(i) The telephone number and hours of the competitive electricity provider's consumer contact staff;(ii) The reason for cancellation;(iii) Steps the customer can take to avoid cancellation, if any; and(iv) Notice of the existence of other providers, including standard offer service.b.Cancellation by customer. A customer can cancel service with a competitive electricity provider at any time. A cancellation of service does not release the customer of any obligations related to early termination fees that may apply pursuant to the Terms of Service. When a competitive electricity provider receives a request to cancel service from a customer, it must within two business days send an EDI transaction, pursuant to Chapter 323 of the Commission's rules, notifying the applicable transmission and distribution utility of the cancellation of service to the customer. Competitive electricity providers must take all necessary actions to effectuate a cancellation request from a customer.c.Standard Offer Service. A customer whose service from a competitive electricity provider is canceled and who does not select another competitive electricity provider will receive service from the standard offer.17.Generation Service Billsa.Content. Each bill for competitive generation service, including standard offer service, must provide the following information on the customer's billing statement: (i) Electricity consumption, including whether the consumption was based on actual recorded usage or estimated usage;(ii) The total charge for generation service for the current billing period;(iii) The actual cents per kWh charged to the customer for the customer's usage of electricity for the current billing period, calculated by dividing the total charge for generation service by the customer's usage for the current billing period;(iv) An itemized list of each service or product billed by the provider to the customer for the current billing period;(v) The amount of any payment or other credit applied to the customer's outstanding balance for generation service during the billing period;(vi) The total amount in arrears owed by the customer, consistent with the requirements of consolidated utility billing pursuant to Chapter 322 of the Commission rules;(vii) The due date by which payment must be made to avoid late payment fees or other collection action by the provider; and(viii) The total amount owed by the customer, including the amount in arrears for generation service and the amount owed for the current billing period, consistent with the requirements of consolidated utility billing pursuant to Chapter 322 of the Commission rules.b.Combined bill. If the customer's bill for generation service is combined on the same bill with regulated charges for transmission and distribution services, the charges associated with competitive services must be separately identified and disclosed as required in this subsection. The billing entity must either provide generation service charges on a separate page from regulated charges or separate the generation service charges graphically from the rest of the bill.18.Application for Service; Denial of Credita.Written procedures; prohibition on discrimination. Each competitive electricity provider must adopt written procedures to guide its evaluation of applications for service from prospective customers and may not discriminate in the provision of electricity as to availability and terms of service based on race, color, religion, national origin, sex, marital status, age, receipt of public assistance income, or the exercise of rights under state or federal consumer protection laws.b.Written denial of service. A provider who denies service to a consumer based on consumer-specific information obtained by the provider during the application process must inform the consumer in writing of the reason for the denial. This disclosure may be combined with any disclosures required by applicable federal or state law. This disclosure is not required when the provider notifies the customer orally that the customer is not located in a geographic area served by the provider, does not have the type of usage characteristics that is served by the provider, or is not part of a customer class served by the provider.c.Customer complaint. A customer complaint relating to the denial of service pursuant to state or federal equal credit opportunity laws will be coordinated with the Maine Office of the Attorney General. A competitive electricity provider must provide the Commission written notice in the Commission's electronic case management system's docket for the competitive electricity provider within 30 days of any decision or order by an entity of competent jurisdiction that the competitive electricity provider violated the Maine Human Rights Act, 5 M.R.S. Chapter 337, or the Federal Equal Credit Opportunity Act, 15 U.S.C. §§ 1691- 1691f.19.Dispute Resolution and Complaint ProcedureThis subsection applies to all competitive electricity providers, including aggregators and brokers, and third-party sales agents. The Commission or the Consumer Assistance and Safety Division will resolve disputes among competitive electricity providers, including their third-party sales agents, and retail consumers of electricity regarding the provisions of this Chapter, other Commission rules, and statutory provisions regarding competitive electricity provider activities and service according to the following procedures:
a.Provider Employee Available. Each competitive electricity provider must provide at least one employee (whose duties need not be limited to this obligation) during business hours to respond to questions and resolve complaints from customers and applicants, and to work with the Commission on complaint resolution. If a competitive electricity provider is not able to provide a real time response to the customer or applicant, it must respond no later than within 48 hours of the contact or, if the contact is received after 5:00 p.m. on a Friday, a competitive electricity provider must respond no later than the following business day by noon. A competitive electricity provider must provide customers with the option of leaving a telephone message when the competitive electricity provider is not able to answer the phone in-person.b.Provider Investigation. When a competitive electricity provider becomes aware of a complaint by a customer or applicant, the provider must:(i) investigate the complaint, preserving the record of the substance and results of the investigation;(ii) report the results of its investigation to the customer; and(iii) attempt in good faith to resolve the complaint.c.Notification of Right to File a Complaint with the Consumer Assistance and Safety Division. If the competitive electricity provider cannot resolve the dispute with the customer after the procedures in paragraph 2 are completed, the provider must orally inform the customer of his or her right to file a complaint with the Commission's Consumer Assistance and Safety Division and of the toll free telephone number of the Commission.d.Investigation by the Consumer Assistance and Safety Division; Appeal to the Commission. All complaints brought to the Consumer Assistance and Safety Division against a competitive electricity provider will follow the procedures set forth in Chapter 815, section 13(H). Each competitive electricity provider must respond to any inquiry or request for information from the Consumer Assistance and Safety Division within the timeframe specified in Chapter 815, section 13(H). Each competitive electricity provider must respond to a Consumer Assistance and Safety Division contact no later than within 48 hours of the contact.e.Procedure for Resolving Customer Service Verification Complaints(i)Complaint. Any person may file a complaint with the Consumer Assistance and Safety Division stating that a competitive electricity provider has transferred the customer to its service without the customer's authorization required section 4(B)(6) of this Chapter.(ii)Timing. Within 10 business days of filing the complaint, the Consumer Assistance and Safety Division will request from the customer: a copy of the customer's bill or notice that included the information regarding the initiation of generation service; the name of the original provider; and any other information the Consumer Assistance and Safety Division determines to be relevant. The Consumer Assistance and Safety Division will request that the customer, within 15 business days of the Consumer Assistance and Safety Division notification, respond to the Consumer Assistance and Safety Division's request for information.(iii)Request for information. The Consumer Assistance and Safety Division will inform the transmission and distribution utility and original competitive electricity provider of the pending complaint and request that information relevant to the initiation of generation service be furnished.(iv)Request for evidence. The Consumer Assistance and Safety Division will notify the new competitive electricity provider of the pending complaint and request evidence of the customer's affirmative choice to initiate generation service as provided for in this subsection, and any additional information the Consumer Assistance and Safety Division determines to be relevant.(v)Provision of information. The transmission and distribution utility, the original competitive electricity provider and the new competitive electricity provider must respond to the Consumer Assistance and Safety Division's request within five business days from the issuance of the requests.(vi)Determination. Within 30 days after receiving evidence of the customer's affirmative choice and all relevant information, the Consumer Assistance and Safety Division will determine if the customer authorized the new competitive electricity provider to initiate generation service.(vii)Refunds. If the Consumer Assistance and Safety Division determines that the new competitive electricity provider does not possess the required evidence of the customer's affirmative choice as provided for in section 4(B)(6) of this Chapter and that the customer made an initial complaint within 75 days after the statement date of a bill containing charges from the new provider or notice indicating that the unauthorized transferred has occurred, the Consumer Assistance and Safety Division will require the new provider to refund to the customer, any charges already paid to the new provider and any reasonable expense the customer incurred in switching back to the original provider.C.Representatives and AgentsFor purposes of this section, the obligations and requirements of a competitive electricity provider apply to representatives or agents, including any third-party sales agents, who act on behalf of a competitive electricity provider. Competitive electricity providers are subject to liability to the full extent authorized under this Chapter and Title 35-A for the violations of their representatives or agents, including third-party sales agents, acting on their behalf.
E.Market Risk Disclosure1.ApplicabilityThis subsection applies to all competitive electricity providers, including aggregators and brokers, that are offering to provide or arrange for an electricity product in which the price to the customer varies with changes in energy prices or an energy price index.
2.Disclosure RequirementAll competitive electricity providers must provide a written disclosure to customers of the market risks associated with their electricity products prior to or at the time the customer agrees to take generation service from the competitive electricity provider.
3.Disclosure LanguageThe Commission or the Director of Electric and Natural Gas Industries will by order specify the language competitive electricity providers must use in the market risk disclosure statement. A competitive electricity provider may request approval to use alternative language. Approval of alternative language pursuant to this provision is delegated to the Director of Electric and Natural Gas Industries.
4.DistributionCompetitive electricity providers must provide the market risk disclosure statement as a provision in the contract for service or Terms of Service document, as applicable:
a. As a provision in the contract for service with the customer acknowledging the provision by signature or initials; orb. On a document separate from the contract containing only the market risk disclosure statement.