Section Puc 2004.07 - Disclosure by Aggregators(a) Prior to entering into an agreement to provide aggregation service to a customer, an aggregator shall:(1) Provide an explanation of fixed price supply and variable price supply service options;(2) Determine if the customer is interested in a fixed price or a variable price product; and(3) Provide the customer with its terms and conditions of service.(b) An aggregator shall request that each residential and small commercial customer specify the customer's preferred form of communication for receipt of information required under this chapter as one of the following: (2) Written correspondence delivered by U.S. mail; or(3) Text messaging for communications once the customer has engaged the aggregator, if text messaging communication is offered by the aggregator.(c) No agreement between an aggregator and a customer for aggregation services shall be valid until the aggregator has made the disclosure required by this section.(d) Each aggregator shall include the following in its terms of service: (1) The name, business address, telephone number, and e-mail address of the aggregator;(2) The names of any CEPS that is affiliated with the aggregator;(3) The names of any CEPS that is not legally affiliated with, but shares common management or ownership with the aggregator;(4) A statement whether the agreement with the aggregator authorizes the aggregator to enter into a supply contract with a CEPS on the customer's behalf and if authorization is with or without further communication with the customer;(5) An explanation that, if the customer or the customer representative authorizes the aggregator to enter into a supply contract on the customer's behalf and the customer or the customer representative subsequently chooses to enter into a supply contract directly with a CEPS, then the customer or the customer representative must notify the aggregator that the customer has entered into the contract and the aggregator receiving such notice shall not enter into a supply contract on behalf of the customer until the customer's supply contract with the CEPS has ended;(6) An explanation that, if the customer or the customer representative authorizes the aggregator to enter into a supply contract on the customer's behalf and the aggregator subsequently enters into a supply contract directly with a CEPS on the customer's behalf, the customer will receive a copy of such supply contract prior to the effective date of enrollment, and that the customer or the customer representative must take action to rescind the contract within the specified time if the customer does not agree to have the customer's electric service be supplied by the CEPS and billed at the CEPS's rates;(7) The criteria the aggregator will use when selecting a CEPS for the customer;(8) The duration of the aggregator's contract with the customer, including a statement that the customer has a right to change aggregators, subject to the terms of the contract;(9) An explanation that a customer may not employ the services of more than one aggregator granted agency authority at any given time;(10) Disclosure of any early termination fees, if applicable;(11) Any fees payable to the aggregator for which the customer will be responsible;(12) Whether the aggregator receives fees or compensation from a CEPS, through energy supply service rates or otherwise, for accounts it places with the CEPS;(13) The toll free telephone number of the commission's division that processes customer complaints and a statement that customers may contact the commission if they have questions about their rights and responsibilities; and(14) A statement that the aggregator shall not release confidential customer information, except as otherwise permitted under Puc 2004.19, without written authorization from the customer, along with a description of confidential customer information and any other information considered confidential by the aggregator or CEPS.(e) The disclosure statement required by this section shall be written in plain language and shall be legibly typed or printed in a font size no smaller than 12 point.(f) When an aggregator with agency authority enters into a supply contract with a CEPS on behalf of a residential or small commercial customer, the aggregator shall provide: (1) The terms and conditions of service for the supply contract with the CEPS;(2) Notice that the supply contract with the CEPS is valid unless the customer or the customer representative rescinds the contract with the CEPS for supply service by a specified date;(3) Notice that the customer or the customer representative can rescind the supply contract by contacting either: (4) Notice of the customer's right to rescind the supply contract required by Puc 2004.02(d)(14).N.H. Admin. Code § Puc 2004.07
#7758, eff 9-4-02; ss by #9774-A, eff 8-26-10 (from Puc 2004.06 )
Amended by Volume XXXVII Number 37, Filed September 14, 2017, Proposed by #12372, Effective 11/1/2017, Expires 11/1/2027.