Section Puc 2004.09 - Customer Authorization Required for Aggregators Granted Agency Authority(a) An aggregator shall not enter into an electricity supply contract on behalf of a customer, without first obtaining authorization from the customer or the customer representative consisting of the customer's grant of agency that meets the requirements of this section.(b) Each aggregator granted agency authority shall maintain records of verification of authorization by the customer or the customer representative for a minimum period of 2 years after obtaining the verification.(c) Authorization for grant of agency authority to an aggregator from the customer or the customer representative shall be obtained: (3) Through secure customer portal or other electronic on-line confirmation; or(4) Verbally, by recorded telephone conversation.(d) Authorization by the customer or the customer representative shall contain: (1) The customer's billing name and address;(2) The service address and account number or meter number that may be changed to a new supplier;(3) A statement in which the aggregator granted agency authority is identified by name; and(4) A statement that the customer or the customer representative is authorizing the aggregator to exercise agency authority to enter into an electricity supply contract on behalf of the customer.(e) Authorization from the customer or the customer representative obtained in writing, through e-mail, or through electronic on-line confirmation shall: (1) Not be combined with other materials sent to the customer;(2) Be a separate, plainly identifiable document, e-mail, or webpage;(3) Be written in plain language, and be legibly typed or printed and displayed in a font size no smaller than 12 point; and(4) Be signed by the customer or the customer representative by:a. Signature when providing authorization in writing;b. A check-box completed by the customer or the customer representative when providing authorization electronically; orc. An e-mail reply from the customer or the customer representative when providing authorization by e-mail.(f) The signature required in (e)(4) or the recorded verbal authorization required in (c)(4) above shall be immediately preceded by the following express confirmations when authorizing an aggregator to enter into a supply contract on behalf of a customer:(1) The customer or the customer representative is voluntarily authorizing the aggregator to enter a supply contract on behalf of the customer;(2) The customer or the customer representative understands that the aggregator will, and grants the aggregator agency to, enter into a supply contract on behalf of the customer;(3) The customer has received the terms and conditions of its agreement with the aggregator, to enter a supply contract on behalf of the customer;(4) The customer or the customer representative understands that, if the aggregator enters into a supply contract with a CEPS on behalf of the customer, the customer will no longer receive the electric assistance program (EAP) discount on the supply portion of the customer's electric bill; and(5) The customer or the customer representative understands that, if the aggregator has entered into a supply contract with a CEPS on behalf of the customer, the customer will receive terms and conditions of service from the CEPS, and the customer will have 5 business days to rescind the supply contract with the CEPS, when terms and conditions of service are received electronically, and 6 business days to rescind the supply contract with the CEPS, when the terms and conditions of service are sent by U.S. Mail, except that the applicable rescission period extends for an additional 5 business days for a residential customer enrolled through in-person solicitation at the customer's residence.(g) Verbal authorization recorded by telephone pursuant to (c)(4) above shall include a statement from the customer or the customer representative authorizing the aggregator to select a supplier for the customer, and a statement that the customer or the customer representative understands the supplier selected will, and authorizes the supplier selected to, contact the utility and change the customer's provider of electricity service.(h) An aggregator granted agency authority by a customer or customer representative in accordance with this section shall provide the commission with proof of valid authorization by the customer or the customer representative when requested by the commission.(i) An aggregator that fails to obtain valid authorization from a customer or customer representative granting agency authority to the aggregator in accordance with this section, and enters into a supply contract on behalf of a customer which results in a change in service to the customer shall: (1) Be liable for all charges billed to the customer as a result of the unauthorized change in service, subject to Puc 2004.20(g);(2) Be liable for all charges for electricity billed to the customer by the supplier selected by the aggregator, subject to Puc 2004.20(g); and(3) Be subject to sanctions and other enforcement provisions of Puc 2005.N.H. Admin. Code § Puc 2004.09
#7758, eff 9-4-02; ss by #9774-A, eff 8-26-10 (from Puc 2004.08 )
Amended by Volume XXXVII Number 37, Filed September 14, 2017, Proposed by #12372, Effective 11/1/2017, Expires 11/1/2027.