N.H. Admin. Code § Puc 3004.04

Current through Register No. 45, November 7, 2024

Section Puc 3004.04 - Transfer of Service by Competitive Natural Gas Suppliers

(a) A CNGS shall not submit a change on behalf of a customer in the customer's selection of a natural gas supplier without first obtaining authorization from the customer through one of the following means:

(1) The customer's written authorization in a form that meets the requirements of (f) below; or

(2) Verbal authorization from the customer as described in (c), (d), and (e) below and which is made in the same language as the underlying solicitation made to the customer.

(b) Each CNGS shall maintain records of verification of customer authorization for a minimum period of 2 years after obtaining the verification.

(c) Verbal authorization for the transfer of service shall be verified by a third party that:

(1) Is not owned, affiliated, managed, controlled, or directed by the CNGS or any marketing representative involved in the transaction;

(2) Has no financial incentive to confirm CNGS change orders for the CNGS or the CNGS's marketing representative;

(3) Obtains the customer's consent, as required by RSA 570-A, to the tape recording of the customer's authorization for a change in service; and

(4) Operates in a location physically separate from the CNGS and from the CNGS's marketing representative.

(d) The CNGS shall disclose to the commission the name, telephone number, and e-mail address of the person or entity acting as a third party verifier for purposes of (c) above.

(e) Verbal authorization verified by the independent third party shall consist of the following:

(1) A statement, made by the customer, providing the customer's name;

(2) Confirmation that the caller is the customer authorized to request the CNGS change;

(3) Confirmation that the customer wants to make the change in CNGS for the applicable service location;

(4) The name of the customer's current natural gas supplier for that service location;

(5) The name of the CNGS the customer wishes to select; and

(6) The service location and account number or meter number that the customer wishes to switch to the new CNGS.

(f) The written authorization referenced in (a)(1) above shall:

(1) Not be combined with other materials sent to the customer, including, but not limited to, checks or other inducements to change service;

(2) Be a separate plainly identifiable document, whether provided in tangible form, by electronic mail, or through a secure customer portal or other electronic online enrollment process;

(3) Contain the customer's billing name and address;

(4) Contain the account number(s) to be covered by the request for change in CNGS;

(5) Contain the service location and account number or meter number that is being changed to a new CNGS;

(6) Contain a statement that the customer is changing from the customer's current natural gas supplier to the new CNGS in which each supplier is identified by name;

(7) Be signed by the customer, which signature may be in electronic form; and

(8) Be written in plain language, and be legibly typed or printed in a font size no smaller than 12 point.

(g) When a customer's request for a change in CNGS is received over the telephone or by verbal request, the CNGS shall mail an information package to the customer within 3 business days of the customer's request.

(h) The information package described in (g) above shall include:

(1) A statement that the information is being sent to confirm the telephone order or verbal request;

(2) The name, address, and telephone number of the newly-requested CNGS; and

(3) The disclosure statement required pursuant to Puc 3004.02.

(i) Upon receipt of valid authorization from a customer, the CNGS shall notify the applicable LDC electronically or by other means, as required by the LDC, of the customer's request to switch service to the CNGS.

(j) No CNGS customer enrollment shall be deemed to have been consented to or deemed a valid request for service authorizing the CNGS to enroll the customer unless authorization has been obtained from the customer as required under this section. A CNGS shall provide the commission with proof of valid customer authorization whenever requested by the commission.

(k) A CNGS who fails to obtain customer authorization in accordance with this section and initiates a customer change in service with the LDC shall:

(1) Be liable for all charges billed to the customer by the LDC or any other party arising from the change in service;

(2) Be liable for all charges for supply it billed to the customer; and

(3) Be subject to the penalty and other enforcement provisions of Puc 3005.

(l) If a CNGS proposes to transfer or sell the right to serve any customer of the CNGS, or if the ultimate control of a CNGS is proposed to be transferred or sold as a result of a change of ownership of a majority of the ownership interests in such CNGS or in any entity owning, either directly or indirectly, the ownership interests in the CNGS, then prior to such proposed transfer or sale the CNGS shall:

(1) Provide notice to each affected customer pursuant to (m) below, as follows:

a. With the customer's billing statement;

b. By the original CNGS, not the proposed transferee or purchaser; and

c. Separately from promotional materials relating to services proposed to be provided by the proposed transferee or purchaser;

(2) Provide a copy of such notice to the commission and the LDC on whose system any such customers are served at the same time notice is sent to affected customers; and

(3) Ensure that the entity to which the customers will be transferred is registered as a CNGS pursuant to Puc 3003, if not already so registered.

(m) Not less than 30 days prior to the effective date of any transfer or sale described in (l) above, the CNGS proposing such transfer or sale shall provide clear and conspicuous written notice to each affected customer which includes:

(1) A brief description of the nature of the proposed transaction and the effective date of the proposed transaction;

(2) A statement that the customer may elect to terminate service from the CNGS and either enroll with a different CNGS or receive LDC sales service if such election is made within the timeframe established by the LDC's tariff, but only if:

a. The customer's contract with the CNGS provides the customer with the right to elect an alternate supplier or to terminate the contract with the CNGS and purchase supply from an LDC; or

b. The customer does not have a contract with the CNGS for a term that extends beyond the date of the proposed transaction;

(3) Notice of the latest date by which the customer, or a new CNGS supplying the customer, must notify the LDC of its election to receive LDC sales service or be supplied by the new CNGS, unless such change is not permitted under the customer's contract with the existing CNGS;

(4) Notice to any customer not previously subject to capacity assignment that, if the customer elects to take LDC sales service, the customer will become subject to capacity assignment if the customer later elects to purchase gas from a CNGS;

(5) Notice that if the customer is eligible to select an alternate CNGS or to purchase LDC sales service but fails to do so in the time provided, the customer will either be assigned to the proposed transferee or purchaser or remain with the existing CNGS, depending on the nature of the proposed transaction;

(6) The information required by Puc 3004.02(b) regarding the proposed transferee or purchaser;

(7) Notice of the amount of any charge that the customer will incur if it changes from its existing CNGS, whether to a new CNGS or to LDC sales service, in accordance with (2) above;

(8) Notice that if consummation of the transaction described in (1) above results in a charge by an LDC for a change in the identity of the customer's CNGS, the customer will not be liable for any such charge; and

(9) A clear statement of the information in a. or b. below, if the customer does not have a contract with the CNGS for a term that extends beyond the effective date of the proposed transaction:

a. Any differences between the rates, terms, and conditions of service provided to the customer by the CNGS and the rates, terms, and conditions of service to be provided to the customer by the proposed transferee or purchaser; or

b. Confirmation that the rates, terms, and conditions of service of the CNGS and the proposed transferee or purchaser are the same.

(n) If a CNGS undergoes any transaction described in (l) above, then within 60 days of receipt of information from an LDC regarding the customer's gas usage, the CNGS shall bill the customer for any amounts due or refund any amounts owed to the customer.

N.H. Admin. Code § Puc 3004.04

#7811, eff 12-28-02; ss by #9796-A, eff 9-25-10 (from Puc 3004.03 )

Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12757, Effective 6/1/2019, Expires 6/1/2029.