815 R.I. Code R. 815-RICR-30-05-2.5

Current through December 3, 2024

Section 815-RICR-30-05-2.5 - Certain Customer Rights

A. An electric distribution company shall transfer a residential customer to the standard offer service rate not later than the next billing cycle after receipt of a request from a residential customer eligible for the standard offer service.

B. The electric distribution company shall not be liable for any contract termination fees that may be assessed by the nonregulated power producer.

C. An electric distribution company shall transfer a residential customer to the electric generation service rate of a nonregulated power producer not later than the next billing cycle after the electric distribution company receives from the nonregulated power producer a successful enrollment of such residential customer unless the notification is not received by the electric distribution company in accordance with its Commission-approved terms and conditions on file with the Division and Commission.

D. Notwithstanding any other provision of the Rhode Island General Laws, nothing shall prohibit a residential customer who moves from one dwelling to another dwelling within Rhode Island from immediately receiving electric generation service from a nonregulated power producer, provided such customer was receiving such service from a nonregulated power producer immediately prior to such move.

E. The electric distribution company shall include in its terms and conditions, subject to review and approval by the Commission, conditions for release of customer information to a nonregulated power producer.

F. Customer shall be entitled to any available individual information about their loads or usage at no cost.

G. Nonregulated power producers shall explain to residential customers in writing the material terms and conditions of the contract for electric generation services being consented to by the customer [consent to a contract for electric generation services shall be established as set out in § 2.5(H) of this Part, below]. This written explanation shall include each of the topics set out below in the order specified below; the topics shall be numbered as below and shall restate each topic description below, printed in boldface and underlined, as a heading. The written information provided by the nonregulated power producer may address additional topics if desired, but those additional topics shall follow the required topics set out below, and shall be numbered with appropriate topic headings. The specified information shall be provided to each customer or prospective customer.

1. A description of the rate the customer will be paying

2. Whether such rate is a fixed or variable rate.

3. The terms and expiration date of such rate.

4. Whether the contract will automatically renew. If the contract will renew automatically, the contract shall specify the date by which the customer must contact the nonregulated power producer if he or she seeks to disenroll at the end of the term to avoid extending service with the nonregulated power producer beyond the initial term of service. Such date must allow the nonregulated power producer to contact the applicable distribution company in sufficient time to switch the customer back prior to entry into the customer's next billing cycle, as set forth in the electric distribution company's tariff on file with the Division.

5. A notice describing the customer's right to cancel the service, including the right to schedule the cancellation of service on a date certain at any time during the contract period, as provided in this section. It shall also specify the conditions under which the nonregulated power producer may terminate the contract, and the notification rules for effecting such termination. Finally, this notice must advise the consumer that the nonregulated power producer may not physically cut off electric service to consumers.

6. Method by which a consumer may cancel service through the nonregulated power producer. While canceling by sending an email or by other electronic means may be acceptable, an additional method by which a consumer without internet access may cancel service must be provided, such as by mailing a letter, sending a facsimile transmission (fax)of a letter; or by making a telephone call with third-party verification.

7. Advise the consumer that the contract shall specifically guarantee the consumer that the nonregulated power producer shall enroll the consumer in a new service agreement, or shall terminate an existing consumer's service agreement in accordance with the terms of that service agreement, as appropriate, prior to the consumer's next bill read date so long as the request to enroll or disenroll has been made at least seven (7) calendar days in advance of the next bill read date.

8. Advise the consumer that the contract shall specifically guarantee the consumer that the nonregulated power producer shall, in the event that the consumer opts to return to the distribution company's standard offer service upon expiration of a service agreement with the nonregulated power producer, provide the consumer with written confirmation that it has received word of the customer's cancellation decision and has processed the request.

9. Dispute resolution process.

10. A statement that there may be a market adjustment charged or credited to the customer by [name of electric distribution company] on his or her last utility bill for which the customer is enrolled in standard offer service.

11. Amount of any fees or penalties that may be imposed, e.g., for late payments, bad checks, or early contract terminations.

12. Any deposits that may be required (including amount, interest rate, recovery, conditions for forfeiture).

13. Budget plan availability, if any.

14. Information on air emissions and resource mix of generation facilities operate by and under long-term contract to the nonregulated power producer.

15. The trade name of the nonregulated power producer.

16. The toll-free telephone number for customer service of the nonregulated power producer.

17. The internet website of the nonregulated power producer.

18. The toll-free number for customer complaints at the Division [(401) 780-9700].

19. The name, business phone number, business address, and email address of the person at the nonregulated power producer that agreed on the service contract terms with the customer.

H. On or after January 1, 2017, each nonregulated power producer shall, prior to initiation of electric generation services:

1. Provide the potential residential customer with a copy of the written description of services as discussed in § 2.5(G) of this Part; and,

2. Provide the potential commercial or industrial customer with a written notice describing the rates, information that complies with R.I. Gen. Laws § 39-26-9 and the Commission's rules governing energy source disclosure which may be amended from time to time, terms and conditions of the service, and a notice describing the customer's right to cancel the service, as provided in this section.

I. No nonregulated power producer shall provide electric services unless the customer has signed a service contract or consents to such services by one of the following:

1. An independent third-party telephone verification;

2. Receipt of a written confirmation received in the United States mail from the customer after the customer has received an information package confirming any telephone agreement;

3. The customer signs a contract that conforms with the provisions of this section; or,

4. The customer's consent is obtained through electronic means, including, but not limited to, a computer transaction.

J. Each nonregulated power producer shall provide each customer with a written contract, which contract may be provided in an electronic format, that conforms with the provisions of this section and maintain records of such signed service contract or consent to service for a period of not less than two (2) years from the date of expiration of such contract, which records shall be provided to the Division or the customer upon request.

K. Each contract for electric generation services shall contain:

1. All material terms of the agreement (each and every item set out in § 2.5(G) of this Part, above, is considered to be a "material term");

2. A clear and conspicuous statement explaining the rates that such customer will be paying, including the circumstances under which the rates may change;

3. A statement that provides specific directions to the customer as to how to compare the price terms in the contract to the customer's existing electric generation service charge on the electric bill and how long those rates are guaranteed;

4. Such contract shall also include a clear and conspicuous statement providing the customer's right to cancel such contract not later than three (3) days after signature or receipt in accordance with the provisions of this subsection, describing under what circumstances, if any, the supplier may terminate the contract and describing any penalty for early termination of such contract;

5. The method by which a customer may cancel service through the nonregulated power producer, including a method by which a customer without Internet access may cancel service; and,

6. Any other information which may hereafter be required by the Division.

L. Between thirty (30) and sixty (60) days, inclusive, prior to the expiration of a fixed price term for a residential customer, a nonregulated power producer shall provide a written notice to such customer of any change to the customer's electric generation price. Such residential customer shall select the method of written notice at the time the contract is signed or verified through third-party verification, as described in this section, by either indicating his or her choice in writing on a form provided for that purpose by the nonregulated power producer or, if the agreement is made orally with third-party verification, by indicating to the third-party verifier the method of written notice to be used by the nonregulated power producer. Such customer shall have the option to change the method of notification any time during the contract.

M. No nonregulated power producer shall charge a residential customer month-to-month variable rates for electric generation services following the expiration of a contract entered into after the effective date of this section without providing written notification to such residential customer forty-five (45) days prior to the commencement of such month-to-month variable rates. Such notice shall be made in writing and shall conform to the requirements set out above in this section for entering into the initial service contract. Such customer shall have the option to change the method of notification at any time during the contract.

N. No nonregulated power producer shall charge an electric generation service rate to a residential customer that is twenty-five percent (25%) more than the original contract price, or the last notification provided by the nonregulated power producer, without disclosing the rate change described in this section at least fifteen (15) days before it takes effect. Such disclosure shall be in writing and shall conform to the requirements set out above in this section for entering into the initial service contract.

O. No third-party agent may sell electric generation services on behalf of a nonregulated power producer unless the third-party agent is an employee or independent contractor of such nonregulated power producer, and the third-party agent has received appropriate training directly from such nonregulated power producer.

P. All sales and solicitations of electric generation services by a nonregulated power producer, aggregator, or agent of a nonregulated power producer or aggregator, to a customer conducted and consummated entirely by United States mail, door-to-door sale, telephone or other electronic means, during a scheduled appointment at the premises of a customer or at a fair, trade or business show, convention or exposition in addition to complying with the provisions of this section shall comply with all state and local laws and regulations.

Q. Any representative of a nonregulated power producer, aggregator, or agent of a nonregulated power producer or aggregator, shall prominently display or wear a photo identification badge stating the name of such person's employer or the nonregulated power producer the person represents and shall not wear apparel, carry equipment or distribute materials that includes the logo or emblem of an electric distribution company or contains any language suggesting a relationship that does not exist with an electric distribution company, government agency or other supplier.

R. No nonregulated power producer, aggregator, or agent of a nonregulated power producer or aggregator, shall advertise or disclose the price of electricity to mislead a reasonable person into believing that the electric generation services portion of the bill will be the total bill amount for the delivery of electricity to the customer's location, or make any statement, oral or written, suggesting a prospective customer is required to choose a supplier. When advertising or disclosing the price for electricity, the nonregulated power producer, aggregator, or agent of a nonregulated power producer, shall, on and after January 1, 2017, indicate, using at least a ten (10) point font size, in a conspicuous part of any advertisement or disclosure that includes an advertised price, the expiration of such advertised price, and any fixed or recurring charge, including, but not limited to, any minimum charge.

815 R.I. Code R. 815-RICR-30-05-2.5