N.J. Admin. Code § 14:4-2.3

Current through Register Vol. 56, No. 9, May 6, 2024

Section 14:4-2.3 - Change order required for switch

(a) No TPS shall submit a change order to an LDC, unless the change order complies with this subchapter.

(b) To comply with this subchapter, a change order shall meet all of the following requirements:

1. The change order shall be transmitted from the TPS to the LDC through an Electronic Data Interchange (EDI) transaction, or through another electronic information exchange system with equivalent speed and security. Information on EDI may be found at the Board's website at http://www.nj.gov/bpu/about/divisions/energy/edi.html; and

2. The change order shall demonstrate, through compliance with the verification requirements at (c) below, that the customer has authorized the switch affirmatively and voluntarily.

(c) The change order shall be verified through one of the following:

1. Documentation that the switch occurred pursuant to an opt-out municipal aggregation program established in accordance with N.J.A.C. 14:4-6;

2. An audio recording made by an independent third party or by a TPS of a customer agreeing to the switch verbally on a telephone call. The questions and statements of the independent third party or the TPS may be recorded or electronic. However, all customer responses shall be made verbally in real time. The verification shall:

i. Include a statement by the customer of record, or person authorized to make the switch, of their first name, last name and the account service address;

ii. Verify that the person speaking is the customer of record, or is authorized to make the switch;

iii. Indicate the date of the recording;

iv. Confirm that the person speaking voluntarily wishes to make the switch;

v. Identify the name of the TPS to which the customer is switching;

vi. Indicate the customer's LDC account number and the type of service to be switched;

vii. State the price per kwh or therm, whether the price is fixed for a period of time or variable, and if fixed, for what period of time;

viii. The amount of any cancellation fees and/or any other charges not included in the per unit price under (c)2vii above; and

ix. Include a recording of the entire duration of the call, from the first contact with the customer to the disconnection of the call. This requirement may be waived with the customer's consent;

3. A signature in ink on a paper form, showing that the customer voluntarily authorized the switch. This form shall:

i. Identify the customer;

ii. Verify that the signatory is the customer of record or is authorized to make the switch;

iii. Indicate the date upon which the document was signed;

iv. Confirm that the signatory voluntarily wishes to make the TPS switch;

v. Identify the name of the TPS to which the customer is switching;

vi. Indicate the account number of the LDC and the type of service to be switched; and

vii. Include a statement that the customer acknowledges receipt of a copy of the terms and conditions of service; or

4. An electronic record of an internet transaction that meets the requirements at 14:4-2.5.

(d) If a customer is switching both electric power supply and gas supply service, the new TPS shall submit a separate change order for each service, even if the same TPS is chosen to provide both electric service and natural gas service.

(e) A TPS that switches a customer without complying with this subchapter shall be subject to enforcement in accordance with 14:4-2.8.

(f) (Reserved)

(g) All change orders shall contain the following customer information transmitted in accordance with the Board's approved EDI protocol. The change order shall not provide any additional customer information, as defined at 14:4-1.2, without the customer's express consent:

1. Name;

2. Address at which utility service is delivered;

3. Telephone number;

4. Customer account number as shown on LDC bills; and

5. Meter number, if a TPS or LDC requires this to complete enrollment.

(h) If a TPS receives a customer drop notice from an LDC, the TPS may not submit a change order to the LDC to reinstate that customer unless it receives authorization from the customer after the date of the drop notice in one of the methods set forth in 14:4-2.3(c) or it can demonstrate that the switch was done without the customer's authorization.

N.J. Admin. Code § 14:4-2.3

Amended by R.2012 d.091, effective 5/7/2012.
See: 43 N.J.R. 1150(a), 44 N.J.R. 1534(a).
In (b)1, updated the website address; rewrote the introductory paragraph of (c)2 and (c)2i; in (c)2ii, substituted "switch" for "change"; in (c)2iv, substituted "switch" for "TPS change"; in (c)2v, substituted "to which the customer is switching;" for "; and"; in (c)2vi, inserted "customer's LDC" and deleted "of the LDC" following "number"; added (c)2vii through (c)2ix; rewrote (c)3ii by incorporating former (c)iii; recodified former (c)3iv through (c)3vii as (c)3iii through (c)3vi; in (c)3iv, substituted "switch" for "change"; in (c)3vi, substituted "to which the customer is switching;" for "; and"; in (c)3vi, inserted "and" at the end; added new (c)3vii; in (e), updated the N.J.A.C. reference; deleted and reserved (f); and rewrote (g)4.
Amended by R.2013 d.067, effective 4/15/2013.
See: 44 N.J.R. 1589(a), 45 N.J.R. 934(b).
In the introductory paragraph of (c)2, inserted "made by an independent third party or by a TPS" following "recording" and deleted "made by an independent third party or by a TPS" following "call"; in (c)3vii, inserted "or" at the end; in (c)4, substituted "a period for "; or"; deleted (c)5; and added (h).