Rule 515-7-10-.05 - Investigation, Reporting and Customer Service(1) For purposes of this Rule,"preferred marketer" shall mean a marketer from whom a customer's account for commodity sales service or distribution service has allegedly been switched without such customer's consent, and "unauthorized marketer" shall mean a marketer to whom a customer's account for commodity sales service or distribution service has allegedly been switched without such customer's consent. A customer shall report any change in natural gas service to his, her or its preferred marketer and the unauthorized marketer, and may also contact the Commission. Upon receiving such a report, the preferred marketer and the provider alleged to be an unauthorized marketer each shall investigate the customer's complaint. If these investigations fail to result in a determination as to whether a change in marketer was made pursuant to proper authorization, the Commission may be contacted by the preferred marketer to provide assistance.(2) An unauthorized marketer shall initiate action to change back the customer to the preferred marketer or another marketer of the customer's choice within three (3) business days after a customer's request for such change.(3) An unauthorized marketer shall be responsible for paying all charges resulting from unauthorized changes in service(s) including, without limitation, any switch fee or other applicable tariff charges of the EDC. If the unauthorized marketer has billed the customer for any such charges, the customer's account shall be credited for any such charges by the unauthorized marketer within thirty (30) days of the date the Commission determined the consumer was a victim of involuntary switching.(4) A marketer that directly or indirectly engages in conduct that results in the involuntary switching of a customer from his, her or its preferred marketer (also known as "slamming") shall not be entitled to any remuneration for service(s) provided to that customer, and any such remuneration actually received by the unauthorized marketer shall be repaid to such customer within thirty (30) days of the date the Commission determined the customer was a victim of involuntary switching.(5) Any marketer responsible for unauthorized changes of a customer's service provider shall maintain monthly records of the number of such changes and shall report such data to the Commission on a quarterly basis within forty-five (45) days following the end of the quarter.(6) An unauthorized marketer shall not report to any credit-reporting agency monies alleged to be owed to it by a person that has been a victim of involuntary switching.(7) Any marketer responsible for the involuntary switching of a customer's preferred marketer shall prepare and maintain monthly records of the number of instances in which such event occurred and shall report this data to the Commission, at least on a quarterly basis. The marketer shall make this report within forty-five (45) days after the end of a calendar quarter.(8) As contemplated by this Rule, the phrase "involuntary switching" shall not be construed to encompass those situations in which customers are transferred to another marketer or marketers with the Commission's approval due to events that include, but are not limited to, bankruptcies and other authorized sales or transactions.Ga. Comp. R. & Regs. R. 515-7-10-.05
O.C.G.A. §§ 46-2-30, 46-4-150et seq. (See especially, O.C.G.A. § 46-4-160)
Original Rule entitled "Investigation, Reporting and Customer Service" adopted. F. Sept. 3, 2002; eff. Sept. 23, 2002.Amended: F. Oct. 4, 2018; eff. Oct. 24, 2018.