Rule 515-7-9-.02 - Terms of Service: Minimum Standards(1) A marketer's advertised prices shall reflect the prices or the pricing methodology in disclosure statements and billed prices and shall be presented in a standard pricing unit. In any advertisement, offer or agreement, a marketer shall specify a time limit by which any sales promotion item will be honored.(2) A marketer shall not charge a consumer a service charge relating to a change from a previous marketer if such consumer has not changed marketers within the previous 12 months. However, in no event, shall a marketer charge a consumer a service charge in excess of the EDC's Commission-approved switch charge. Except as otherwise provided in a legally binding contract between the marketer and the consumer, no marketer shall require a notice period from a consumer if a consumer elects to change service to an alternative marketer.(3) A marketer's terms and conditions of service shall be written in clear and understandable language and shall include the disclosure statement prescribed under Commission Rule 515-7-9-.04.(4)(a) Whenever a marketer offers a fixed term agreement and the expiration date of such agreement is approaching, or whenever a marketer proposes to change its terms of service under any type of agreement, the marketer shall provide advance written notification by mail or using the consumer preferred method of communication to the natural gas consumer at least two (2) billing cycles, or sixty (60) days, prior to the date of the agreement's expiration. This notification shall set forth all of the consumer's options at that point including, but not limited to, the option to seek another marketer. Additionally, a marketer shall provide a second written notification by mail or using the consumer preferred method of communication, mailed separately from the bill, no less than twenty-five (25) days prior to the expiration date of a fixed-term agreement. This second notification shall include, but not be limited to, the expiration date of the current fixed-term agreement, the rate and terms of a fixed-term agreement being offered, and the type of rate plan, including the terms and conditions, that the consumer will be placed on if the consumer does not make a known preference. The twenty-five (25) day notice shall conspicuously disclose the ninety (90) day grace period described in (b) below.(b) In cases where a consumer does not make a preference known, the marketer shall not place the consumer on a new fixed-term agreement unless the terms and conditions of the consumer current fixed-term agreement so provides. If the consumer is placed on a new fixed-term agreement, the marketer shall be prohibited from charging the consumer an exit fee or early termination fee for a period of ninety (90) days from the beginning of the new fixed-term agreement. In addition, the duration of the new fixed-term agreement shall not exceed the duration of the current fixed-term agreement.(5) A marketer shall provide its consumers with clear and conspicuous information explaining how to terminate service.(6) A marketer shall not charge cancellation fees to a low-income residential consumer seeking service for the first time from the regulated provider.(7) The firm customer must be given the right to cancel their fixed rate contract with their current Marketer without an exit fee if they relocate to a different delivery group and a fixed rate is not offered by their current Marketer in the new delivery group. However, if the customer refuses to continue the term of their current fixed rate contract with their current Marketer, an exit fee may be charged.(8) A marketer shall have and maintain the ability to process cash payments from consumers in this state.(9) A marketer shall establish policies and procedures for handling billing disputes and requests for payment arrangements, which must be approved by the Commission.(10) The consumer shall have a right to contact the Commission if he or she is not satisfied with the response of the marketer.(11) All marketers shall be required to comply with all Commission Utility Rules, including, but not limited to the following: 515-3-3 - Residential Gas Utility Service Disconnections; 515-7-3 - Marketers' Certificates of Authority; and 515-7-6 - Natural Gas Marketer Billing Practices.Ga. Comp. R. & Regs. R. 515-7-9-.02
O.C.G.A. §§ 46-2-30, 46-4-150 et seq. (See especially, O.C.G.A. §§ 46-4-156, 46-4-158.2, 46-4-160).
Original Rule entitled "Terms of Service: Minimum Standards" adopted. F. Aug. 13, 2002; eff. Sept. 2, 2002.Amended: F. Apr. 20, 2004; eff. May 10, 2004.Amended: F. June 18, 2018; eff. July 8, 2018.