N.H. Admin. Code § Puc 2004.02

Current through Register No. 50, December 12, 2024

Section Puc 2004.02 - Disclosure of Terms of Service by Competitive Electric Power Suppliers

(a) Each CEPS shall send each of its customers a written statement regarding terms of service within 3 business days of entering into an agreement to sell electricity.

(b) No agreement between a CEPS and a customer for the sale of electricity shall be effective until:

(1) The customer or the customer representative has provided authorization as described in Puc 2004.08;

(2) The CEPS has made the disclosure required by this section; and

(3) The rescission period required by (d)(14) below has concluded.

(c) A CEPS shall not rely on an aggregator to satisfy any of its obligations required by this chapter unless:

(1) The CEPS has a written agreement with an aggregator granted agency authority specifying that the aggregator accepts the obligations of the CEPS pursuant to this chapter;

(2) The CEPS agrees to provide a copy of the written agreement pursuant to (1) above at the Commission's request; and

(3) The CEPS accepts all financial responsibility for any remedies or damages as a result of the aggregator's failure to satisfy the CEPS' obligations pursuant to this chapter.

(d) Each CEPS shall include the following in its terms of service:

(1) The name, business address, telephone number, and e-mail address of the CEPS;

(2) An itemized list of all supplier added charges;

(3) Price disclosure information required by Puc 2004.03(b) or (f), whichever is applicable;

(4) A statement that the CEPS's price does not include, and the customer will be billed by the distribution company for, charges related to the delivery of electricity, including but not limited to, the price of transmission and distribution, the system benefits charge, stranded cost recovery charge, and taxes;

(5) For residential customers, a list of social service agencies and programs available to low income customers for bill payment assistance;

(6) The due date of bill payments and the consequences of late payments, including the amount of any late payment fee or the interest or finance charge assessed for late payments;

(7) A statement that the residential and small commercial customer has a right to change CEPS at any time and with no advance notice requirement, subject to payment of any termination fees described in the terms of service;

(8) Any other fees, penalties, or charges payable to the CEPS, including any termination fees and any device or equipment cost recoupment charges, for which the customer would be responsible;

(9) An explanation of how the customer will be billed for electricity sales and the name, address, and telephone number of the CEPS's billing agent, if any;

(11) The toll free telephone number of the commission's division that processes customer complaints and a statement that customers may contact the commission if they have questions about their rights and responsibilities;

(12) Deposit requirements, if any, and the rate of interest paid on deposits;

(13) A statement that the CEPS shall not release confidential customer information, except as otherwise permitted under Puc 2004.19, without written authorization from the customer, and a description of confidential customer information and any other information considered confidential by the CEPS;

(14) An opportunity for each residential or small commercial customer to rescind authorization:

a. Within 5 business days from the date the customer electronically receives the terms of service;

b. Within 6 business days from the postmarked date of the terms of service agreement being mailed to the customer by first class mail;

c. Within 10 business days from the date a residential customer electronically receives the terms of service, if the customer was enrolled through an in-person solicitation at the customer's residence; or

d. Within 11 business days from the postmarked date of the terms of service agreement being mailed to a residential customer by first class mail, if the customer was enrolled through an in-person solicitation at the customer's residence;

(15) A statement that, by accepting the terms of service, the customer affirmatively consents to the utility sharing billing and payment information with the CEPS, including the customer's participation in budget billing or extended payment arrangements;

(16) An explanation of the options the customer will have at the end of any term of the contract, including the deadlines for choosing each option; and

(17) An explanation of how the customer or the customer representative terminates service with the supplier by either:

a. Notifying the CEPS of termination;

b. Contracting with a new CEPS for electricity supply;

c. Contracting with an aggregator granted agency authority; or

d. Contacting the utility to select utility default service.

(e) A CEPS shall request that each residential and small commercial customer specify the customer's preferred form of communication for receipt of information required under this chapter by choosing one of the following:

(1) Electronic-mail for all communications;

(2) Written correspondence delivered by U.S. mail for all communications; or

(3) Text messaging for communications after completion of customer enrollment, if text messaging communication is offered by the CEPS.

(f) In addition to the full terms and conditions of service required by (a) above, a CEPS shall ensure that a summary of the terms of service shall be provided to each residential and small commercial customer using the "Disclosure Summary Template Form" dated 06/2017 and delivered using the customer's preferred form of communication.

(g) The terms of service required by this section shall be:

(1) Written in plain language;

(2) Legibly typed or printed;

(3) Delivered to the customer in the customer's preferred form of communication; and

(4) Printed in a font size no smaller than 12 point for residential and small commercial customers.

(h) Arbitration or other process for complaint resolution between a CEPS and a residential or small commercial customer shall be conducted in New Hampshire pursuant to New Hampshire law and applicable federal law.

(i) A CEPS shall not submit a customer enrollment request to a utility until any applicable customer right of rescission has lapsed.

N.H. Admin. Code § Puc 2004.02

#7758, eff 9-4-02; ss by #9774-A, eff 8-26-10

Amended by Volume XXXVII Number 37, Filed September 14, 2017, Proposed by #12372, Effective 11/1/2017, Expires 11/1/2027.