N.H. Admin. Code § Puc 2004.08

Current through Register No. 50, December 12, 2024

Section Puc 2004.08 - Customer Authorization Required for CEPS

(a) A CEPS shall not submit on behalf of a customer a change in the customer's selection of a supplier, without first obtaining verification from the customer or the customer representative in accordance with the requirements of (c) below.

(b) Each CEPS shall maintain records of verification of authorization by the customer or the customer representative for a minimum period of 2 years after obtaining the verification.

(c) Customer authorization for the transfer of electric service to a CEPS shall be obtained:

(1) In writing;

(2) Through e-mail;

(3) Through a secure customer portal or other electronic on-line enrollment;

(4) Verbally, by telephone, using third-party verification whether the CEPS initiates the call with the customer or the customer representative or the customer or the customer representative initiates the call with the CEPS; or

(5) Through any action specified in (1)-(4) above taken on the customer's behalf by an aggregator granted agency authority, except that third-party verification shall not be required in the event of an action specified in (4) above taken by an aggregator granted agency authority on behalf of its customer.

(d) Customer authorization obtained from the customer or the customer representative in writing, through e-mail, or through a secure customer portal or other electronic on-line enrollment shall:

(1) Not be combined with other materials sent to the customer;

(2) Be a separate, plainly identifiable document, e-mail, or webpage;

(3) Be written in plain language, and be legibly typed or printed and displayed in a font size no smaller than 12 point;

(4) Contain the customer's billing name and address;

(5) Contain the service address and account number or meter number that is being changed to a new supplier;

(6) Contain a statement that the customer is changing from the customer's current supplier to the new supplier, where the new supplier is identified by name;

(7) Contain a statement that the new supplier is not affiliated with the customer's utility; and

(8) Be signed by the customer or the customer representative by:

a. Signature when providing authorization in writing;

b. A check-box completed by the customer or the customer representative when providing authorization electronically; or

c. An e-mail reply from the customer or the customer representative when providing authorization by e-mail.

(e) The signature required in (d)(8) above shall be immediately preceded by the following express confirmations of the customer or the customer representative when authorizing the transfer of the customer's electric service to a CEPS:

(1) The customer or the customer representative is voluntarily signing or checking the box;

(2) The customer or the customer representative understands that the CEPS will, and authorizes the CEPS to, contact the utility and change the customer's provider of electricity to the CEPS;

(3) The customer or the customer representative understands that the contract is for a fixed price, a variable price, or a combination thereof, whichever applies;

(4) The customer or the customer representative knows the current variable price per kWh, understands the variable price is subject to change and agrees to pay a variable price;

(5) The customer or the customer representative understands and agrees that the contract does, or does not, have a specified term and, if there is a term, the length of the term and any applicable termination fee and any applicable device or equipment cost recoupment charge;

(6) The options available to residential and small commercial customers at the end of the contract term, if any, have been explained to the customer or the customer representative;

(7) The customer has received the terms of service from the CEPS, and the customer or the customer representative has read them, and agrees to the terms of service; and

(8) The residential or small commercial customer understands that the customer or the customer representative has the following period of time during which to rescind authorization of the service contract before it becomes binding:

a. Five business days from the date of signature when providing authorization in person and in writing, except that the rescission period is 10 business days for a residential customer enrolled through in-person solicitation at the customer's residence;

b. Five business days from the date of authorization by checking the box when providing authorization electronically, except that the rescission period is 10 business days for a residential customer enrolled through in-person solicitation at the customer's residence; or

c. Six business days from the post-marked date of a service agreement mailed to the customer by first class mail after verbal authorization, except that the rescission period is 11 business days for a residential customer enrolled through in-person solicitation at the customer's residence.

(f) Verbal authorization of the customer or the customer representative obtained by telephone shall:

(1) Include a statement, made by the customer or the customer representative, providing the customer's name;

(2) Clearly state that the supplier is not affiliated with the customer's electric utility;

(3) Confirm that the customer or the customer representative understands the supplier is not affiliated with the utility;

(4) Confirm that the caller is authorized to change the customer's electricity supplier at the service address;

(5) Confirm that the customer or the customer representative intends to change the customer's electricity supplier at the service address;

(6) Identify the customer's billing name and address;

(7) Identify the service address and account number or meter number that is being changed to a new supplier;

(8) Contain a statement, in which the CEPS is identified by name, that the customer or the customer representative understands that the CEPS will, and authorizes the CEPS to, contact the utility and change the customer's electricity supplier to that CEPS;

(9) Contain a statement that the customer or the customer representative understands that, by changing electric service to the CEPS, the customer will no longer receive the electric assistance program (EAP) discount on the supply portion of the customer's electric bill;

(10) Verify that the residential or small commercial customer or the customer representative understands the customer has 6 business days from the postmarked date of the mailed service contract to rescind the authorization to change the customer's provider of electricity before the authorization and the service contract become binding, except that the rescission period is 11 business days for a residential customer enrolled through in-person solicitation at the customer's residence; and

(11) Be confirmed by an unaffiliated third-party verification company that:

a. Is not owned, affiliated, managed, controlled, or directed by the CEPS, any aggregator, or any marketing representative involved in the transaction;

b. Has no financial incentive to successfully complete CEPS change orders for the CEPS or any aggregator or marketing representative involved in the transaction;

c. Obtains the consent of the customer or the customer's representative, as required by RSA 570-A, to the recording of the verbal authorization for a change in service; and

d. Operates in a location physically separate from the CEPS and any aggregator or marketing representative involved in the transaction.

(g) The CEPS shall disclose to the commission the name, address, telephone number, and e-mail address of the person or entity acting as a third party verifier for purposes of (f)(10) above.

(h) No enrollment shall be deemed to have been consented to or deemed a valid request for service authorizing the CEPS to enroll the customer unless authorization has been obtained from the customer or the customer representative as required under this section.

(i) Upon receipt of authorization from the customer or the customer representative, and after the applicable rescission period has expired, the CEPS shall notify the utility electronically of the customer's request to switch suppliers.

(j) A CEPS shall provide the commission with proof of valid authorization by a customer or customer representative when requested by the commission.

(k) A CEPS which fails to obtain valid authorization from a customer or customer representative in accordance with this section and initiates a customer change in service shall:

(1) Be liable for all charges billed to the customer as a result of the change in service, subject to Puc 2004.20(g);

(2) Be liable for all charges for electricity it billed to the customer, subject to Puc 2004.20(g); and

(3) Be subject to sanctions and other enforcement provisions of Puc 2005.

N.H. Admin. Code § Puc 2004.08

#7758, eff 9-4-02; ss by #9774-A, eff 8-26-10 (from Puc 2004.07 )

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