Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-7 - GAS UTILITIES › Subject 515-7-10 - NATURAL GAS MARKETERS' CUSTOMER ENROLLMENT PROCEDURES › Rule 515-7-10-.05 - Investigation, Reporting and Customer Service

Current through Rules and Regulations filed through June 27, 2024
(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.
O.C.G.A. §§
											46-2-30,
				  46-4-150
et seq.
(
See especially
, O.C.G.A. §
											46-4-160)