Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 305 - LICENSING REQUIREMENTS, ANNUAL REPORTING, ENFORCEMENT AND CONSUMER PROTECTION PROVISIONS FOR COMPETITIVE PROVISION OF ELECTRICITY › Section 407-305-4 - CUSTOMER PROTECTION

Current through 2024-29, July 17, 2024
A.
General
				Protections
All competitive electricity providers, and third-party sales
				  agents where applicable, must comply with the provisions of this
				  subsection.
1.
Customer
				Authorization
Competitive electricity providers must obtain a customer's
				  authorization before providing service.
2.
Customer Information
Competitive electricity providers and third-party sales
				  agents may not release to any other entity, other than for purposes of debt
				  collection or credit reporting pursuant to state and federal law or to law
				  enforcement agencies pursuant to lawful process, any personal information
				  regarding a customer, including name, address, telephone number, usage and
				  historical payment information, without the consent of the customer.
3.
Trade Practices
Competitive electricity providers and third-party sales
				  agents must comply with the provisions of the Maine Unfair Trade Practices Act,
				  Title 5, chapter 10 and related consumer protection statutes. Any finding by an
				  entity of competent jurisdiction that a competitive electricity provider
				  violated either the Maine or Federal Unfair Trade Practices Act is deemed to be
				  a violation of this subsection.
4.
Collection Costs
Competitive electricity providers may not collect or seek to
				  collect unreasonable costs from a customer who is in default. For purposes of
				  this provision, unreasonable costs are those in excess of actual out-of-pocket
				  expenses incurred by the competitive electricity provider, including reasonable
				  attorney fees and actual court costs.
5.
Equal Credit
Competitive electricity providers must comply with all
				  applicable provisions of the federal Equal Credit Opportunity Act,
				  15 United States Code, Sections
				  1691 to
				  1691f.
6.
Telemarketing
Competitive electricity providers must comply with all
				  federal and state laws, federal regulations and state rules regarding the
				  prohibition or limitation of telemarketing. Competitive electricity providers
				  must record and retain all outbound telemarketing calls to residential and
				  small commercial customers for a period of two years from the date of
				  recording.
7.
Marketing of Electricity Attributes
Competitive electricity providers that market or promote
				  electricity products on the basis that all or a percentage of the electricity
				  provided have specified attributes, including but not limited to green,
				  renewable, specified resource types and locations, must provide supporting
				  documentation in the annual report filed pursuant to section
				  2(E) of this Chapter.
				  For purposes of this provision, the documentation must be as follows:
a.
ISO-NE Control Area.
For
				service to customers in the ISO-NE control area, the competitive electricity
				provider must have GIS certificates in a Maine GIS-sub-account that reasonably
				corresponds to the usage of the customers provided the green electricity or
				renewable electricity product.
b.
Maritimes Control Area
. For service to customers in Northern
				Maine, the competitive electricity provider must have market settlement data
				and other documentation that demonstrates the renewable resources used to serve
				load reasonably corresponds to the usage of the customers provided the green
				electricity or renewable electricity product. This information must document
				that the renewable attributes of the resources have not been used or
				transferred for any other purposes.
This provision does not prohibit competitive electricity
				  providers from marketing, promoting, or providing green or environmental
				  products, such as renewable credits associated with resources that are not used
				  to serve load in New England, as part of the provision of electricity services.
				  The promotion of such products may not state or suggest that that the
				  electricity actually used to serve the customer has the stated attributes. The
				  competitive electricity provider must provide supporting documentation in the
				  annual report filed pursuant to section
				  2(E) of this
				  Chapter
8.
Notice of Opt-Out Fee
a.
				Competitive electricity providers must, prior to enrolling a customer, provide
				notice to that customer of the existence of opt-out fees pursuant to Chapter
				301 of the Commission rules that might apply if a customer commits to service
				from the competitive electricity provider. The notice must explain the opt-out
				fee and the actions that may result in the assessment of the fee. The
				competitive electricity provider must retain evidence that the required notice
				was provided to the customer, including the date upon which the notice was
				provided.
b. This notice
				requirement is not applicable if the enrolling customer is not subject to an
				opt-out fee pursuant to Chapter 301, Section
				2(C)(1).
c. This notice must be provided in writing as
				set forth below:
Your termination of standard offer service may require the
				  payment of a fee, as required by Chapter 301 of the Commission's rules. This is
				  a regulatory fee, and it is not imposed by competitive electricity providers.
				  You are encouraged to review the applicability of Chapter 301 in advance of
				  accepting service from a competitive electricity provider.
9.
Commission Standards and
				Requirements
Competitive electricity providers and third-party sales
				  agents must comply with any other applicable standards or requirements
				  established by the Commission by order or rule.