New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 4 - ENERGY COMPETITION › Subchapter 7 - RETAIL CHOICE CONSUMER PROTECTION › Section 14:4-7.6 - Contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A TPS shall not provide electric
				generation service or gas supply service to a retail customer without the
				customer's written signature on a contract or such alternative forms of
				verification identified in
N.J.A.C.
				14:4-2.3
and as the Board may permit
				to initiate such service(s), for switching TPSs or for renewal thereof. On or
				before the date the TPS submits a change order to an LDC, and within one
				business day of when a customer authorizes a contract renewal, the TPS shall
				send a copy of the TPS contract to the customer. The TPS may do this by
				electronic mail or by regular mail, at the option of the customer, or if the
				customer signed up in person, the TPS may hand deliver the contract to the
				customer.
(b) A TPS contract shall
				clearly and conspicuously state that the purpose of the document is to
				authorize a change in the customer's TPS, and include explicit terms and
				conditions, which shall include, at a minimum:
1. A clear statement of the duration of the
				contract;
2. The price per kWh or
				therm or, if a fixed pricing arrangement is not made, a clear and unambiguous
				statement of the precise mechanism or formula by which the price will be
				determined; if the contract contains no particular pricing terms, but rather,
				expresses the charges for service rendered on a percentage savings basis, the
				contract language shall clearly and conspicuously state the percentage savings
				being guaranteed, as well as the price or charges to which the percentage
				savings is being compared;
3. A
				complete list of any other fees, including, but not limited to, early
				termination penalties, due date for payment, late payment fees and the number
				of days after which a late payment fee may be applied, and interest charges,
				which will or can be imposed on residential customers, including, but not
				limited to, the specific conditions under which such penalties and/or fees can
				be imposed;
4. A statement of the
				residential customer's rights, which shall provide that the customer will
				receive a confirmation notice of its choice of supplier and that, at a minimum,
				the customer will have seven calendar days from the date of the confirmation
				notice to contact its LDC and rescind its selection. Furthermore, that a
				contract for electric generation or gas supply service shall not be legally
				binding upon the residential customer until the seven-day confirmation period
				has expired, and the customer has not, directly or indirectly, rescinded his or
				her selection;
5. A statement of
				the TPS's termination rights, which shall explain the specific conditions under
				which the TPS may terminate service, and that at a minimum the TPS shall
				provide the customer with 30 days written notice of the termination and an
				opportunity to remedy the termination condition. The notice shall state the
				TPS's rights to terminate the contract, regardless of whether the customer
				remedies the condition that triggered the termination notice;
6. No statement that asks any customers to
				waive any rights they have under New Jersey or Federal Consumer Protection
				laws; and
7. A clear description of
				the customer billing arrangements, which shall include who will bill the
				customer and whether budget billing will be available. If budget billing is
				available, the agreement shall provide that a true-up of the account subject to
				budget billing shall be made at least once every 12-month period during the
				term of the contract.