Rhode Island Code of Regulations › Title 815 - Division of Public Utilities and Carriers › Chapter 30 - Electric Utilities › Subchapter 05 - Non-regulated Power Producers › Part 2 - Nonregulated Power Producer Consumer Bill of Rights (815-RICR-30-05-2) › Section 815-RICR-30-05-2.6 - Nonregulated Power Producer Obligations

Current through June 14, 2024
A. No contract for
				  electric generation services by a nonregulated power producer shall require a
				  residential customer to pay any fee for termination or early cancellation of a
				  contract in excess of fifty dollars ($50.00), or twice the estimated bill for
				  energy services for an average month, whichever is less, provided that when a
				  nonregulated power producer offers a contract, it provides the residential
				  customer an estimate of such customer's average monthly bill; and provided
				  further, it shall not be considered a termination or early cancellation of a
				  contract if a residential customer moves from one dwelling within the state to
				  another dwelling within the state and remains with the same nonregulated power
				  producer. If a residential customer does not have a contract for electric
				  generation services with a nonregulated power producer and is receiving a
				  month-to-month variable rate from such supplier, there shall be no fee for
				  termination or early cancellation.
B. Each nonregulated power producer shall
				  file annually with the Division, on December 31, a list of any aggregator or
				  agent working on behalf of such supplier; the nonregulated power producer shall
				  also notify the Division within five (5) business days whenever it removes or
				  adds any aggregator or agent from the list of those working on its behalf
				  during the course of the year.
C.
				  Each nonregulated power producer shall develop and implement standards and
				  qualifications for employees and third-party agents who are engaged in the sale
				  or solicitation of electric generation services by such supplier.
D. Each nonregulated power producer,
				  aggregator, or agent of a nonregulated power producer or aggregator, shall
				  comply with the provisions of the telemarketing regulations adopted pursuant to
				  15 U.S.C. §
											6102.
E. Any violation or failure to comply with
				  any provision of R.I. Gen. Laws §
										39-26.7-1 et seq. or this Part
				  shall be subject to civil penalties imposed by the Division including a penalty
				  of not less than two hundred dollars ($200.00) nor more than one thousand
				  dollars ($1,000.00), and in the case of continuing violation of any of the
				  provisions of R.I. Gen. Laws §
										39-26.7-1 et seq. or this Part,
				  every day's continuance shall be deemed to be a separate and distinct offense,
				  an order of refund, and/or the suspension or revocation of a nonregulated power
				  producer's certificate, or a prohibition on the nonregulated power producer
				  accepting new customers following a hearing.
F. Abusive switching practices, solicitations
				  and renewals by nonregulated power producers; hiring and training of sales
				  representatives, door-to-door sales and telemarketing practices by nonregulated
				  power producers by nonregulated power producers. The General Assembly has
				  determined that it is critical for nonregulated power producers to take all
				  reasonable steps necessary to ensure that consumers have all of the information
				  necessary to make informed decisions with respect to determining whether to
				  procure their power from nonregulated power producers rather than purchasing it
				  from a distribution company.
1. Abusive
				  switching practices, solicitations and renewals by nonregulated power
				  producers.
a. No customer's electric service
				  may be switched from its current electric service provider unless the
				  nonregulated power producer has complied fully with §
												2.5   of this Part, and
				  specifically with §§
												2.5(G), (H), (I), (J), and (K) of this
				  Part.
b. In order to further ensure
				  that customers are protected from abusive switching practices, and have truly
				  been afforded an opportunity to make an informed decision regarding the source
				  of their electric service, each customer signing a service contract or
				  consenting to a change in service provider, as set out in §
												2.5(I)   of this
				  Part, shall have a right to rescind their agreement or consent to receive
				  services within three (3) business days of the date on which they signed the
				  service contract or consented to a change in service provider. There shall be
				  no penalty to the customer whatsoever for exercising this right of rescission.