Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter R - CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS › Section 25.495 - Unauthorized Change of Retail Electric Provider

Current through Reg. 49, No. 28; July 12, 2024
(a) Process for
				  resolving unauthorized change of retail electric provider (REP). If a REP is
				  serving a customer without proper authorization under §
										25.474 of this title (relating to
				  Selection of Retail Electric Provider), the REP, registration agent, and
				  transmission and distribution utility (TDU) must follow the procedures set
				  forth in this subsection.
(1) Either the
				  original REP or switching REP must notify the registration agent of the
				  unauthorized change of REP as promptly as possible, using the process approved
				  by the registration agent.
(2) As
				  promptly as possible following receipt of notice by the REP, the registration
				  agent must facilitate the prompt return of the customer to the original REP, or
				  REP of choice in the case of a move-in.
(3) The affected REPs, the registration
				  agent, and the TDU must take all actions necessary to return the customer to
				  the customer's original REP, or REP of choice in the case of a move-in, as
				  quickly as possible. The original REP does not need to obtain an additional
				  authorization from the customer under§
											25.474 of this title in order to
				  effectuate the provision of this section.
(4) The affected REPs, the registration
				  agent, and the TDU must take all actions necessary to bill correctly all
				  charges, so that the end result is that:
(A)
				  the REP that served the customer without proper authorization must pay all
				  transmission and distribution charges associated with returning the customer to
				  its original REP, or REP of choice in the case of a move-in;
(B) the original REP has the right to bill
				  the customer under §
												25.480 of this title (relating to
				  Bill Payment and Adjustments) at the price disclosed in its terms of service
				  from either:
(i) the date the customer is
				  returned to the original REP; or
(ii) any prior date chosen by the original
				  REP for which the original REP had the authorization to serve the
				  customer.
(C) the REP
				  that served the customer without proper authorization must refund all charges
				  paid by the customer for the time period for which the original REP ultimately
				  bills the customer within five business days after the customer is returned to
				  the original REP, or REP of choice in the case of a move-in;
(D) the customer will pay no more than the
				  price at which the customer would have been billed had the unauthorized switch
				  or move-in not occurred;
(E) the
				  TDU has the right to seek collection of non-bypassable charges from the REP
				  that ultimately bills the customer under subparagraph (B) of this paragraph;
				  and
(F) the REP that ultimately
				  bills the customer under subparagraph (B) of this paragraph is responsible for
				  non-bypassable charges and wholesale consumption for the customer.
(5) The original REP must provide
				  the customer all benefits or gifts associated with the service that would have
				  been awarded had the unauthorized switch or move-in not occurred, upon
				  receiving payment for service provided during the unauthorized
				  change.
(6) The affected REPs must
				  communicate with the customer as appropriate throughout the process of
				  returning the customer to the original REP or REP of choice and resolving any
				  associated billing issues.
(7) In a
				  circumstance where paragraph (4) of this subsection is not applicable or its
				  requirements cannot be effectuated, the market participants involved must work
				  together in good faith to rectify the unauthorized switch or move-in in a
				  manner that affords the customer and market participants involved a level of
				  protection comparable to that required in this subsection.