Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter E - COMPETITIVE SAFEGUARDS › Section 54.122 - Code of conduct

Current through Register Vol. 54, No. 28, July 13, 2024
Electric generation suppliers and electric distribution
						companies shall comply with the following requirements:
(1) An electric distribution company may not
					 give an electric generation supplier, including without limitation, its
					 affiliate or division, any preference or advantage over any other electric
					 generation supplier in processing a request by a distribution company customer
					 for retail generation supply service.
(2) Subject to customer privacy or
					 confidentiality constraints, an electric distribution company may not give an
					 electric generation supplier, including without limitation its affiliate or
					 division, any preference or advantage in the dissemination or disclosure of
					 customer information and any dissemination or disclosure shall occur at the
					 same time and in an equal and nondiscriminatory manner. "Customer information"
					 means all information pertaining to retail electric customer identity and
					 current and future retail electric customer usage patterns, including appliance
					 usage patterns, service requirements or service facilities.
(3) An electric distribution company or
					 electric generation supplier may not engage in false or deceptive advertising
					 to customers with respect to the retail supply of electricity in this
					 Commonwealth.
(4) Each electric
					 distribution company shall adopt the following dispute resolution procedures to
					 address alleged violations of this section:
(i) Regarding any dispute between an electric
					 distribution company or a related supplier, or both, and an electric generation
					 supplier (each individually referred to as a "party" and collectively referred
					 to as "parties"), alleging a violation of any of the provisions of this
					 section, the electric generation supplier shall provide the electric
					 distribution company or related supplier, or both, as applicable, a written
					 notice of dispute which includes the names of the parties and customers, if any
					 involved and a brief description of the matters in dispute.
(ii) Within 5 days of receipt of the notice
					 by the electric distribution company or related supplier, or both, a designated
					 senior representative of each of the parties shall attempt to resolve the
					 dispute on an informal basis.
(iii)
					 If the designated representatives are unable to resolve the dispute by mutual
					 agreement within 30 days of the referral, the dispute shall be referred for
					 mediation through the Commission's Office of Administrative Law Judge. A party
					 may request mediation prior to that time if it appears that informal resolution
					 is not productive.
(iv) If
					 mediation is not successful, the matter shall be converted to a formal
					 proceeding before a Commission administrative law judge, and the prosecuting
					 parties shall be directed to file a formal pleading in the nature of a
					 complaint, petition or other appropriate pleading with the Commission within 30
					 days or the matter will be dismissed for lack of prosecution. Any party may
					 file a complaint, petition or other appropriate pleading concerning the dispute
					 under any relevant provision of 66 Pa.C.S. (relating to the Public Utility
					 Code).