reglab/statecodes huggingface dataset:
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 25.471 - General Provisions of Customer Protection Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. This subchapter applies to
				  aggregators and retail electric providers (REPs). In addition, where
				  specifically stated, these rules apply to transmission and distribution
				  utilities (TDUs), the registration agent, brokers and power generation
				  companies. These rules specify when certain provisions are applicable only to
				  some, but not all, of these providers.
(1)
				  Affiliated REP customer protection rules, to the extent the rules differ from
				  those applicable to all REPs or those that apply to the provider of last resort
				  (POLR), do not apply to the affiliated REP when serving customers outside the
				  geographic area served by its affiliated transmission and distribution utility.
				  The affiliated REP customer protection rules apply until the price-to-beat
				  obligation ends in the affiliated REPs' affiliated TDU service
				  territory.
(2) Requirements
				  applicable to a POLR apply to a REP only in its provision of service as a
				  POLR.
(3) The rules in this
				  subchapter are minimum, mandatory requirements that must be offered to or
				  complied with for all customers unless otherwise specified. Except for the
				  provisions of §
											RSA
				  25.495 of this title (relating to
				  Unauthorized Change of Retail Electric Provider), §
											RSA
				  25.481 of this title (relating to
				  Unauthorized Charges), §25.485(a) - (b) of this title (relating to
				  Customer Access and Complaint Handling), and §25.499 (relating to
				  Acknowledgement of Risk Requirements for Certain Commercial Contracts), a
				  customer other than a residential or small commercial class customer, or a
				  non-residential customer whose load is part of an aggregation in excess of 50
				  kilowatts, may agree to terms of service that reflect either a higher or lower
				  level of customer protections than would otherwise apply under these rules. Any
				  agreements containing materially different protections from those specified in
				  these rules must be reduced to writing and provided to the customer.
				  Additionally, copies of such agreements must be provided to the commission upon
				  request.
(4) The rules of this
				  subchapter control over any inconsistent provisions, terms, or conditions of a
				  REP's terms of service or other documents describing service offerings for
				  customers in Texas.
(5) For
				  purposes of this subchapter, a municipally owned utility or electric
				  cooperative is subject to the same provisions as a REP where the municipally
				  owned utility or electric cooperative sells retail electricity service outside
				  its certificated service area.
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 25.472 - Privacy of Customer Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Mass
				  customer lists. Prior to the commencement of retail competition, an electric
				  utility shall release a mass customer list to certificated retail electric
				  providers (REPs) and registered aggregators.
(1) A mass customer list shall consist of the
				  name, billing address, rate classification, monthly kilowatt-hour usage for the
				  most recent 12-month period, meter type, and account number or electric service
				  identifier (ESI-ID). All customers eligible for the price to beat pursuant to
				  the Public Utility Regulatory Act (PURA) §39.202 shall be included on the
				  mass customer list, except a customer who opts not to be included on the list
				  pursuant to paragraph (2) of this subsection.
(2) Prior to the release of a mass customer
				  list, an electric utility shall mail a notice to all customers who may be
				  included on the list. The notice shall:
(A)
				  explain the issuance of the mass customer list;
(B) provide the customer with the option of
				  not being included on the list and allow the customer at least 30 days to
				  exercise that option;
(C) inform
				  the customer of the availability of the no call lists pursuant to §
												RSA
				  25.484 of this title (relating to Texas
				  Electric No-Call List) and §
												RSA
				  26.37 of this title (relating to Texas
				  No-Call List), and provide the customer with information on how to request
				  placement on the list;
(D) provide
				  a toll free telephone number and an Internet website address to notify the
				  electric utility of the customer's desire to be excluded from the mass customer
				  list.
(3) The commission
				  will require the electric utility to release a mass customer list no later than
				  120 days before the commencement of customer choice.
(4) The mass customer list shall be issued,
				  at no charge, to all REPs certified by, and aggregators registered with, the
				  commission that will be providing retail electric or aggregation services to
				  residential or small commercial customers.
(5) A REP shall not use the list for any
				  purpose other than marketing electric service and verifying a customer's
				  authorized selection of a REP prior to submission of the customer's enrollment
				  to the registration agent.
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 25.473 - Non-English Language Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. This section applies to retail electric providers (REPs),
				  aggregators, and the registration agent.
(b) Retail electric providers (REPs). A REP
				  shall provide the following information to an applicant or customer in English,
				  Spanish, or the language used in the marketing of service, as designated by the
				  applicant or customer.
(1) Terms of service
				  documents, Electricity Facts Label, customer bills, and customer bill
				  notices;
(2) information on the
				  availability of new electric services, discount programs, and promotions;
				  and
(3) access to customer service,
				  including the restoration of electric service and response to billing
				  inquiries.
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 25.474 - Selection of Retail Electric Provider

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to
				  retail electric providers (REPs) and aggregators seeking to enroll applicants
				  or customers for retail electric service. In addition, where specifically
				  stated, this section applies to transmission and distribution utilities (TDUs)
				  and the registration agent.
(b)
				  Purpose. The provisions of this section establish procedures for enrollment of
				  applicants or customers by a REP and ensure that all applicants and customers
				  in this state are protected from an unauthorized switch from the applicant's or
				  customer's REP of choice or an unauthorized move-in. A contested switch in
				  providers shall be presumed to be unauthorized unless the REP provides proof,
				  in accordance with the requirements of this section, of the applicant's or
				  customer's authorization and verification.
(c) Initial REP selection process.
(1) In conjunction with the commission's
				  customer education campaign, the commission may issue to customers for whom
				  customer choice will be available an explanation of the REP selection process.
				  The customer education information issued by the commission may include, but is
				  not limited to:
(A) an explanation of retail
				  electric competition;
(B) a list of
				  all REPs certified to provide electric service to the customer;
(C) a form that allows the customer to
				  contact or select one or more of the listed REPs from which the customer
				  desires to receive information or to be contacted; and
(D) information on how a customer may
				  designate whether the customer would like to be placed on the statewide Do Not
				  Call List and indicate the fee for such placement.
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 25.476 - Renewable and Green Energy Verification

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to establish the procedures by which retail electric providers (REPs) calculate
				  and compose their renewable content pursuant to §
										RSA
				  25.475 of this title (relating to General
				  Retail Electric Provider Requirements and Information Disclosures to
				  Residential and Small Commercial Customers) and to establish guidelines and
				  verification for claims of "green" products.
(b) Application.
(1) This section applies to all REPs.
				  Additionally, some of the reporting requirements established in this section
				  apply to the registration agent and to all owners of generation assets as
				  defined in subsection (c) of this section.
(2) Nothing in this section shall be
				  construed as protecting a REP against prosecution under deceptive trade
				  practices statutes.
(3) In
				  accordance with the Public Utility Regulatory Act (PURA) §39.001(b)(4),
				  the commission and the registration agent will ensure the confidentiality of
				  competitively sensitive information, reported to the commission or the
				  registration agent under this section.
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 25.477 - Refusal of Electric Service

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Acceptable reasons to refuse electric service. A retail electric provider (REP)
				  may refuse to provide electric service to an applicant or customer for one or
				  more of the reasons specified in this subsection:
(1) Customer's or applicant's inadequate
				  facilities. The customer's or applicant's installation or equipment is known to
				  be hazardous or of such character that satisfactory service cannot be given, or
				  the customer's or applicant's facilities do not comply with all applicable
				  state and municipal regulations.
(2) Use of prohibited equipment or
				  attachments. The customer or applicant fails to comply with the transmission
				  and distribution utility's, municipally owned utility's, or electric
				  cooperative's tariff pertaining to operation of nonstandard equipment or
				  unauthorized attachments that interfere with the service of others.
(3) Intent to deceive. The applicant applies
				  for service at a location where another customer received, or continues to
				  receive, service and the REP can reasonably demonstrate that the change of
				  account holder and billing name is made to avoid or evade payment of a bill
				  owed to the REP.
(4) For
				  indebtedness. The applicant or customer owes a bona fide debt to the REP for
				  electric service. An affiliated REP or provider of last resort (POLR) shall
				  offer the applicant or customer an opportunity to pay the outstanding debt to
				  receive service. In the event the applicant's or customer's indebtedness is in
				  dispute, the applicant or customer shall be provided service upon paying the
				  undisputed debt amount and a deposit pursuant to §
											RSA
				  25.478 of this title (relating to Credit
				  Requirements and Deposits).
(5)
				  Failure to pay guarantee. An applicant or customer has acted as a guarantor for
				  another applicant or customer and failed to pay the guaranteed amount, where
				  such guarantee was made in writing and was a condition of service.
(6) Failure to comply with credit
				  requirements. The applicant or customer fails to comply with the credit and
				  deposit requirements set forth in §
											RSA
				  25.478 of this title.
(7) Other acceptable reasons to refuse
				  electric service. In addition to the reasons specified in paragraphs (1) - (6)
				  of this subsection, a REP other than the affiliated REP or POLR may refuse to
				  provide electric service to an applicant or customer for any other reason that
				  is not otherwise discriminatory pursuant to §
											RSA
				  25.471<subdiv>(c)</subdiv> of
				  this title (relating to General Provisions of Customer Protection
				  Rules).
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 25.479 - Issuance and Format of Bills

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Application. This section applies to a retail electric provider (REP) that is
				  responsible for issuing electric service bills to retail customers, unless the
				  REP is issuing a consolidated bill (both energy services and transmission and
				  distribution services) on behalf of an electric cooperative or municipally
				  owned utility. This section does not apply to a municipally owned utility or
				  electric cooperative issuing bills to its customers in its own service
				  territory.
(b) Frequency and
				  delivery of bills.
(1) A REP must issue a bill
				  monthly to each customer unless service is provided for a period of less than
				  one month. A REP may issue a bill less frequently than monthly if both the
				  customer and the REP agree to such an arrangement.
(2) A bill must be issued no later than 30
				  days after the REP receives the usage data and any related invoices for
				  non-bypassable charges, unless validation of the usage data and invoice
				  received from a transmission and distribution utility by the REP or other
				  efforts to determine the accuracy of usage data or invoices delay billing by a
				  REP past 30 days. The number of days to issue a bill must be extended beyond 30
				  days to the extent necessary to support agreements between REPs and customers
				  for less frequent billing, as provided in paragraph (1) of this subsection or
				  for consolidated billing.
(3) A REP
				  must issue bills to residential customers in writing and delivered via the
				  United States Postal Service. REPs may provide bills to a customer
				  electronically in lieu of written mailings if both the customer and the REP
				  agree to such an arrangement. An affiliated REP or a provider of last resort
				  must not require a customer to agree to such an arrangement as a condition of
				  receiving electric service.
(4) A
				  REP must not charge a customer a fee for issuing a standard bill, which is a
				  bill delivered via U.S. mail that complies with the requirements of this
				  section. The customer may be charged a fee or given a discount for non-standard
				  billing in accordance with the terms of service document.
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 25.480 - Bill Payment and Adjustments

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Application. This section applies to a retail electric provider (REP) that is
				  responsible for issuing electric service bills to retail customers, unless the
				  REP is issuing a consolidated bill (both energy services and transmission and
				  distribution services) on behalf of an electric cooperative or municipally
				  owned utility. In addition, this section applies to a transmission and
				  distribution utility (TDU) where specifically stated. This section does not
				  apply to a municipally owned utility or electric cooperative issuing bills to
				  its customers in its own service territory.
(b) Bill due date. A REP shall state a
				  payment due date on the bill which shall not be less than 16 days after
				  issuance. A bill is considered to be issued on the issuance date stated on the
				  bill or the postmark date on the envelope, whichever is later. A payment for
				  electric service is delinquent if not received by the REP or at the REP's
				  authorized payment agency by the close of business on the due date. If the 16th
				  day falls on a holiday or weekend, then the due date shall be the next business
				  day after the 16th day.
(c) Penalty
				  on delinquent bills for electric service. A REP may charge a one-time penalty
				  not to exceed 5.0% on a delinquent bill for electric service. No such penalty
				  shall apply to residential or small commercial customers served by the provider
				  of last resort (POLR). The one-time penalty, not to exceed 5.0%, may not be
				  applied to any balance to which the penalty has already been applied.
(d) Overbilling. If charges are found to be
				  higher than authorized in the REP's terms and conditions for service or other
				  applicable commission rules, then the customer's bill shall be corrected.
(1) The correction shall be made for the
				  entire period of the overbilling.
(2) If the REP corrects the overbilling
				  within three billing cycles of the error, it need not pay interest on the
				  amount of the correction.
(3) If
				  the REP does not correct the overcharge within three billing cycles of the
				  error, it shall pay interest on the amount of the overcharge at the rate set by
				  the commission.
(A) Interest on overcharges
				  that are not adjusted by the REP within three billing cycles of the bill in
				  error shall accrue from the date of payment by the customer.
(B) All interest shall be compounded monthly
				  at the approved annual rate set by the commission.
(C) Interest shall not apply to leveling
				  plans or estimated billings.
(4) If the REP rebills for a prior billing
				  cycle, the adjustments shall be identified by account and billing date or
				  service period.
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 25.481 - Unauthorized Charges

Current through Reg. 49, No. 28; July 12, 2024
(a) Authorization
				  of charges. Any services offered by the retail electric provider (REP) that
				  will be billed on the customer's electric bill shall be authorized by the
				  customer consistent with this section.
(b) Requirements for billing charges. A REP
				  shall meet all of the following requirements before including any charges on
				  the customer's electric bill:
(1) The REP
				  shall inform the customer of the product or service being offered, including
				  all associated charges, and explicitly inform the customer that the associated
				  charges for the product or service will appear on the customer's electric
				  bill.
(2) The customer must clearly
				  and explicitly consent to obtaining the product or service offered and to
				  having the associated charges appear on the customer's electric bill. The REP
				  shall document the authorization in accordance with §
											RSA
				  25.474 of this title (relating to Selection
				  of Retail Electric Provider). The documentation of the authorization shall be
				  maintained by the REP for at least 24 months.
(3) The REP shall provide the customer with a
				  toll-free telephone number the customer may call and an address to which the
				  customer may write to resolve any billing dispute and to answer
				  questions.
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 25.482 - Prompt Payment Act

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
				  This section applies to billing by an aggregator or a retail electric provider
				  (REP) to a "governmental entity" as defined in Texas Government Code, Chapter
				  2251, the Prompt Payment Act (PPA). This section controls over other sections
				  of this chapter to the extent that they conflict.
(b) Time for payment by a governmental
				  entity. A payment by a governmental entity subject to the PPA shall become
				  overdue as provided in the PPA.
(c)
				  Disputed bills. If there is a billing dispute between a governmental entity and
				  an aggregator or a REP about any bill for aggregator or REP service, the
				  dispute shall be resolved as provided in the PPA.
(d) Interest on overdue payment. Interest on
				  an overdue governmental entity payment shall be calculated by the governmental
				  entity pursuant to the terms of the PPA and remitted to the ESP with the
				  overdue payment.
(e) Notice. An
				  aggregator or REP shall provide written notice to all of its non-residential
				  customers of the applicability of the PPA to the aggregator's or REP's service
				  to governmental entities. This notice shall be completed within six months of
				  the effective date of this section for existing non-residential customers and,
				  within three months of the effective date of this section, shall be provided to
				  a new customer at or before the time that the terms of service are provided to
				  the customer. An aggregator's or REP's failure to provide this notice does not
				  give rise to any independent claim under the PPA, nor does this notice initiate
				  or terminate any party's rights or obligations under the PPA.
(1) The failure of an aggregator or REP to
				  provide written notice in accordance with this subsection may be considered in
				  a PPA billing complaint.
(2) The
				  failure of a governmental entity to inform the aggregator or REP of its status
				  as a governmental entity may be considered in a PPA billing
				  complaint.
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 25.483 - Disconnection of Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Disconnection
				  and reconnection policy. Only a transmission and distribution utility (TDU),
				  municipally owned utility, or electric cooperative may perform physical
				  disconnections and reconnections. Unless otherwise stated, it is the
				  responsibility of a retail electric provider (REP) to request such action from
				  the appropriate TDU, municipally owned utility, or electric cooperative in
				  accordance with that entity's relevant tariffs, in accordance with the
				  protocols established by the registration agent, and in compliance with the
				  requirements of this section. If a REP chooses to have a customer's electric
				  service disconnected, it must comply with the requirements in this section.
				  Nothing in this section requires a REP to request that a customer's service be
				  disconnected.
(b) Disconnection
				  authority.
(1) Any REP may authorize the
				  disconnection of a medium non-residential or large non-residential customer, as
				  that term is defined in §
											RSA
				  25.43 of this title (relating to Provider of
				  Last Resort (POLR)).
(2) Except as
				  provided in subsection (d) of this section, all REPs may authorize the
				  disconnection of residential and small non-residential customers pursuant to
				  commission rules. Prior to authorizing disconnections for non-payment in
				  accordance with this paragraph, a REP must:
(A) test all necessary electronic
				  transactions related to disconnections and reconnections of service;
				  and
(B) file an affidavit from an
				  officer of the company, in a project established by the commission for this
				  purpose, affirming that the REP understands and has trained its personnel on
				  the commission's rule requirements related to disconnection and reconnection,
				  and has adequately tested the transactions described in subparagraph (A) of
				  this paragraph.
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 25.485 - Customer Access and Complaint Handling

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This section contains a customer's entitlement to reasonable access to a retail
				  electric provider's (REP) or aggregator's representatives and identifies a
				  customer's ability make a complaint against a REP or aggregator. REPs and
				  aggregators are subject to processes of this section to ensure that retail
				  electric customers have the opportunity for impartial and prompt resolution of
				  disputes with REPs or aggregators.
(b) Customer access.
(1) A retail electric provider (REP) or
				  aggregator must ensure that customers have reasonable access to its service
				  representatives to make inquiries and complaints, discuss charges on customer's
				  bills, terminate competitive service, and transact any other pertinent
				  business.
(2) Telephone access must
				  be toll-free and must afford customers a prompt answer during normal business
				  hours.
(3) A REP must provide a
				  24-hour automated telephone message instructing the caller how to report any
				  service interruptions or electrical emergencies.
(4) A REP or aggregator must employ 24-hour
				  capability for accepting a customer's rescission of the terms of service by
				  telephone, under rights of cancellation in §
											25.474(j) of this
				  title (relating to Selection of Retail Electric Provider).
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 25.486 - Customer Protections for Brokerage Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to
				  all brokers.
(b) Definitions. The
				  following terms, when used in this section, have the following meanings unless
				  the context indicates otherwise:
(1)
				  Broker--As defined in § 25.112 of this title (relating to Registration of
				  Brokers).
(2) Brokerage
				  services--As defined in § 25.112 of this title.
(3) Client--A person who receives or solicits
				  brokerage services from a broker.
(4) Client agent--A broker who has the legal
				  right and authority to act on behalf of a client regarding the selection of,
				  enrollment for, or contract execution of a product or service offered by a
				  retail electric provider (REP), including electric service.
(5) Proprietary client information--Any
				  information that is compiled by a broker on a client or retail electric
				  customer that makes possible the identification of any individual client or
				  retail electric customer by matching such information with the client's or
				  customer's name, address, retail electric account number, type or
				  classification of retail electric service, historical electricity usage,
				  expected patterns of use, types of facilities used in providing service,
				  individual retail electric or brokerage services contract terms and conditions,
				  price, current charges, billing records, or any information that the client or
				  customer has expressly requested not be disclosed. Information that is redacted
				  or organized in such a way as to make it impossible to identify the client or
				  customer to whom the information relates does not constitute proprietary client
				  information.
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 25.487 - Obligations Related to Move-In Transactions

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to
				  all retail electric providers (REPs).
(b) Definition. For this section, the term
				  "safety-net process" means a process developed and implemented by the market
				  participants in the Texas retail electric market in 2002 to ensure that a
				  customer who moves into a premise receives electric service in a timely manner.
				  The safety-net process should be used for legitimate purposes and not to bypass
				  standard rules and processes.
(c)
				  Standard move-in request. A REP shall submit a move-in transaction to the
				  registration agent electronically, in accordance with applicable protocols and
				  guidelines of the independent organization to establish service for a new
				  customer.
(d) Safety-net move-in
				  request. In the event a REP does not receive a confirmation that the
				  transmission and distribution utility (TDU) has received the appropriate
				  move-in request transaction from the Electric Reliability Council of Texas
				  (ERCOT), and does not receive a valid move-in rejection, the REP shall submit
				  the move-in request using the safety-net process by noon on the business day
				  prior to the customer's move-in date.
(1) In
				  submitting a move-in request using the safety-net process, the REP establishes
				  its right to serve the customer at the premise identified by the electric
				  service identifier (ESI ID) from the date the TDU executes the move-in by
				  connecting service to the premise. The date the TDU executes the move-in by
				  connecting service to the premise is the effective date for all wires charges
				  and fees associated with that ESI ID. This date will also be the effective date
				  for the move-in when the applicable move-in electronic transactions are
				  processed. The TDU may bill monthly wires charges and fees to the REP
				  commencing with the effective date, but may not issue wires charges and fees or
				  consumption records until the REP submits the electronic transaction.
(2) The REP shall ensure that the standard
				  electronic move-in transaction is submitted to ERCOT in accordance with
				  applicable protocols on or before the fifth business day after submitting the
				  move-in through the safety net process, even if the physical move-in has
				  already taken place as a result of being submitted through the safety net
				  process. The REP, ERCOT, and the TDU shall work to ensure that the appropriate
				  premise information and enrollment response transaction is sent to and received
				  by the new REP and that the appropriate drop (due to switch request)
				  transaction is sent to the losing REP of record as shown in ERCOT's
				  systems.
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 25.488 - Procedures for a Premise with No Service Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to
				  all retail electric providers (REPs).
(b) Service to premise with no service
				  agreement. If a REP finds that a current occupant at a premise for which the
				  provider is shown as the REP of record in the ERCOT or TDU system is not the
				  customer with whom the REP currently has a service agreement for retail
				  electric service or the occupant is a customer whose prior service agreement
				  has expired or is no longer in effect:
(1)
				  the REP may establish service with the occupant. The REP shall obtain
				  verification of the occupant's authorization to establish service with the REP
				  consistent with the requirements of §
											RSA
				  25.474 of this title (relating to Selection
				  or Change of Retail Electric Provider); or
(2) the REP with disconnection authority may
				  issue a disconnection notice to the current occupant. The notice shall contain
				  the following:
(A) The date the disconnection
				  will occur, provided that the date shall not be sooner than ten days from the
				  date the notice is issued;
(B) What
				  actions the occupant must take if that occupant believes the notice is in error
				  or desires to establish service with the REP; and
(C) A statement that informs the occupant of
				  the right to obtain service from another licensed REP and that information
				  about other REPs can be obtained from the commission.
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 25.489 - Treatment of Premises with No Retail Electric Provider of Record

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to
				  all transmission and distribution utilities (TDUs) and retail electric
				  providers (REPs) in areas open to retail customer choice.
(b) Definition. For this section, the term
				  "no REP of record" means a premise that is receiving electricity equal to or
				  greater than 150 kilowatt-hours (kWh) in a single meter reading cycle, but for
				  which no REP is designated as serving the premise in the TDU's
				  system.
(c) Obligation of TDUs to
				  identify premises with no REP of record. Each TDU shall implement the following
				  procedures to identify those premises that have no REP of record:
(1) Each TDU shall prepare a No REP of Record
				  List on a monthly basis, identifying all premises with consumption equal to or
				  greater than 150 kilowatt hours (kWh) in a single meter reading cycle, but no
				  REP of record in the TDU's Customer Information System;
(2) Each TDU shall delete a premise from the
				  list if there is evidence of erroneous meter reads for the premise;
(3) Each TDU shall cross reference the list
				  with ERCOT's pending orders to identify any move-in transactions that indicate
				  that a REP is initiating service at a premise on the list and remove such
				  premises from the list;
(4) Each
				  TDU shall review safety-net move-in requests to initiate service and remove
				  such premises from the list; and
(5) Each TDU shall review its internal
				  systems for pending transactions and any correspondence from REPs claiming that
				  a premise should be assigned to the REP. Any corresponding matches of premises
				  shall be removed from the list.
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 25.490 - Moratorium on Disconnection on Move-Out

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to
				  all transmission and distribution utilities (TDUs) with respect to residential
				  customers.
(b) Moratorium on
				  disconnection on move-out. A TDU shall not disconnect a residential premise
				  after receiving a move-out transaction unless the requirements of subsection
				  (d) of this section have been met.
(c) Reporting requirement.
(1) A TDU shall report monthly to the
				  commission its success rate in processing standard electronic move-in requests
				  for residential customers. The success rate shall be measured based on whether
				  the meter read and energizing of the premise is accomplished on the scheduled
				  date. The report shall omit backdated move-in requests.
(2) A TDU shall also report to the commission
				  its success rate in processing requests for reconnection of electric service.
				  The success rate shall be measured based on whether the re-energizing of the
				  premise is accomplished on the scheduled date.
(3) The reports shall be filed with the
				  commission on or before the 15th day of the month following the last day of the
				  reporting month.
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 25.491 - Record Retention and Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. This section does not apply
				  to a municipally owned utility where it offers retail electric power or energy
				  outside its certificated service territory or to a retail electric provider
				  (REP) that is an electric cooperative.
(b) Record retention.
(1) Each REP and aggregator shall establish
				  and maintain records and data that are sufficient to:
(A) Verify its compliance with the
				  requirements of any applicable commission rules; and
(B) Support any investigation of customer
				  complaints.
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 25.492 - Non-Compliance with Rules or Orders; Enforcement by the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Noncompliance. An aggregator or retail
				  electric provider (REP) that fails to comply with the Public Utility Regulatory
				  Act (PURA) or commission order may, after notice and opportunity for hearing,
				  be subject to any and all of the following available under the law, including,
				  but not limited to:
(1) assessment of civil
				  and administrative penalties under PURA §15.023;
(2) civil penalties under PURA
				  §15.028;
(3) suspension or
				  revocation of the applicable certification or registration or denial of a
				  request for renewal or change in the terms associated with a certification;
				  and
(4) such other relief directed
				  to affected customers as allowed by law.
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 25.493 - Acquisition and Transfer of Customers from one Retail Electric Provider to Another

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
				  This section applies when a retail electric provider (REP) acquires customers
				  from another REP due to acquisition, merger, bankruptcy, or other similar
				  reason.
(b) Notice requirement. Any
				  REP other than a provider of last resort (POLR) that will acquire customers
				  from another REP due to acquisition, merger, bankruptcy, or any other similar
				  reason, shall provide notice the notice required by subsection (c) or (d) of
				  this section to every affected customer. The notice may be in a billing insert
				  or separate mailing, at least 30 days prior to the transfer. If legal or
				  regulatory constraints prevent the sending of advance notice, the notice shall
				  be sent promptly after all legal and regulatory impediments have been removed.
				  The POLR shall comply with the requirements of §
										RSA
				  25.43 of this title (relating to Provider of
				  Last Resort (POLR)). Transferring customers from one REP to another does not
				  require advance commission approval, unless the transfer is due to abandonment
				  of a REP. The acquiring REP shall also inform the commission or commission
				  staff of the acquisition of customers.
(c) Contents of notice for adverse changes in
				  terms of service. If the transfer of a customer will materially change the
				  terms of service for the affected customer in an adverse manner, the notice
				  shall:
(1) identify the current and acquiring
				  REP;
(2) explain the reasons for
				  the transfer of the customer's account to the new REP;
(3) explain that the customer may select
				  another REP without penalty due to the adverse change in the terms of service,
				  and if the customer desires to do so, that they should contact another
				  REP;
(4) identify the date that
				  customers will be or were transferred to the acquiring REP;
(5) provide the new terms of service,
				  including the Electricity Facts Label of the acquiring REP; and
(6) provide a toll-free number for a customer
				  to call for additional information and the identity of the party being
				  called.
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 25.497 - Critical Load Industrial Customers, Critical Load Public Safety Customers, Critical Care Residential Customers, and Chronic Condition Residential Customers

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  The following words and terms, when used in this section, shall have the
				  following meanings unless the context indicates otherwise.
(1) Critical Load Public Safety Customer--A
				  customer for whom electric service is considered crucial for the protection or
				  maintenance of public safety, including but not limited to hospitals, police
				  stations, fire stations, and critical water and wastewater
				  facilities.
(2) Critical Load
				  Industrial Customer--An industrial customer for whom an interruption or
				  suspension of electric service will create a dangerous or life-threatening
				  condition on the retail customer's premises, is a "critical load industrial
				  customer."
(3) Chronic Condition
				  Residential Customer--A residential customer who has a person permanently
				  residing in his or her home who has been diagnosed by a physician as having a
				  serious medical condition that requires an electric-powered medical device or
				  electric heating or cooling to prevent the impairment of a major life function
				  through a significant deterioration or exacerbation of the person's medical
				  condition. If that serious medical condition is diagnosed or re-diagnosed by a
				  physician as a life-long condition, the designation is effective under this
				  section for the shorter of one year or until such time as the person with the
				  medical condition no longer resides in the home. Otherwise, the designation or
				  re-designation is effective for 90 days.
(4) Critical Care Residential Customer--A
				  residential customer who has a person permanently residing in his or her home
				  who has been diagnosed by a physician as being dependent upon an
				  electric-powered medical device to sustain life. The designation or
				  redesignation is effective for two years under this section.
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 25.498 - Prepaid Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This section applies to retail electric providers (REPs) that offer a payment
				  option in which a customer pays for retail service prior to the delivery of
				  service and to transmission and distribution utilities (TDUs) that have
				  installed advanced meters and related systems. A REP may not offer prepaid
				  service to residential or small commercial customers unless it complies with
				  this section. The following provisions do not apply to prepaid service, unless
				  otherwise expressly stated:
(1)
											§
											RSA
				  25.479 of this title (relating to Issuance
				  and Format of Bills);
(2)
											§25.480(b), (e)(3), (h), (i), (j), and (k) of this title (relating to Bill
				  Payment and Adjustments); and
(3)
											§
											RSA
				  25.483 of this title (relating to
				  Disconnection of Service), except for §25.483(b)(2)(A) and (B), (d), and
				  (e)(1)-(6) of this title.
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 25.500 - Privacy of Advanced Metering System Information

Current through Reg. 49, No. 28; July 12, 2024
A transmission and distribution utility shall not sell,
					 share, or disclose information generated, provided, or otherwise collected from
					 an advanced metering system or meter information network, including information
					 used to calculate charges for service, historical load data, and any other
					 customer information; except the transmission and distribution utility may
					 share such information with an affiliated corporation as defined in §
										RSA 25.5
					 of this title (relating to Definitions), or other third-party entity, if the
					 information is to be used only for the purpose of:
(1) Providing electric utility service to the
				  customer; or
(2) Other
				  customer-approved services.