Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 312 - RULES GOVERNING RETAIL ACCESS TO COMPETITIVE ENERGY SERVICES › Section 20VAC5-312-70 - Marketing

Current through Register Vol. 40, No. 24, July 15, 2024
A. A competitive
				service provider shall provide, in any advertisements, solicitations, marketing
				materials, or customer service contracts, accurate, understandable information,
				in a manner that is not misleading. Any such materials specifying a price for
				electricity supply service or natural gas supply service shall include a
				statement to the effect that distribution service and other charges are not
				included.
B. A competitive service
				provider shall provide to a prospective residential customer, by mail or by
				electronic means, prior to, or contemporaneously with, the written contract, an
				estimated electricity supply service or natural gas supply service annual bill
				assuming average monthly usage of 1,000 kWh of electricity or 7.5 Mcf or 75
				therms of natural gas, including all fees and minimum or fixed charges,
				exclusive of any nonrecurring financial or nonfinancial incentives, and the
				total average price per kWh, Mcf, or therm based on the annual bill. If a
				competitive service provider's offer cannot be adequately described in such a
				manner or if the prospective customer is other than a residential customer, the
				competitive service provider shall furnish similar information that will allow
				prospective customers to reasonably compare the price of electricity supply
				service or natural gas supply service, if purchased from a competitive service
				provider, to the price of equivalent service provided by the local distribution
				company.
C. Customer service
				contracts shall include:
1. Price or, if the
				exact price cannot feasibly be specified, an explanation of how the price will
				be calculated;
2. Length of the
				service contract, including any provisions for automatic contract
				renewal;
3. Provisions for
				termination by the customer and by the competitive service provider including
				disclosure of any potential minimum stay requirements of the local distribution
				company;
4. A statement of any
				minimum contract terms, minimum or maximum usage requirements, minimum or fixed
				charges, any other charges, and any required deposit;
5. Applicable fees including, but not limited
				to, start-up fees, cancellation fees, late payment fees, and fees for checks
				returned for insufficient funds;
6.
				A notice of billing terms and conditions;
7. A toll-free telephone number and an
				address for inquiries and complaints;
8. A clear and conspicuous caption:
				"CUSTOMER'S RIGHT TO CANCEL," that shall appear on the front side of the
				contract, or immediately above the customer's signature, in bold face type of a
				minimum size of 10 points, and a statement under such caption that a customer
				may cancel the contract, without penalty, with the competitive service provider
				by notifying the competitive service provider or local distribution company
				prior to the close of business on the tenth day following the mailing of notice
				by the local distribution company of an enrollment request. Such statement
				shall be modified as appropriate for those customers that have specifically
				agreed with the competitive service provider to a shorter cancellation period
				as provided by subsection D of this section;
9. In a conspicuous place, confirmation of
				the customer's request for enrollment and the approximate date the customer's
				service shall commence;
10. A
				notice that, upon request by the customer, the competitive service provider
				shall provide a copy of its dispute resolution procedure; and
11. A notice that, upon any change in the
				terms and conditions of the contract, including any provisions governing price
				or pricing methodology, or assignment of the contract to another competitive
				service provider, the competitive service provider shall communicate such
				changes to the customer at least 30 days in advance of implementing such
				changes.