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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 15. PUBLIC UTILITIES AND CABLE TELEVISION |
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Chapter 15-3. CONSUMER RIGHTS AND RESPONSIBILITIES |
Section 15-327. CUSTOMER PROTECTION STANDARDS APPLICABLE TO ENERGY SUPPLIERS
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327.1This section sets forth billing, Deposit, Enrollment, Termination of Contract, supplier switching, advertising and minimum Contract standards that apply to Energy Suppliers, Marketers, Aggregators, and Consolidators licensed to provide competitive electric and gas services by the Public Service Commission of the District of Columbia. If a Customer has a Complaint about an alleged violation of this section, the Complaint procedures in § 320 of these regulations shall apply.
327.2An Energy Supplier may not engage in a marketing, advertising, Solicitation or trade practice that is unlawful, misleading, or deceptive as set forth in D.C. Code §28-3904.
327.3An Energy Supplier shall not engage in Cramming.
327.4An Energy Supplier shall not engage in Slamming.
327.5Any prohibition regarding the disclosure of Account status and Customer information should not preclude Energy Suppliers from obtaining or providing Account status and Customer information for acquisition or sale of a book of business as long as the review of such information during a proposed acquisition or sale is subject to confidentiality agreements.
327.6Any advertisement of energy supply that contains specific environmental claims must be supportable by documentation.
327.7Any Solicitation of an energy supply that contains any specific offering to a residential Customer must at a minimum include the following:
(a)The Energy Supplier’s name, address, telephone number, and web site address, if applicable;
(b)The Energy Supplier’s District of Columbia license number in a clear and conspicuous manner;
(c)The price offered for natural gas supply or electricity supply including all fixed and variable components and any restrictions on the time period the advertised price will be in effect;
(d)A statement that the advertised price is only for the specified natural gas supply or electricity supply and does not include any additional tax, Utility Distribution Service Charge, or other Utility fee or Charge;
(e)Any minimum Contract duration necessary to obtain an advertised price;
(f)A statement of minimum use requirements, if any; and
(g) If the advertisement offers several services and does not break out individual prices for the services, the following disclaimer must accompany the advertisement: “Disclaimer: This offer includes several services at a single price. You should compare this price to the total of the prices you currently pay for each of the individual services.”
327.8An electricity supply or gas supply Contract with a Customer shall, at a minimum, contain the following material terms and conditions:
(a) A list and description of the Contract services;
(b) A statement of minimum use requirements, if any;
(c) A description of any time of use restrictions, including the time of Day or season;
(d) A price description of each service, including all fixed and variable costs;
(e) A notice that the Contract does not include Utility Charges;
(f) A billing procedure description;
(g)In the case of consolidated billing, a notice that the Customer acknowledges that Customer billing and payment information may be provided to the Energy Supplier;
(h) A statement of Contract duration, including initial time period and any rollover provision;
(i) A Deposit requirement, if any, including: the amount of the Deposit; a description of when and under what circumstances the Deposit will be returned; a description of how the Deposit may be used; and a description of how the Deposit will be protected;
(j) A description of any fee or Charge and the circumstances under which a Customer may incur a fee or Charge;
(k) A statement that the Energy Supplier may terminate the Contract early including the circumstances under which early cancellation by the Energy Supplier may occur; the manner in which the Energy Supplier shall notify the Customer of the early cancellation of the Contract; the duration of the notice period before early cancellation; remedies available to the Customer if early cancellation occurs;
(l) A statement that the Customer may terminate the Contract early including the circumstances under which early cancellation by the Customer may occur; the manner in which the Customer shall notify the Energy Supplier of the early cancellation of the Contract; the duration of the notice period before early cancellation; and remedies available to the Energy Supplier if early cancellation occurs; and the amount of any early cancellation fee;
(m) A statement describing Contract renewal procedures, if any;
(n) A dispute resolution procedure;
(o) The Commission's telephone number and Internet address; and
(p) The Office of the People’s Counsel’s telephone number and Internet address.
327.9Telephone Solicitations shall be made only between the hours of 9 a.m. and 9 p.m.
327.10The party making the telephone Solicitation must begin the conversation by stating the following:
(a)His or her name;
(b)The name of the business or organization calling;
(c)The nature of the call, i.e., a Solicitation;
(d)A brief description of the subject-matter being solicited; and
(e)An offer to the Customer to hear the full Solicitation.
327.11Home Solicitations shall be limited to the hours between 9 a.m. and sunset. The soliciting party must produce a picture identification badge and begin the conversation by stating the following:
The name of the business or organization;
(a)The nature of the visit, i.e., a Solicitation;
(b)A brief description of the subject matter being solicited;
(c)Ask the Customer if he/she would like to hear the full Solicitation; and
(d)The soliciting Energy Supplier must include a statement under the conspicuous Caption: “BUYER’S RIGHT TO CANCEL” which states: “If this agreement was solicited at or near your residence, and you do not want the goods and services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before midnight on the third business Day after you signed this agreement. This notice must be mailed to: (name and address of seller). If you cancel, the seller may not keep any of your cash down payment.”
327.12If an Energy Supplier receives a request from a Customer not to receive Solicitations from that solicitor, the Customer shall no longer be contacted in the manner in which the Customer indicates including but not limited to, in-person Solicitation, telephone Solicitation, electronic Solicitation or any form of mail or post card by the solicitor.
327.13Nothing in these regulations will affect the applicability of any Federal or District telephone Solicitation and consumer protection laws and regulations including, but not limited to, the fines and penalties thereunder for violation of such laws and regulations.
327.14There are three (3) principal forms by which a Customer may enter into a Contract with an Energy Supplier:
(a) Over the telephone;
(b) Internet and other technological means; and
(c) A written Contract.
327.15An Energy Supplier may not use “negative option contracts,” in which Contracts are created if the customer takes no action. Therefore, an Energy Supplier may not enter into a Contract with a Customer if the Customer simply refrains from action.
327.16If a Customer wishes to enter into a Contract with an Energy Supplier, the Energy Supplier may request from the Customer the following information, by telephone, in writing, or Internet or other technological means:
(a)The customer’s name;
(b)Billing address;
(c)Service address;
(d)Electronic mail address;
(e)Telephone number;
(f)Utility Account number;
(g)Employment information; and
(h)Usage information.
327.17An Energy Supplier may ask for additional information beyond that specified in section 327.16 only after first informing the Customer of his or her right not to provide such information.
327.18An Energy Supplier must advise a Customer that he/she has the right to rescind the Contract agreement within a 3-day period.
327.19For the purpose of verifying a residential Customer’s intent to Contract with an Energy Supplier by telephone, an Energy Supplier must implement either:
(a) An Independent Third-Party telephone verification system; or
(b) An electronic recording system that maintains the entire recording with the Customer for the duration of the Contract.
327.20If an Energy Supplier elects to implement an independent third-party verification system, then the Independent Third-Party Verifier shall be required to ask the Customer the following questions:
(a)“Are you the Customer of record?”
(b)“Did you agree to switch your natural gas supply service or electric supply service to [New Supplier]?” and
(c)“Is [Customer’s address] your correct address?” or “Is [Customer’s Utility Account number] your correct Utility Account number?”
327.21An Energy Supplier may not transmit an Enrollment transaction to a Natural Gas or Electric Utility unless and until the Energy Supplier obtains either a positive third-party verification of the Customer’s intent to Contract or electronically records the entire conversation with the Customer on which the Contract is based.
327.22Once a positive verification has been obtained or an electronic recording has been made, the Energy Supplier will transmit the Enrollment transaction to the Natural Gas or the Electric Utility, whichever is appropriate.
327.23Once the Customer’s Contract choice is verified by an Independent Third-Party Verifier or an electronic recording is made, the Energy Supplier must within five (5) Business Days from the Day the Customer agreed telephonically to Contract with the Energy Supplier, provide to the Customer a complete written Contract, via U.S. mail or electronic mail.
327.24In the event of a dispute over the existence of a Contract, the Energy Supplier shall bear the burden of proving the Contract’s existence.
327.25A written Contract requires a written signature of the Customer.
327.26The Energy Supplier may post on its web site an electronic version of the solicitation for the supply of natural gas or electricity. The electronic solicitation must include:
(a)An electronic application form to enter into a contract for the supply of natural gas or electricity;
(b)An electronic version of the actual contract; and
(c)A link to the Commission’s web site to obtain the applicable rules and regulations governing the relationship between the Customer and the Energy Supplier.
327.27The Energy Supplier must advise the Customer of the right to rescind the contract agreement within a 3-day period. This information shall be prominently displayed on the website.
327.28The electronic submission of the application to Contract with the Energy Supplier constitutes a valid and binding “electronic signature.”
327.29If the Customer executes an electronic Contract, the Energy Supplier must acknowledge the Customer’s submission with a Confirmation of receipt of application within twenty-four (24) hours of receipt.
327.30All Enrollments via the Internet shall be initiated by the Customer. It is the responsibility of the Energy Supplier to provide its website address to the Utility and the Utility shall include such link on its website. The Energy Supplier shall include a website link of the Natural Gas Utility or Electric Utility on its website.
327.31For electronic contracting, the Energy Supplier’s website must be configured to prompt the Customer to print or save the Contract.
327.32During the Enrollment procedure, each web screen must clearly display a “Cancel” icon enabling the Customer to terminate the Enrollment transaction at any time. In addition, this feature must be explained to the Customer at the beginning of the Enrollment process.
327.33At the completion of the enrollment and verification process, and at the end of the 3-day rescission period, the Energy Supplier at the Customer’s request must provide a secure location on its website or a designated website where the Customer can verify that he or she has been enrolled in the Energy Supplier’s program.
327.34All electronic transactions and communications via the Internet between the Customer and the Energy Supplier shall be protected in such a manner as to ensure privacy of the Customer’s information.
327.35The Electric Utility shall accept the last Enrollment submitted by an Energy Supplier.
327.36By the ninth (9th) calendar Day of the month (or next Business Day, if the ninth day falls on a holiday or weekend), each Energy Supplier shall provide to the Natural Gas Utility a list of Customers to be supplied by that Energy Supplier beginning with the Customer’s Meter read date the following month.
327.37Once the Natural Gas Utility processes a Customer Enrollment from an Energy Supplier, the Natural Gas Utility shall not accept Enrollments from any other Energy Supplier for that Customer until Termination of Contract.
327.38If a Customer chooses to cancel his/her Contract, prior to the expiration of the Contract, that Customer must contact the Energy Supplier to make such a request, and the Energy Supplier shall process the Customer’s cancellation request to meet the Natural Gas Utility’s next available cancellation cycle and for electric service within two (2) Business Days after receipt of the cancellation request.
327.39Confirmation of a Customer’s intent to enroll with an electric supplier and the expiration of the 3-day Rescission Period must occur prior to the transmittal of an EDI enrollment transaction by the electric supplier to the electric Utility.
327.40Confirmation of a Customer’s intent to enroll with a natural gas supplier and the expiration of the 3-day Rescission Period must occur prior to the transmittal of an enrollment transaction by the gas supplier to the gas Utility.
327.41Upon an Energy Supplier’s Enrollment of a Customer with the Utility, the Energy Supplier must provide to the Customer, within a reasonable period of time the following:
(a)A statement of enrollment;
(b)A description of the agreed-upon billing option and the billing date if different from the Company’s usual billing date; and
(c)Customer service information (including toll-free telephone number, mailing address, and dispute resolution process information).
327.42If the Customer does not respond to the Rescission Notice within the 3-Day Rescission Period, the enrollment will be considered effective. The customer must notify the Energy Supplier, not the utility, of his or her intent to rescind the Contract.
327.43After the 3-Day Rescission Period expires and the enrollment is processed by the electric Utility, the relationship between the Customer and the electric supplier will be governed by the terms and conditions contained in the contract.
327.44The 3-Day Rescission Period begins on one of the following dates;
(a)When the Customer signs the contract;
(b)When the Customer transmits the electronic acceptance via the Internet; or
(c)When the Contract is mailed by the supplier the Rescission Period begins when the mail is postmarked.
327.45An Energy Supplier shall provide the Customer with a notice at least thirty-five (35) Days before expiration or termination of a Contract. The Energy Supplier’s expiration or termination notice shall include the following:
(a)Final Bill payment instructions;
(b) A statement informing the Customer that unless the Customer selects a new Energy Supplier, Termination of Contract shall return the Customer to the Utility; and
(c)The Commission’s telephone number and Internet address.
327.46If an Energy Supplier’s contract provides for automatic renewal of the contract:
(a)The Energy Supplier shall provide notice of the pending renewal of the Contract at least forty-five (45) Days before the renewal is scheduled to occur;
(b)Notice of any changes to the material terms and conditions (including billing option, Billing Cycle), must be provided within the forty-five (45) Day notice. The notification of renewal or of any change must be highlighted and clearly stated; and
(c)The forty-five (45) Day notice must inform the Customer how to terminate the Contract without penalty and advise the Customer that terminating the Evergreen Contract without selecting another Energy Supplier will return the Customer to Natural Gas Sales Service or electric Standard Offer Service. The notice must also inform the Customer that the Commission can provide the Customer with additional information on the energy supply choices available to the Customer. The telephone number and website for the Commission shall be included in the notice.
327.47At least 24 hours prior to any change, an Energy Supplier shall provide to the Commission current information regarding changes in its rates charges and services provided.
327.48An Energy Supplier shall post on its website information about its services and rates for Customers that is current and understandable.
327.49 An Energy Supplier shall not conduct Meter readings.
327.50To the extent that an Energy Supplier’s charges are based on usage, an Energy Supplier shall rely on the Meter reading (actual, estimated, or customer meter readings) provided to it by the respective Utility.
327.51An Energy Supplier may, at the election of a Customer, Bill a Customer in accordance with a level payment billing program. If an Energy Supplier utilizes the billing services of a Utility, an Energy Supplier may use the level payment plan as part of the Utility’s billing service. The Energy Supplier shall inform the Customer of this option and explain how the monthly payments are calculated. Prior to implementation of the plan, the Energy Supplier shall provide the Customer with the following information in writing:
(a)An acknowledgement that the Customer will be on the plan effective the next billing period;
(b)An estimate of the Customer’s use on an annual basis and an explanation of how the monthly payment has been calculated;
(c)An indication that the final bill for the plan effective period will reflect the last level payment installment adjusted for any difference between actual and budgeted usage. Amounts overpaid shall be credited to the customer’s account or refunded, if requested by the Customer. Amounts underpaid that are equal to or greater than the month payment may be paid in up to three (3) monthly installments; and
(d)Final bills are issued when either a Customer account is closed or in the case of Customers with third-party suppliers, the supply contract is closed or changed. Any budget plan in effect will be reconciled upon rendering the final Bill. Amounts underpaid will be due within 20 days of final bill rendering. Amounts overpaid may be refunded or credited to the Customer’s utility account within 20 days of final bill rendering.
327.52The Energy Supplier may perform a periodic analysis of a Customer’s level payment billing plan and notify the Customer, within twenty-one (21) Days thereafter, if actual usage varies significantly from that upon which the plan was based and give the Customer an opportunity for revision of the plan. If an Energy Supplier utilizes the billing services of a Utility, the Customer may have an opportunity for revision of the level payment plan at the same time as the Utility allows under the Utility’s level payment plan procedures or at a time designated by the Energy Supplier.
327.53If the Customer enters into a DPA with the Utility pursuant to §306, and the Energy Supplier utilizes the billing services of the Utility, the Utility may include the Energy Supplier's balance as part of its DPA.
327.54Any Energy Supplier that violates this section may be subject to Sanctions including license revocation upon notice given by the Commission.