5135488 Public Service Commission - Notice of Proposed Rulemaking - Formal Case No. 712, In the Matter of the Investigation of the Public Service Commission's Rules of Practice and Procedure
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PUBLIC SERVICE COMMISSION OF THE DISTRICT OF COLUMBIA
NOTICE OF PROPOSED RULEMAKING
FORMAL CASE NO. 712, IN THE MATTER OF THE INVESTIGATION OF THE PUBLIC SERVICE COMMISSION’S RULES OF PRACTICE AND PROCEDURE
1. The Public Service Commission of the District of Columbia (“Commission”), pursuant to its authority under D.C. Official Code §§ 2-505 and 34-802 (2012 Repl.), hereby gives notice of its intent to adopt the following amendments to Chapter 3 (Consumer Rights and Responsibilities) of Title 15 (Public Utilities and Cable Television) of the District of Columbia Municipal Regulations (“DCMR”), commonly referred to as the “Consumer Bill of Rights” (“CBOR”). The Commission shall take final rulemaking action not less than forty-five (45) days after publication of this notice in the D.C. Register. The proposed rules clarify various requirements for Energy Suppliers.
Chapter 3, CONSUMER RIGHTS AND RESPONSIBILITIES, of Title 15, PUBLIC UTILITIES AND CABLE TELEVISION, of the DCMR is amended as follows:
Section 308, Use Of Customer’s Information is amended as follows:
308.3 Unless a Customer consents in writing, a Utility, Energy Supplier or Telecommunications Service Provider may not disclose or use information that is about the Customer or the Customer’s use of service except to the Commission.
308.4 It shall be the responsibility of the Utility, Energy Supplier or Telecommunications Service Provider to obtain and maintain the written Customer consent to disclose or use information about the Customer or the Customer’s use of service. A Customer’s consent shall be made available to the Commission upon request.
Section 309, Privacy Protection Policy, is amended as follows:
309.1 Each Utility, Energy Supplier or Telecommunications Service Provider shall institute a Privacy Protection Policy to protect against the unauthorized disclosure or use of information about a Customer or a Customer’s use of service. A copy of that Policy shall be provided to the Customer and to the Commission annually no later than February 1.
Section 321, Publication of Consumer Pamphlet, is amended as follows:
321.1 Each Utility, Energy Supplier, and Telecommunications Service Provider shall prepare a consumer pamphlet in English and Spanish in layman’s terms summarizing the rights and responsibilities of Customers in accordance with these and other applicable rules. Prior to distribution, each Utility, Energy Supplier, and Telecommunication Service Provider shall provide the Commission and OPC with a copy of the consumer pamphlet. OPC shall submit any comments on the consumer pamphlet to the Commission and to the Utility, Energy Supplier, and Telecommunication Service Provider within five (5) business days. If the Commission does not reject or otherwise act on the pamphlet within thirty (30) days of its filing, the consumer pamphlet shall be deemed approved.
Section 327, Customer Protection Standards Applicable to Energy Suppliers, is amended to read as follows:
327 CUSTOMER PROTECTION STANDARDS APPLICABLE TO ENERGY SUPPLIERS
327.1 This 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.
327.2 An 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.
327.3 An Energy Supplier shall not engage in Cramming.
327.4 An Energy Supplier shall not engage in Slamming.
327.5 Any 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.
327.6 Any advertisement of energy supply that contains specific environmental claims must be supportable by documentation.
327.7 Any 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 shall 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.”
327.8 An 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 shall be returned; a description of how the Deposit may be used; and a description of how the Deposit shall 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.
327.9 Telephone Solicitations shall be made only between the hours of 9 a.m. and 9 p.m.
327.10 The Person 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.
327.11 Home Solicitations shall be limited to the hours between 9 a.m. and sunset. The soliciting Person 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.”
327.12 If 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.
327.13 Nothing in these regulations shall 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.
327.14 There are four (4) principal ways in which a residential Customer may enter into a Contract with an Energy Supplier:
(a) Through a telephone solicitation;
(b) Through an Internet solicitation
(c) Through a home or other personal solicitation; or
(d) Through direct mail solicitation.
327.15 An 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.
327.16 If 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.
327.17 An Energy Supplier may ask for additional information beyond that specified in Subsection 327.16 only after first informing the Customer of his or her right not to provide such information.
327.18 An Energy Supplier must advise a Customer that he/she has the right to rescind the Contract agreement within a three (3) business day period and that the Rescission Period begins when the Customer signs the contract.
327.19 FOR A TELEPHONE SOLICITATION: If a residential Customer is solicited to enter into a contract by telephone, the Energy Supplier or its authorized representative must accurately tell the Customer the name of the Energy Supplier that is seeking its business and the name of company making the call if different from the Energy Supplier, must describe the rates, terms and conditions of the Contract, and must arrange to have the Customer’s intent to contract with the Energy Supplier independently verified. To verify a residential Customer’s intent to Contract with an Energy Supplier by telephone, an Energy Supplier must utilize either:
(a) An Independent Third-Party telephone verification system; or
(b) An electronic recording system that records the Customer’s Contract choice and maintains, for the duration of the Contract, the entire recording.
327.20 If 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?”
327.21 Once 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 via U.S. mail or electronic mail a complete written Contract to be signed, with instructions on how to return the signed contract. At this time the Energy Supplier shall also provide a copy of the Rescission Notice with instructions on how the Rescission Notice can be filed.
327.22 Once a positive verification has been obtained or an electronic recording has been made, and a signed written contract has been received from the customer, and after the rescission period has expired, the Energy Supplier shall transmit the Enrollment transaction to the Natural Gas or the Electric Utility, whichever is appropriate.
327.23 FOR AN INTERNET SOLICITATION: The Energy Supplier may post on its website an electronic version of its solicitation for the supply of natural gas or electricity. The electronic solicitation must include:
(a) An electronic application form for the Customer to enter into a Contract for the supply of natural gas or electricity;
(b) An electronic version of the actual Contract;
(c) A copy of the Energy Supplier’s Rescission Notice with instructions on how the Rescission Notice can be filed; and
(d) A link to the Commission’s website to obtain the applicable rules and regulations governing the relationship between the Customer and the Energy Supplier.
327.24 After the Customer completes the electronic application form, executes the electronic version of the actual Contract and submits the Contract with the electronic signature to the Energy Supplier, the Customer has three (3) business days from the electronic submission of the Contract with the electronic signature to rescind his or her Contract choice.
327.25 Upon receipt of the Customer’s electronic application and signed Contract and after the Rescission Period has expired, the Energy Supplier shall transmit the enrollment transaction to the Natural Gas Utility or the Electric Utility, whichever is appropriate.
327.26 FOR HOME OR OTHER PERSONAL SOLICITATIONS: If a residential Customer is solicited at home or by some other personal solicitation to enter into a contract, the Energy Supplier or its authorized agent must:
(a) Present the Customer with a photo identification card that identifies the name of the person making the solicitation and the name of the Energy Supplier that he or she is representing;
(b) Present the Customer with a complete copy of the written Contract being offered and obtain the Customer’s written signature;
(c) Provide the Customer with the Energy Supplier’s Rescission Notice giving notice of his or her right to rescind the Contract within three (3) business days from signing the Contract;
(d) Obtain either an Independent Third-Party telephone verification of the Customer’s intent to contract or an electronic recording that records the Customer’s Contract choice and maintain, for the duration of the Contract, the entire recording; and
(e) After the Rescission Period has expired, transmit the enrollment transaction to the Natural Gas Utility or the Electric Utility, whichever is appropriate.
327.27 FOR DIRECT MAIL SOLICITATIONS: If a residential Customer is solicited at home through a direct mail solicitation by an Energy Supplier:
(a) The mailing shall provide a toll free number and web address for a residential Customer to obtain specific information about the offer/contract from the Energy Supplier;
(b) If the Customer contacts the Energy Supplier by telephone, the Energy Supplier or its authorized representative must accurately tell the Customer the name of the Energy Supplier that is seeking its business and the name of the company taking the call if different from the Energy Supplier, orally describe the rates, terms and conditions of the Contract, and arrange to have the Customer’s intent to contract with the Energy Supplier independently verified. To verify a residential Customer’s intent to contract with an Energy Supplier by telephone, an Energy Supplier must utilize either:
(1) An Independent Third-Party telephone verification system; or
(2) An electronic recording system that records the Customer’s Contract choice and maintain, for the duration of the Contract, the entire recording;
(3) Once 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 via U.S. mail or electronic mail a complete written Contract to be signed, with instructions on how to return the signed contract. At this time, the Energy Supplier shall also provide a copy of the Rescission Notice with instructions on how the Rescission Notice can be filed.
(c) If the Customer contacts the Energy Supplier through an internet website, the Energy Supplier shall post on its website an electronic version of the solicitation contained in the direct mailing. In addition, the website solicitation must include:
(1) An electronic application form for the Customer to enter into a Contract for the supply of natural gas or electricity;
(2) An electronic version of the actual Contract;
(3) A copy of the Energy Supplier’s Rescission Notice with instructions on how the Rescission Notice can be filed; and
(4) A link to the Commission’s website to obtain the applicable rules and regulations governing the relationship between the Customer and the Energy Supplier.
(d) If the Customer contacts the Energy Supplier by returning a response through the mail, the Energy Supplier may contact the Customer by telephone or by the internet, and shall:
(1) provide the Customer with a description of the rates, terms and conditions of the Contract, and arrange to have the Customer’s intent to contract with the Energy Supplier independently verified. To verify a residential Customer’s intent to contract with an Energy Supplier by telephone, an Energy Supplier must utilize either:
(a) An Independent Third-Party telephone verification system; or
(b) An electronic recording system that records the Customer’s Contract choice and maintains, for the duration of the Contract, the entire recording;
(c) Once 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 via U.S. mail or electronic mail a complete written Contract to be signed, with instructions on how to return the signed contract and a copy of the Energy Supplier’s Rescission Notice; or
(2) post on its website an electronic version of the solicitation contained in the direct mailing. The website version of the solicitation must include:
(a) An electronic application form for the Customer to enter into a Contract for the supply of natural gas or electricity;
(b) An electronic version of the actual Contract;
(c) A copy of the Energy Supplier’s Rescission Notice with instructions on how the Rescission Notice can be filed; and
(d) A link to the Commission’s website to obtain the applicable rules and regulations governing the relationship between the Customer and the Energy Supplier.
(3) Present the Customer with a complete copy of the written Contract being offered and obtain the Customer’s electronic or written signature.
327.28 Upon receipt of the Customer’s signed contract, and after the rescission period has expired, the Energy Supplier shall transmit the Enrollment transaction to the Natural Gas or the Electric Utility, whichever is appropriate.
327.29 In the event of a dispute over the existence of a Contract, the Energy Supplier shall bear the burden of proving the Contract’s existence.
327.30 The written Contract shall contain the written signature of the Customer of record.
327.31 When using any of the permitted forms of solicitation, the Energy Supplier shall provide the Customer with a Rescission Notice, notifying the Customer of his or her right to rescind the Contract within three (3) business days from the Customer’s signing of the Contract for an Internet Solicitation or a Home or Other Personal Solicitation expires or within five (5) business days from a Telephone Solicitation. The three (3) business-day rescission period begins on the date that the Customer signs his or her Contract and terminates at midnight on the third business day. The five (5) business-day rescission period begins on the date that the Customer signs his or her Contract and terminates at midnight on the fifth business day.
327.32 After the Customer completes the electronic application form, executes the electronic version of the actual Contract and submits the Contract with the electronic signature to the Energy Supplier, the Customer has three (3) business days from the electronic submission of the Contract with the electronic signature to rescind his or her Contract choice.
327.33 Upon receipt of the Customer’s electronic application and signed Contract and after the Recession Period has expired, the Energy Supplier shall transmit the enrollment transaction to the Natural Gas Utility or Electric Utility, whichever is appropriate.
327.34 For purposes of these rules, the electronic submission of the application to contract with the Energy Supplier constitutes an “electronic signature” and an executed Contract.
327.35 If the Customer submits an electronic application and electronic Contract, the Energy Supplier must acknowledge the Customer’s submission with a Confirmation of receipt of the application and Contract within twenty-four (24) hours of receipt.
327.36 It is the responsibility of the Energy Supplier to provide its website address to the Natural Gas Utility or Electric Utility and the Natural Gas Utility or Electric Utility shall include such link on its website. The Energy Supplier shall include on its website a link to the website of the Natural Gas Utility or Electric Utility.
327.37 For electronic contracting, the Energy Supplier’s website must be configured to prompt the Customer to print or save a copy of the Contract.
327.38 During the electronic enrollment procedure, each web screen must clearly display a “Cancel” icon enabling the Customer to terminate the Enrollment transaction at any time. In addition, the cancellation feature must be clearly explained to the Customer at the beginning of the electronic enrollment process.
327.39 At the completion of the electronic enrollment process, and at the end of the three (3) business day rescission period, the Energy Supplier, at the Customer’s request, shall provide a secure website location or a telephone number where the Customer can verify that he or she has been enrolled in the Energy Supplier’s program.
327.40 The Energy Supplier must have a Privacy and Security Policy and all electronic transactions and communications via the Internet between the Customer and the Energy Supplier shall be protected in such a manner as to ensure the privacy of the Customer’s information.
327.41 The Electric Utility shall transfer a Customer to a competitive electricity supplier in no later than 3 business days, when a Customer applies by Internet, Home, or Other Solicitation, or 5 business days, when a Customer applies by telephone, after receiving the notice of an enrollment transaction from the competitive electricity supplier. The Electric Utility shall transfer a customer to Standard Offer Service in no later than 3 business days, when a Customer applies by Internet, Home, or Other Solicitation, or 5 business days, when a Customer applies by telephone, after receiving the Customer’s request.
327.42 By 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 of natural gas service shall provide to the Natural Gas Utility a list of Customers to be supplied by that Energy Supplier beginning on the Customer’s Meter read date the following month.
327.43 Once the Natural Gas Utility processes a Customer Enrollment from an Energy Supplier, the Natural Gas Utility shall not accept another Enrollment from any other Energy Supplier for that Customer until it receives notice of the Termination of the Customer’s Contract.
327.44 If a Customer chooses to cancel his or her Contract, prior to the expiration of the Contract and after the expiration of the Rescission Period, the Customer must contact the Energy Supplier to make such a request, and the Energy Supplier shall process the Customer’s cancellation request. The Energy Supplier shall process a cancellation request for natural gas service in sufficient time to meet the Natural Gas Utility’s next available cancellation cycle, or shall process a cancellation request for electric service within two (2) Business Days after receipt of the cancellation request.
327.45 Confirmation of a Customer’s intent to enroll with an electric supplier after receipt of an executed contract and after the expiration of the 3 business day Rescission Period for an Internet Solicitation, a Home Solicitation, an Other Personal Solicitation, a Direct Mail Solicitation, or the 5 business day Rescission Period for a Telephone Solicitation, shall occur prior to the transmittal of an Electronic Data Interchange (“EDI”) Transaction by the electric supplier to the Electric Utility.
327.46 Confirmation of a Customer’s intent to enroll with a natural gas supplier after receipt of an executed contract and after the expiration of the 3-business day Rescission Period for an Internet Solicitation, a Home Solicitation, Other Personal Solicitation, Direct Mail Solicitation, or the 5-business day Rescission Period for a Telephone Solicitation, shall occur prior to the transmittal of an enrollment transaction by the gas supplier to the gas Utility.
327.47 Upon an Energy Supplier’s Enrollment of a Customer, the Energy Supplier shall 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 Company’s billing date; and
(c) Customer service information (including toll-free telephone number, mailing address, and dispute resolution process information).
327.48 The Customer must notify the Energy Supplier, not the Utility, of his or her intent to rescind the Contract within the Rescission Period. If the Customer does not submit a Rescission Notice within the 3-business day Rescission Period for an Internet Solicitation or a Home or Other Personal Solicitation or within the 5 business day Rescission Period for a Telephone Solicitation, the enrollment shall be considered effective. If the Customer notifies the Energy Supplier of his or her intent to rescind the Contract within the 3-business day Rescission Period for an Internet Solicitation or a Home or Other Personal Solicitation or within the 5 business day Rescission Period for a Telephone Solicitation, the Contract is deemed invalid and non-binding.
327.49 After the 3 business day Rescission Period for an Internet Solicitation or a Home or Other Personal Solicitation expires or after the 5-business day Rescission Period for a Telephone Solicitation expires and the Enrollment is processed by the Utility, the relationship between the Customer and the Energy Supplier shall be governed by the terms and conditions contained in the Contract.
327.50 An Energy Supplier shall provide the Customer with written notice of Contract expiration or termination at least thirty-five (35) Days before the expiration or termination of the current Contract. The Energy Supplier’s written 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 website address.
327.51 If an Energy Supplier’s Contract provides for voluntary renewal of the Contract or for automatic renewal of the Contract (also known as an “Evergreen Contract”):
(a) The Energy Supplier shall provide written notice to the Customer of the pending renewal of the Contract at least forty-five (45) Days before the renewal is scheduled to occur;
(b) Written notice of any changes to the material terms and conditions (including, but not limited to, changes to the rate, the billing option or the Billing Cycle), must be provided with or before the forty-five (45) Day written notice. The notification of renewal and of any change in Contract terms must be highlighted and clearly stated; and
(c) If the Contract is an Evergreen Contract, the forty-five (45) Day written notice shall inform the Customer how to terminate the Contract without penalty and advise the Customer that terminating the Evergreen Contract without selecting another Energy Supplier shall return the Customer to Natural Gas Sales Service or electric Standard Offer Service. The written notice shall also inform the Customer that the Commission has additional information on the energy supply choices available to the Customer. The telephone number and website for the Commission shall be included in the written notice.
327.52 At least twenty-four (24) hours prior to making changes to its rates, charges and services, an Energy Supplier shall provide the Commission Secretary with information regarding the changes in its rates, charges and services that are being made so that the Commission has current information about the Energy Supplier.
327.53 An Energy Supplier shall post on its website current and understandable information about its rates, charges and services.
327.54 An Energy Supplier shall not conduct Meter readings.
327.55 To 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.
327.56 An Energy Supplier may, at the election of a Customer, bill a Customer in accordance with a level payment billing plan. 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 level payment billing plan, the Energy Supplier shall provide the Customer with the following information in writing:
(a) An acknowledgement that the Customer shall be on the level payment billing 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 level payment billing plan effective period shall reflect the last level payment billing plan 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 monthly 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 a Customer with an Energy Supplier, the supply contract is closed or changed. Any level payment billing plan in effect shall be reconciled upon rendering the final Bill. Amounts underpaid shall be due within twenty (20) days of final bill rendering. Amounts overpaid shall be refunded or credited to the Customer’s utility account within twenty (20) days of final bill rendering.
327.57 The 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 level payment billing plan was based and give the Customer an opportunity for revision of the level payment billing plan. If an Energy Supplier utilizes the billing services of a Utility, the Customer may have an opportunity for revision of the level payment billing plan at the same time as the Utility allows under the Utility’s level payment billing plan procedures or at a time designated by the Energy Supplier.
327.58 If the Customer enters into a Deferred Payment Agreement (“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.
327.59 Any Energy Supplier that violates this section, either directly or through its agent, may be subject to Penalties and Sanctions, including license revocation, upon notice given by the Commission.
Section 399, DEFINITIONS, is amended as follows:
399.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed:
Energy Supplier: a person, including an Electricity Supplier, Natural Gas Supplier, Aggregator, Broker, or Marketer, who generates or produces natural gas or electricity, sells natural gas or electricity, or purchases, brokers, arranges, or markets natural gas or electricity for sale to customers. The term excludes the following: (A) building owners, lessees, or managers who manage the internal distribution system serving such building and who supply natural gas or electricity solely to occupants of the building for use by the occupants; (B)(i) any person who purchases natural gas or electricity for its own use or for the use of its subsidiaries or affiliates; or (ii) any apartment building or office building manager who aggregates natural gas or electric service requirements for his or her building(s), and who does not: (I) take title to natural gas or electricity; (II) market natural gas or electric services to the individually-metered tenants of his or her building; or (III) engage in the resale of natural gas or electric services to others; (C) property owners who supply small amounts of power, at cost as an accommodation to lessors or licensees or the property; and (D) a Consolidator.
Slamming (for Energy Suppliers): the practice of switching, or causing to be switched, a Customer’s natural gas or electric supplier Account without the express informed consent of the Customer.
2. All persons interested in commenting on the subject matter of this proposed rulemaking action may submit written comments and reply comments not later than thirty (30) and forty-five (45) days, respectively, after publication of this notice in the D.C. Register with Brinda Sedgwick-Westbrook, Commission Secretary, Public Service Commission of the District of Columbia, 1333 H Street, N.W., West Tower, Suite 200, Washington, DC 20005. Copies of the proposed rules may be obtained by visiting the Commission’s website at www.dcpsc.org or at cost, by contacting the Commission Secretary at the address provided above.
