Or. Admin. R. 860-038-0420 - Electricity Service Supplier Consumer Protection
(1) All advertising and marketing activities
by electricity service suppliers must be truthful, not misleading, and in
compliance with Oregon's Unfair Trade Practices Act (ORS
646.605 through
646.656).
(2) No person or entity may offer to sell
electricity services available pursuant to direct access unless it has been
certified by the Commission as an ESS.
(3) Sections (3) through (6) of this rule do
not apply when a consumer is changing suppliers. Sections (3) through (6) apply
when an ESS is discontinuing service to a consumer. An ESS must give its
customers at least 10 business days written notice, as prescribed in section
(5) of this rule, before the ESS may discontinue service.
(4) The written notice of intent to
discontinue service to the ESS customer must be printed in boldface type and
must state in easy to understand language:
(a) The name and contact information of the
ESS and the service location intended to be discontinued;
(b) The reasons for the proposed
discontinuance;
(c) The earliest
date for discontinuance; and
(d)
The amount necessary to be paid to avoid discontinuance of services, if
applicable.
(5) The ESS
must serve the notice of discontinuance in person or send it by first class
mail to the last known address of the ESS customer. Service is complete on the
date of personal delivery or, if service is by U. S. mail, on the day after the
U. S. Postal Service postmark or the day after the date of postage metering.
(6) Not less than 10 business days
prior to discontinuance of service to an ESS customer, the ESS must notify the
serving electric company, by mutually acceptable means, that the ESS will no
longer be supplying energy to that ESS customer. If an ESS and a consumer waive
the 10-day notice, pursuant to section (8) of this rule, the ESS must still
notify the electric company of its intent to discontinue a consumer's service
as soon as it notifies the consumer that service is to be discontinued. The
written notice must contain the following:
(a) Name and contact information of the ESS
that is discontinuing service, the consumer's name, account number, service
location and, if applicable, the electric company's unique location identifier;
(b) Earliest date for
discontinuance; and
(c) Necessary
information applicable to the transfer of the consumer's service.
(7) This section of this rule
applies to any alleged violation of the rules in Division 038 applicable to
electricity service suppliers.
(a) When a
dispute occurs between an ESS customer and an ESS about any charge or service,
the ESS must acknowledge the dispute with a response to the customer within 5
calendar days. The ESS must thoroughly investigate the matter and report the
results of its investigation to the ESS customer within 15 calendar days. If
the ESS is unable to resolve the matter within 15 calendar days, the ESS must
advise the customer of the option to request internal supervisory review of
unregulated disputes and to request the Commission's assistance in resolving a
dispute within the Commission's jurisdiction;
(b) An ESS customer may request the
Commission's assistance in resolving a dispute within the Commission's
jurisdiction by contacting the Commission's Consumer Services Division. The
Commission must notify the electricity service supplier upon receipt of such a
request;
(c) The Commission's
Consumer Services Division will assist the complainant and the electricity
service supplier in an effort to reach an informal resolution of the dispute.
The ESS must provide the Commission with the necessary information to assist in
resolving the dispute. The ESS must answer the registered ESS dispute within 15
calendar days of service of the complaint;
(d) If a registered ESS dispute cannot be
resolved informally, the Commission's Consumer Services Division will advise
the complainant of the right to file a formal written complaint.
(A) The formal written complaint must state
the facts of the dispute and the relief requested and must be filed with the
Filing Center in compliance with the rules regarding confidential information
and filing set out in OAR 860-001-0070, 860-001-0140 through 860-001-0150,and
860-001-0170.
(B) The formal
complaint must be filed with the Filing Center at PUC.FilingCenter@state.or.us.
If complainant does not have access to electronic mail, the complaint may be
mailed, faxed, or delivered to the Filing Center at the address set out in OAR
860-001-0140, and the formal complaint must include a request for waiver of the
electronic filing and service requirements.
(C) The Commission will serve the complaint
on the ESS. The Commission may electronically serve the ESS with the complaint
if the electronic mail address is verified prior to service of the complaint
and the delivery receipt is maintained in the official file.
(D) The ESS must answer the complaint within
15 calendar days of service of the complaint by the Commission.
(E) The Commission will set the matter for
expedited hearing. A hearing may be held on less than 10 calendar days' notice
when good cause is shown. Notice of the hearing will be provided to the
complainant and the ESS at least 12 hours before the date and time of the
hearing.
(F) Filing dates for
formal complaint proceedings are calculated and enforced per OAR 860-001-0150.
(8) Within
the terms of a written contract, a customer and an ESS may agree to
arrangements other than those specified in sections (3), (4), (5), and (6) of
this rule, if the following requirements are met:
(a) The contract must include an exact copy
of the paragraphs in subsection (8)(b) of this rule. The paragraphs must be in
bold type of at least 12-font size. Immediately following the paragraphs, there
must be a line for the consumer's signature and the date.
(b) The agreement must contain the following
notice: IF YOU SIGN THIS AGREEMENT, YOU MAY GIVE UP CERTAIN RIGHTS YOU HAVE
UNDER OAR 860-038-0420(3) through (6). These rules state: The ESS must insert
the complete text of OAR 860-038-0420(3) through (6). THIS MAY AFFECT YOUR
ABILITY TO ARRANGE FOR OTHER ENERGY SERVICE.
Notes
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS 756.040 & 757.600 - 757.667
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