20 Va. Admin. Code § 5-312-80 - Enrollment and switching
A. A
competitive service provider may offer to enroll a customer upon:
(i) receiving a license from the State
Corporation Commission;
(ii)
receiving EDI certification as required from the VAEDT or completing other data
exchange testing requirements as provided by the local distribution company's
tariff approved by the State Corporation Commission, including the subsequent
provision of a sample bill as required by
20VAC5-312-20 L; and
(iii) completing registration with the local
distribution company.
B.
A competitive service provider may enroll, or modify the services provided to,
a customer only after the customer has affirmatively authorized such enrollment
or modification. A competitive service provider shall maintain adequate records
allowing it to verify a customer's enrollment authorization. Examples of
adequate records of enrollment authorization include:
(i) a written contract signed by the
customer;
(ii) a written statement
by an independent third party that witnessed or heard the customer's verbal
commitments;
(iii) a recording of
the customer's verbal commitment; or
(iv) electronic data exchange, including the
Internet, provided that the competitive service provider can show that the
electronic transmittal of a customer's authorization originated with the
customer. Such authorization records shall contain the customer's name and
address; the date the authorization was obtained; the name of the product,
pricing plan, or service that is being subscribed; and acknowledgment of any
switching fees, minimum contract terms or usage requirements, or cancellation
fees. Such authorization records shall be retained for at least 12 months after
enrollment and shall be provided within five business days upon request by the
customer or the State Corporation Commission.
C. A competitive service provider shall send
a written contract to a customer prior to, or contemporaneously with, sending
the enrollment request to the local distribution company.
D. Upon a customer's request, a competitive
service provider may re-enroll such customer at a new address under the
existing contract, without acquiring new authorization records, if the
competitive service provider is licensed to provide service to the customer's
new address and is registered with the local distribution company.
E. The local distribution company shall
advise eligible customers initiating new service of the customer's right and
opportunity to choose a competitive service provider.
F. In the event that multiple enrollment
requests are submitted regarding the same customer within the same enrollment
period, the local distribution company shall process the first one submitted
and reject all others for the same enrollment period.
G. Except as otherwise provided by the local
distribution company's tariff approved by the State Corporation Commission, the
competitive service provider shall submit an enrollment request to the local
distribution company at least 15 days prior to the customer's next scheduled
meter reading date for service to be effective on that meter reading date. For
an enrollment request received less than 15 days prior to the customer's next
scheduled meter reading date, service shall be effective on the customer's
subsequent meter reading date, except as provided by subsection H of this
section.
H. A competitive service
provider may request, pursuant to the local distribution company's tariff, a
special meter reading, in which case the enrollment may become effective on the
date of the special meter reading. The local distribution company shall perform
the requested special meter reading as promptly as working conditions
permit.
I. Upon receipt of an
enrollment request from a competitive service provider, the local distribution
company shall, normally within one business day of receipt of such notice, mail
notification to the customer advising of the enrollment request, the
approximate date that the competitive service provider's service commences, and
the caption and statement as to cancellation required by
20VAC5-312-70 C 8. The customer
shall have until the close of business on the tenth day following the mailing
of such notification to advise the local distribution company to cancel such
enrollment without penalty.
J. In
the event a competitive service provider receives a cancellation request within
the cancellation period provided by
20VAC5-312-70 C 8 or
20VAC5-312-70 D, it shall notify,
by any means specified by the VAEDT or as otherwise provided by the local
distribution company's tariff approved by the State Corporation Commission, the
local distribution company of the customer's cancellation in order to terminate
the enrollment process.
K. In the
event the local distribution company receives notice of a cancellation request
from a competitive service provider or a customer within the cancellation
period provided by
20VAC5-312-70 C 8 or
20VAC5-312-70 D, the local
distribution company shall terminate the enrollment process by any means
specified by the VAEDT or as otherwise provided by the local distribution
company's tariff approved by the State Corporation Commission.
L. In the event a customer terminates a
contract beyond the cancellation period as provided by
20VAC5-312-70 C 8 and
20VAC5-312-70 D, the competitive
service provider or the local distribution company shall provide notice of
termination to the other party by any means specified by the VAEDT or as
otherwise provided by the local distribution company's tariff approved by the
State Corporation Commission.
M. If
a competitive service provider terminates an individual contract for any
reason, including expiration of the contract, the competitive service provider
shall provide notice of termination to the local distribution company by any
means specified by the VAEDT or as otherwise provided by the local distribution
company's tariff approved by the State Corporation Commission and also shall
send written notification of such termination, for reasons other than
nonpayment, to the customer at least 30 days prior to the date that service to
the customer is scheduled to terminate. A competitive service provider shall
send written notification to the customer for termination for nonpayment at
least 15 days prior to the date that service to such customer is scheduled to
terminate.
N. If the local
distribution company is notified by a competitive service provider that the
competitive service provider will terminate service to a customer, the local
distribution company shall respond to the competitive service provider by any
means specified by the VAEDT or as otherwise provided by the local distribution
company's tariff approved by the State Corporation Commission to acknowledge
(i) receipt of the competitive service provider's notice, and (ii) the date
that the competitive service provider's service to the customer is scheduled to
terminate. Additionally, the local distribution company shall send written
notification to the customer, normally within five business days, that it was
so informed and describe the customer's opportunity to select a new supplier.
The local distribution company shall inform the affected customer that if the
customer does not select another competitive service provider, the local
distribution company shall provide the customer's electricity supply service or
natural gas supply service pursuant to the prices, terms, and conditions of its
tariffs approved by the State Corporation Commission.
O. If a competitive service provider decides
to terminate service to a customer class or to abandon service within the
Commonwealth, the competitive service provider shall provide at least 60 days
advanced written notice to the local distribution company, to the affected
customers, and to the State Corporation Commission.
P. If the local distribution company issues a
final bill to a customer, the local distribution company shall notify, by any
means specified by the VAEDT or as otherwise provided in the local distribution
company's tariff approved by the State Corporation Commission, the customer's
competitive service provider.
Q.
The local distribution company may require a 12-month minimum stay period for
electricity customers with an annual peak demand of 500 kW or greater. If the
local distribution company does not offer an approved tariff for electric
energy provided 100% from renewable energy pursuant to § 56-577A 5 of the
Code of Virginia, such electricity customers that return to service provided by
the local distribution company as a result of a competitive service provider's
abandonment of service in the Commonwealth may choose another competitive
service provider at any time without the requirement to remain for the minimum
stay period of 12 months. For individual or aggregated customers greater than 5
MW and pursuant to § 56-577A 3 c of the Code of Virginia such electricity
customers choosing to purchase supply service from a licensed supplier after
December 31, 2008, may return to service provided by the local distribution
company upon five years' written notice and at the prices, terms, and
conditions of the tariffs approved by the State Corporation Commission.
Alternatively, such electricity customers may seek an exemption from the State
Corporation Commission to provide less than five years' notice and, if such
exemption is granted, return to service provided by the local distribution
company at prices based on market-based costs pursuant to § 56-577A 3
d.
R. The local distribution
company may, upon a proper showing with evidence acquired by actual experience,
apply for approval from the State Corporation Commission to implement
alternative minimum stay period requirements. If the applicant proposes to
lower the applicability limit below 500 kW, such application shall include at a
minimum, the detailed information prescribed by the State Corporation
Commission in the text of its Final Order in Case No. PUE010296, or as may be
revised in a subsequent order.
S.
The local distribution company electing to implement a minimum-stay period in
conformance with this chapter shall notify, in writing, applicable customers at
least 30 days in advance of such implementation date and within each subsequent
notification letter as required by
20VAC5-312-80 I. Electricity
customers who have selected a competitive service provider prior to the local
distribution company's notice of implementing a minimum-stay period will not be
subject to the minimum stay period until such time as the customer renews an
existing contract or chooses a new competitive service provider.
Notes
Statutory Authority
§§ 12.1-13 and 56-576 of the Code of Virginia.
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