|Commission Files Final Proposal on Competitive Supplier Rules|
The Commission filed its final proposal with the Office of Legislative Services on its revisions to the current Competitive Electric Power Supplier and Aggregator Rules. NEM filed comments on the original rule revision proposals when they were released early this year. The final proposal includes a number of positive revisions, reflecting the recommendations that NEM made in its comments. For instance, the proposed variable price disclosures were significantly modified to remove proposals to require disclosure of components of variable pricing structure and twelve months of historical pricing information, including a graphical display of such pricing. This was dropped in favor of disclosure of a "general description" of variable pricing components. The original proposal to require customer notice thirty days prior to a variable price increase of ten percent or more was changed to twenty five percent. Suppliers charging variable prices must post on a "publicly available website where residential and small commercial customers may readily obtain the applicable variable price per kWh no less than five calendar days in advance of the effective date."
Suppliers offering fixed price offers must include on their website and terms of service the "average monthly price" for service to residential and small commercial customers assuming different usage levels.
Importantly, the original proposal to effectively ban door-to-door enrollments by requiring customers to make a twenty four hour advance request for the solicitation, was dropped. Instead, the final proposal incorporates approved hours for door-to-door solicitation (Monday-Saturday 9AM to 7PM and Sunday 12PM to 6PM), written notice requirements, and a requirement for the door-to-door representative to leave the premises prior to any third party verification of enrollment. The final proposal also incorporates changes to the contract rescission period for residential and small commercial customers to extend the rescission period an additional five business days for door-to-door enrollments (when terms of service are provided electronically the rescission period extends from five business days to ten business days and when the terms of service are mailed the rescission period extends from five business days to eleven business days).
With respect to regulations pertaining to Commission enforcement procedures, the original proposal to require a supplier to sign a consent agreement, request a hearing or be deemed to have agreed with Commission findings within ten business days following the issuance of a Notice of Violation, was extended in the final proposal to fifteen business days.
The full text of the Final Proposal is available from NEM headquarters.