2020 -- H 7110 | |
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LC003054 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO PUBLIC UTILITIES AND CARRIERS -- NONREGULATED POWER | |
PRODUCER CONSUMER BILL OF RIGHTS | |
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Introduced By: Representatives Ruggiero, Jacquard, Blazejewski, Craven, and Handy | |
Date Introduced: January 15, 2020 | |
Referred To: House Corporations | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 39-26.7-5 of the General Laws in Chapter 39-26.7 entitled |
2 | "Nonregulated Power Producer Consumer Bill of Rights" is hereby amended to read as follows: |
3 | 39-26.7-5. Certain customer rights. |
4 | (a) An electric-distribution company shall transfer a residential customer to the standard- |
5 | offer service rate not later than the next billing cycle after receipt of a request from a residential |
6 | customer eligible for standard-offer service. |
7 | (b) The electric-distribution company shall not be liable for any contract termination fees |
8 | that may be assessed by the nonregulated power producer. |
9 | (c) An electric-distribution company shall transfer a residential customer to the electric- |
10 | generation-service rate of a nonregulated power producer not later than the next billing cycle after |
11 | the electric-distribution company receives from the nonregulated power producer a successful |
12 | enrollment of such residential customer, unless the notification is not received by the electric- |
13 | distribution company in accordance with its commission-approved terms and conditions on file |
14 | with the division and commission. |
15 | (d) Notwithstanding any other provision of the general laws, nothing shall prohibit a |
16 | residential customer who moves from one dwelling to another dwelling within the state from |
17 | immediately receiving electric-generation service from a nonregulated power producer, provided |
18 | the customer was receiving service from a nonregulated power producer immediately prior to |
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1 | such move. |
2 | (e) The electric-distribution company shall include in its terms and conditions, subject to |
3 | review and approval by the commission, conditions for release of customer information to a |
4 | nonregulated power producer. |
5 | (f) Customers shall be entitled to any available, individual information about their loads |
6 | or usage at no cost. |
7 | (g) On or before January 1, 2017, the division shall initiate a rulemaking proceeding to |
8 | develop a standard summary form of the material terms and conditions of the contract for |
9 | electric-generation services signed by a residential customer. Such form shall include, but not be |
10 | limited to, the following: |
11 | (1) A description of the rate the customer will be paying; |
12 | (2) Whether such rate is a fixed or variable rate; |
13 | (3) The term and expiration date of such rate; |
14 | (4) Whether the contract will automatically renew; |
15 | (5) A notice describing the customer's right to cancel the service, including the right to |
16 | schedule the cancellation of service on a date certain at any time during the contract period, as |
17 | provided in this section; |
18 | (6) Information on air emissions and resource mix of generation facilities operated by and |
19 | under long-term contract to the nonregulated power producer; |
20 | (7) The trade name of the nonregulated power producer; |
21 | (8) The toll-free telephone number for customer service of the nonregulated power |
22 | producer; |
23 | (9) The internet website of the nonregulated power producer; |
24 | (10) The toll-free telephone number for customer complaints of the division; and |
25 | (11) Any other information required by the division. Upon the division's filing of |
26 | regulations pursuant to this section, the commission shall initiate a rulemaking proceeding to |
27 | repeal any rules that overlap with the regulations filed by the division. |
28 | (h) On and after January 1, 2017, each nonregulated power producer shall, prior to |
29 | initiation of electric-generation services, provide the potential residential customer with a |
30 | completed summary form developed pursuant to this section. Each nonregulated power producer |
31 | shall, prior to the initiation of electric-generation services, provide the potential commercial or |
32 | industrial customer with a written notice describing the rates; information that complies with § |
33 | 39-26-9 and the commission's rules governing energy source disclosure, which may be amended |
34 | from time to time; terms and conditions of the service; and a notice describing the customer's |
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1 | right to cancel the service; as provided in this section. |
2 | (i) No nonregulated power producer shall provide electric-generation services unless the |
3 | customer has signed a service contract or consents to such services by one of the following: |
4 | (1) An independent, third-party telephone verification; |
5 | (2) Receipt of a written confirmation, received in the United States mail from the |
6 | customer, after the customer has received an information package confirming any telephone |
7 | agreement; |
8 | (3) The customer signs a contract that conforms with the provisions of this section; or |
9 | (4) The customer's consent is obtained through electronic means, including, but not |
10 | limited to, a computer transaction. |
11 | (j) Each nonregulated power producer shall provide each customer with a written |
12 | contract, which contract may be provided in an electronic format, that conforms with the |
13 | provisions of this section and maintain records of the signed service contract or consent to service |
14 | for a period of not less than two (2) years from the date of expiration of the contract, which |
15 | records shall be provided to the division or the customer upon request. |
16 | (k) Each contract for electric-generation services shall contain: |
17 | (1) All material terms of the agreement; |
18 | (2) A clear and conspicuous statement explaining the rates that the customer will be |
19 | paying, including the circumstances under which the rates may change; |
20 | (3) A statement that provides specific directions to the customer as to how to compare the |
21 | price terms in the contract to the customer's existing electric-generation-service charge on the |
22 | electric bill and how long those rates are guaranteed; |
23 | (4) The contract shall also include a clear and conspicuous statement providing the |
24 | customer's right to cancel such contract not later than three (3) days after signature or receipt in |
25 | accordance with the provisions of this subsection, describing under what circumstances, if any, |
26 | the supplier may terminate the contract and describing any penalty for early termination of the |
27 | contract; |
28 | (5) The methods by which a customer may cancel service through the nonregulated |
29 | power producer which shall include electronic termination of an existing consumer's service |
30 | agreement prior to the consumer's next bill read date so long as the request to disenroll has been |
31 | made at least seven (7) calendar days in advance of the next bill read date. The electronic |
32 | termination shall be provided in a clear and conspicuous location on the nonregulated power |
33 | producer's internet website, and a method by which a customer without internet access may |
34 | cancel service; and |
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1 | (6) Any other information required by the division. |
2 | (l) Between thirty (30) and sixty (60) days, inclusive, prior to the expiration of a contract |
3 | for a residential customer, a nonregulated power producer shall provide a written notice to the |
4 | customer of the contract expiration date. The residential customer shall select the method of |
5 | written notice at the time the contract is signed or verified through third-party verification, as |
6 | described in this section, in a manner approved by the division. The customer shall have the |
7 | option to change the method of notification at any time during the contract. |
8 | (m) On and after August 1, 2019, no nonregulated power producer shall automatically |
9 | renew or cause to be automatically renewed a contract with a residential customer; provided, |
10 | however, that a new contract with a residential customer shall be required if the terms for electric- |
11 | generation services change from variable to fixed rates, fixed to variable rates, or to a different |
12 | fixed rate. This provision shall not apply to, or otherwise affect, any government body that |
13 | aggregates the load of residential retail customers as part of an aggregation plan pursuant to § 39- |
14 | 3-1.2. |
15 | (n) No nonregulated power producer shall charge an electric-generation-service rate to a |
16 | residential customer that is twenty-five percent (25%) more than the original contract price, or the |
17 | last rate notification provided by the nonregulated power producer, without disclosing the rate |
18 | change described in this section fifteen (15) days before it takes effect. The disclosure shall be in |
19 | writing and shall conform to any rules that may be promulgated by the division. |
20 | (o) No third-party agent may sell electric-generation services on behalf of a nonregulated |
21 | power producer unless the third-party agent is an employee or independent contractor of the |
22 | nonregulated power producer and the third-party agent has received appropriate training directly |
23 | from the nonregulated power producer. |
24 | (p) All sales and solicitations of electric-generation services by a nonregulated power |
25 | producer, aggregator, or agent of a nonregulated power producer or aggregator to a customer |
26 | conducted and consummated entirely by United States mail; door-to-door sale; telephone or other |
27 | electronic means; during a scheduled appointment at the premises of a customer; or at a fair, trade |
28 | or business show, convention, or exposition in addition to complying with the provisions of this |
29 | section, shall comply with all state and local laws and regulations. |
30 | (q) Any representative of a nonregulated power producer, aggregator, or agent of a |
31 | nonregulated power producer or aggregator shall prominently display or wear a photo |
32 | identification badge stating the name of the person's employer or the nonregulated power |
33 | producer the person represents and shall not wear apparel, carry equipment, or distribute |
34 | materials that includes the logo or emblem of an electric-distribution company or contains any |
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1 | language suggesting a relationship that does not exist with an electric-distribution company, |
2 | government agency, or other supplier. |
3 | (r) No nonregulated power producer, aggregator, or agent of a nonregulated power |
4 | producer or aggregator shall advertise or disclose the price of electricity to mislead a reasonable |
5 | person into believing that the electric-generation services portion of the bill will be the total bill |
6 | amount for the delivery of electricity to the customer's location, or make any statement, oral or |
7 | written, suggesting a prospective customer is required to choose a supplier. When advertising or |
8 | disclosing the price for electricity, the nonregulated power producer, aggregator, or agent of a |
9 | nonregulated power producer shall, on and after January 1, 2017, indicate, using at least a ten- |
10 | point (10) font size, in a conspicuous part of any advertisement or disclosure that includes an |
11 | advertised price, the expiration of such advertised price, and any fixed or recurring charge, |
12 | including, but not limited to, any minimum monthly charge. |
13 | SECTION 2. This act shall take effect upon passage. |
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LC003054 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PUBLIC UTILITIES AND CARRIERS -- NONREGULATED POWER | |
PRODUCER CONSUMER BILL OF RIGHTS | |
*** | |
1 | This act would exempt governmental bodies involved in an aggregation plan from the |
2 | prohibition against the automatic renewal of contracts between a non-regulated power producer |
3 | and residential customers. |
4 | This act would take effect upon passage. |
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LC003054 | |
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