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Texas Staff Propose Draft Rule Allowing REPs To Use Portable Electronic Device For Door-to-Door Enrollments

Would Require REPs To Warn Customers of Potential Termination Fees From Current REP

October 24, 2016

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Copyright 2010-16 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

Staff of the Public Utility Commission of Texas have filed a draft proposal for publication that would authorize retail electric providers to use a portable electronic device (PED) for door-to-door enrollments.

Staff's draft proposal would provide that a REP or aggregator may use a PED to conduct door-to-door sales at an applicant's residence.

A PED would be defined as, "a nonstationary light-weight, electrically-powered device that is capable of communications, data storage and processing, and accessing, directly or indirectly, the REP or aggregator network," the Staff draft provides

The devices include, but are not limited to: laptop computers, iPads, tablets, personal digital assistants, and smart phones, the Staff draft provides

The PED shall be owned by the REP, aggregator, or third-party vendor retained by the REP or aggregator. The PED shall not be owned by an employee of the REP, aggregator, or vendor that has been retained by the REP or aggregator, the Staff draft provides

"Any applicant or customer specific information entered into the PED shall be transferred expeditiously to the REP or aggregator's systems using Secure Socket Layer or similar encryption standard to ensure privacy of applicant or customer information. Once the transfer of data has been verified, the applicant or customer information on the PED shall be remove," the Staff draft provides

The Staff draft provides that the PED shall:

(i) be secure from unauthorized access;

(ii) have remote data wipe capabilities that allow the REP or aggregator to remove all data should the device be lost or stolen; and

(iii) have enabled mobile locating and tracking capabilities that allows the REP or aggregator to track the time and location of each customer enrollment.

The Staff draft provides that the REP may provide the disclosures required by § 25.474 subsection (e)(l) - (5) using a PED, provided that the customer does not express an inability to read such disclosures via the PED

Notably, if a REP or aggregator provides the § 25.474 subsection (e)(l) - (5) disclosures using a PED, the REP or aggregator shall, "advise the applicant that if the applicant is under contract with another REP, termination fees for that contract may apply," the Staff draft provides

There is no equivalent requirement to warn the customer of potential termination fees from the customer's existing REP in any other Texas sales channel (including non-PED door-to-door sales).

Additionally, in order to make the § 25.474 subsection (e)(l) - (5) disclosures using a PED, the REP would be required to, "obtain an electronic signature from the applicant that adheres to Texas and federal guidelines affirming that the applicant has read and understands the disclosures, terms of service, EFL, PDS, if applicable, and all written or electronic materials disclosed prior to verification of authorization," Staff's draft provides. As noted, this would be a separate step from the verification/authorization of enrollment.

For verification of authorization for enrollments using a PED, Staff's draft provides that the REP or aggregator shall obtain confirmation from the applicant that the applicant is authorized to perform the enrollment and consents to the enrollment being verified using a PED

If the applicant consents to verification being conducted using a PED, the REP or aggregator shall:

(i) obtain or confirm the applicant's email address or other agreed upon means of communication, billing name, billing address, service address, and name of any authorized representative;

(ii) obtain or confirm the applicant's electric service identifier (ESI-ID), if available;

(iii) obtain or confirm at least one of the following account access verification data for the applicant: last four digits of the social security number, mother's maiden name, city or town of birth, month and day of birth, driver's license number or government issued identification number. For non-residential applicants, the REP may obtain the applicant's federal tax identification number; and

(iv) obtain applicant's electronic signature that adheres to Texas and federal guidelines affirming that the applicant has read and understands the disclosures, terms of service, EFL, PDS, if applicable, and all written or electronic materials disclosed and that the applicant is authorized to select or change REPs for the service address and authorizes the new REP to perform necessary tasks to complete a switch or move-in for the applicant's service with the new REP

As noted in our related story today, the REP using a PED for enrollments must send a confirmation to the customer informing them of the enrollment and the right of rescission, and including various contract documents, per Staff's draft. Depending on communication method, the rescission period will not begin until the REP receives from the customer confirmation that the customer has received the confirmation information (click here for related story today).

Staff's draft also allows a PED to be used for in-person solicitations that occur outside of a customer's residence, using the procedures outlined above.

See Related Story Today: Draft Texas Rule: Rescission Period Would Not Start Until Customer "Confirms" Receipt of Notice Regarding Enrollment, For This Sales Channel

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