Texas Staff Seek Comment on Use of Hand-held Electronic Device For Customer Enrollment Authorization, Verification; Set Workshop

Staff of the Public Utility Commission of Texas has issued a series of questions for comment in the rulemaking examining issues related to customer authorization, verification, and enrollment via hand-held electronic devices, including as used in door-to-door sales (Project No. 45625).

Staff has scheduled a workshop for May 6.

As previously reported, the PUCT recently granted IGS Energy a good cause exception to the TPV requirement of door-to-door sales to allow IGS to use its tablet-based door-to-door sales and enrollment method without TPV for a period of 12 months, to essentially serve as a pilot as the Commission considers the issues in a generic rulemaking. Click here for more details

Staff issued the following questions for comment:

1. What devices should be considered a "hand-held electronic device" when engaging in customer enrollments through door-to-door sales?

a. What minimum attributes should the device have that will still apply in the future as technology changes?

b. What protections for the storage of customer's data should the device have? Why?

2. What authorization should be required to ensure protection for customers who enroll in door-to-door sales using a hand-held electronic device?

a. Should an "opt-in" authorization be required instead of the current "opt-out" authorization? Please provide a detailed explanation.

b. Should customers be required to provide two forms of account access verification data pursuant to 16 Tex. Admin. Code §25.474(d)(10)(E) before they can enroll during a door-to-door sale when the sales agent is using a hand-held electronic device?

c. Should an oral verification statement by the customer be recorded with the handheld electronic device? Please provide a detailed explanation.

3. Should customers without an email address be allowed to enroll via a hand-held device? Please provide a detailed explanation.

4. If the answer to Question No. 3 is answered in the affirmative, please provide a detailed description of what authorizations should be put in place to ensure that the customer has not been misled or coerced into accepting certain service.

5. Should a REP be allowed to enroll a non-English speaking customer during a door-to-door sale using a hand-held electronic device if its sales agent does not speak the same language as the customer?

6. Should the commission amend 16 TAC §25.474(f) to require door-to-door enrollment using a hand-held electronic device to follow the required authorization disclosures in 16 TAC §25.474(d)(l)-(9) and the verification of authorization for enrollment in 16 TAC §25.474(d)(10)-(11) in lieu of the authorization and verification of authorization in 16 TAC §25.474(f)(2)-(3)?