Mandatory Public Price Posting, Longer Rescission Period, Contract Cancellation Via Supplier Website Among Changes Under PUC's Proposed Supplier Rules

The New Hampshire PUC has proposed revisions to its retail electric supplier rules that would, among other things, include mandatory public posting of retail supplier prices, a longer rescission period, and the requirement for suppliers to offer customers the opportunity to cancel contracts via the supplier's website.

The proposed rules provide that, "Each registered CEPS [competitive electric power supplier] shall input into a shopping comparison website, maintained by the commission, information regarding the CEPS's standard pricing policies, charges, and key terms for residential and small commercial [<20 kW] customers."

Suppliers shall post such information to the PUC's shopping website before selling to customers.

The required pricing information shall be updated whenever it changes, but no less frequently than once per month, the draft rules provide.

Regarding the rescission period, the draft rules provide that suppliers shall provide an opportunity for each residential or small commercial customer to rescind authorization:

a. Within 5 business days from the date the customer electronically receives the terms of service [extended from current 3 business days]

b. Within 6 business days from the postmarked date of the terms of service agreement being mailed to the customer by first class mail [extended from current 5 business days]

A CEPS shall not submit a customer enrollment request to a utility until any applicable customer right of rescission has lapsed, the draft rules provide

Additionally, the draft rules provide that CEPS shall permit residential and small commercial customers to terminate a contract for service at any time [subject to any disclosed termination fee], and without requiring the customer to provide advance notice to the CEPS, by contacting the CEPS through the following means of communication:

(1) Telephone;

(2) Electronic-mail;

(3) Written correspondence sent by U.S. mail; or

(4) Electronic on-line communication options provided by the CEPS.

Note that as the rule specifically lists "Electronic-mail" as a separate means of termination a contract, that the "Electronic on-line communication options provided by the CEPS" method which must be provided by the suppliers for terminations is apparently distinct from e-mail.

The draft rules would permit authorization of a customer enrollment through the following mechanisms:

(1) In writing;

(2) Through e-mail;

(3) Through electronic on-line enrollment;

(4) Verbally, by telephone, using third-party verification whether the CEPS initiates the call with the customer or the customer initiates the call with the CEPS; or

(5) Through any action specified in (1)-(4) above taken on the customer's behalf by an aggregator granted agency authority, except that third-party verification shall not be required in the event of an action specified in (4) above taken by an aggregator granted agency authority on behalf of its customer.

The draft rules provide that a CEPS shall not rely on an aggregator to satisfy any of its obligations (such as disclosures) required by the rule unless:

(1) The CEPS has a written agreement with an aggregator granted agency authority specifying such aggregator accepts the obligations of the CEPS pursuant to the rules;

(2) The CEPS agrees to provide a copy of the written agreement pursuant to (1) above at the Commission's request; and

(3) The CEPS accepts all financial responsibility for any remedies or damages as a result of the aggregator's failure to satisfy the CEPS' obligations pursuant to the rules

See Related Stories Today on Proposed Rules:

U.S. State To Ban Door-to-Door Electricity Sales ; Restrictions on Telemarketing Also Proposed

PUC Proposes To Require Advance Notice of Variable Rate Changes In Excess of 10%; Rules Appear To Prohibit "Variable" Pricing Products With Terms Longer Than One Month

Proposed PUC Rules Would Require Disclosure To Customer of Whether Aggregator Is Compensated By Retail Supplier

Docket DRM 16-853