| Chapter 374 |
| 2021 -- H 6431 Enacted 07/13/2021 |
| A N A C T |
| RELATING TO PUBLIC UTILITIES AND CARRIERS -- NONREGULATED POWER PRODUCER CONSUMER BILL OF RIGHTS |
Introduced By: Representatives Cardillo, and Casey |
| Date Introduced: June 16, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 39-26.7-5 of the General Laws in Chapter 39-26.7 entitled |
| "Nonregulated Power Producer Consumer Bill of Rights" is hereby amended to read as follows: |
| 39-26.7-5. Certain customer rights. |
| (a) An electric-distribution company shall transfer a residential customer to the standard- |
| offer service rate not later than the next billing cycle after receipt of a request from a residential |
| customer eligible for standard-offer service. |
| (b) The electric-distribution company shall not be liable for any contract termination fees |
| that may be assessed by the nonregulated power producer. |
| (c) An electric-distribution company shall transfer a residential customer to the electric- |
| generation-service rate of a nonregulated power producer not later than the next billing cycle after |
| the electric-distribution company receives from the nonregulated power producer a successful |
| enrollment of such the residential customer, unless the notification is not received by the electric- |
| distribution company in accordance with its commission-approved terms and conditions on file |
| with the division and commission. |
| (d) Notwithstanding any other provision of the general laws, nothing shall prohibit a |
| residential customer who moves from one dwelling to another dwelling within the state from |
| immediately receiving electric-generation service from a nonregulated power producer, provided |
| the customer was receiving service from a nonregulated power producer immediately prior to such |
| the move. |
| (e) The electric-distribution company shall include in its terms and conditions, subject to |
| review and approval by the commission, conditions for release of customer information to a |
| nonregulated power producer. |
| (f) Customers shall be entitled to any available, individual information about their loads or |
| usage at no cost. |
| (g) On or before January 1, 2017, the division shall initiate a rulemaking proceeding to |
| develop a standard summary form of the material terms and conditions of the contract for electric- |
| generation services signed by a residential customer. Such The form shall include, but not be |
| limited to, the following: |
| (1) A description of the rate the customer will be paying; |
| (2) Whether such rate is a fixed or variable rate; |
| (3) The term and expiration date of such the rate; |
| (4) Whether the contract will automatically renew; |
| (5) A notice describing the customer's right to cancel the service, including the right to |
| schedule the cancellation of service on a date certain at any time during the contract period, as |
| provided in this section; |
| (6) Information on air emissions and resource mix of generation facilities operated by and |
| under long-term contract to the nonregulated power producer; |
| (7) The trade name of the nonregulated power producer; |
| (8) The toll-free telephone number for customer service of the nonregulated power |
| producer; |
| (9) The internet website of the nonregulated power producer; |
| (10) The toll-free telephone number for customer complaints of the division; and |
| (11) Any other information required by the division. Upon the division's filing of |
| regulations pursuant to this section, the commission shall initiate a rulemaking proceeding to repeal |
| any rules that overlap with the regulations filed by the division. |
| (h) On and after January 1, 2017, each nonregulated power producer shall, prior to initiation |
| of electric-generation services, provide the potential residential customer with a completed |
| summary form developed pursuant to this section. Each nonregulated power producer shall, prior |
| to the initiation of electric-generation services, provide the potential commercial or industrial |
| customer with a written notice describing the rates; information that complies with § 39-26-9 and |
| the commission's rules governing energy source disclosure, which may be amended from time to |
| time; terms and conditions of the service; and a notice describing the customer's right to cancel the |
| service;, as provided in this section. |
| (i) No nonregulated power producer shall provide electric-generation services unless the |
| customer has signed a service contract or consents to such the services by one of the following: |
| (1) An independent, third-party telephone verification; |
| (2) Receipt of a written confirmation, received in the United States mail from the customer, |
| after the customer has received an information package confirming any telephone agreement; |
| (3) The customer signs a contract that conforms with the provisions of this section; or |
| (4) The customer's consent is obtained through electronic means, including, but not limited |
| to, a computer transaction. |
| (j) Each nonregulated power producer shall provide each customer with a written contract, |
| which contract may be provided in an electronic format, that conforms with the provisions of this |
| section and maintain records of the signed service contract or consent to service for a period of not |
| less than two (2) years from the date of expiration of the contract, which records shall be provided |
| to the division or the customer upon request. |
| (k) Each contract for electric-generation services shall contain: |
| (1) All material terms of the agreement; |
| (2) A clear and conspicuous statement explaining the rates that the customer will be paying, |
| including the circumstances under which the rates may change; |
| (3) A statement that provides specific directions to the customer as to how to compare the |
| price terms in the contract to the customer's existing electric-generation-service charge on the |
| electric bill and how long those rates are guaranteed; |
| (4) The contract shall also include a clear and conspicuous statement providing the |
| customer's right to cancel such contract not later than three (3) days after signature or receipt in |
| accordance with the provisions of this subsection, describing under what circumstances, if any, the |
| supplier may terminate the contract and describing any penalty for early termination of the contract; |
| (5) The methods by which a customer may cancel service through the nonregulated power |
| producer which shall include electronic termination of an existing consumer's service agreement |
| prior to the consumer's next bill read date so long as the request to disenroll has been made at least |
| seven (7) calendar days in advance of the next bill read date. The electronic termination shall be |
| provided in a clear and conspicuous location on the nonregulated power producer's internet |
| website, and a method by which a customer without internet access may cancel service; and |
| (6) Any other information required by the division. |
| (l) Between thirty (30) and sixty (60) days, inclusive, prior to the expiration of a contract |
| for a residential customer, a nonregulated power producer shall provide a written notice to the |
| customer of the contract expiration date. The residential customer shall select the method of written |
| notice at the time the contract is signed or verified through third-party verification, as described in |
| this section, in a manner approved by the division. The customer shall have the option to change |
| the method of notification at any time during the contract. |
| (m) On and after August 1, 2019, no nonregulated power producer shall automatically |
| renew or cause to be automatically renewed a contract with a residential customer; provided, |
| however, that a new contract with a residential customer shall be required if the terms for electric- |
| generation services change from variable to fixed rates, fixed to variable rates, or to a different |
| fixed rate. Any residential customer with a contract prior to August 1, 2020, that is scheduled to |
| automatically renew any time after August 1, 2020, shall be notified by the nonregulated power |
| producer in writing no less than thirty (30) days prior to the automatic renewal, and any residential |
| customer on a variable rate without a new contract since August 1, 2020, shall be notified by the |
| nonregulated power producer no less than once annually, of: (1) The rate a customer will pay under |
| a renewed fixed rate agreement, or the current variable rate in the event the customer will pay a |
| variable rate; and (2) The current default rate available; and (3) Clear instructions of the steps the |
| residential customer must follow to return to the default rate. This subsection shall not apply to, or |
| otherwise affect, any government body that aggregates the load of residential retail customers as |
| part of an aggregation plan pursuant to § 39-3-1.2. |
| (n) No nonregulated power producer shall charge an electric-generation-service rate to a |
| residential customer that is twenty-five percent (25%) more than the original contract price, or the |
| last rate notification provided by the nonregulated power producer, without disclosing the rate |
| change described in this section fifteen (15) days before it takes effect. The disclosure shall be in |
| writing and shall conform to any rules that may be promulgated by the division. |
| (o) No third-party agent may sell electric-generation services on behalf of a nonregulated |
| power producer unless the third-party agent is an employee or independent contractor of the |
| nonregulated power producer and the third-party agent has received appropriate training directly |
| from the nonregulated power producer. |
| (p) All sales and solicitations of electric-generation services by a nonregulated power |
| producer, aggregator, or agent of a nonregulated power producer or aggregator to a customer |
| conducted and consummated entirely by United States mail; door-to-door sale; telephone or other |
| electronic means; during a scheduled appointment at the premises of a customer; or at a fair, trade |
| or business show, convention, or exposition in addition to complying with the provisions of this |
| section, shall comply with all state and local laws and regulations. |
| (q) Any representative of a nonregulated power producer, aggregator, or agent of a |
| nonregulated power producer or aggregator shall prominently display or wear a photo identification |
| badge stating the name of the person's employer or the nonregulated power producer the person |
| represents and shall not wear apparel, carry equipment, or distribute materials that includes the logo |
| or emblem of an electric-distribution company or contains any language suggesting a relationship |
| that does not exist with an electric-distribution company, government agency, or other supplier. |
| (r) No nonregulated power producer, aggregator, or agent of a nonregulated power |
| producer or aggregator shall advertise or disclose the price of electricity to mislead a reasonable |
| person into believing that the electric-generation services portion of the bill will be the total bill |
| amount for the delivery of electricity to the customer's location, or make any statement, oral or |
| written, suggesting a prospective customer is required to choose a supplier. When advertising or |
| disclosing the price for electricity, the nonregulated power producer, aggregator, or agent of a |
| nonregulated power producer shall, on and after January 1, 2017, indicate, using at least a ten-point |
| (10) font size, in a conspicuous part of any advertisement or disclosure that includes an advertised |
| price, the expiration of such the advertised price, and any fixed or recurring charge, including, but |
| not limited to, any minimum monthly charge. |
| SECTION 2. This act shall take effect upon passage. |
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| LC003016 |
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