Part I.
Railroad Commission of Texas
Chapter 3.
Oil and Gas Division
16 TAC §3.98
The Railroad Commission of Texas adopts amendments to §3.98,
relating to standards for management of hazardous oil and gas waste without
changes to the proposed text as published in the February 26, 1999, issue
of the
Texas Register
(24 TexReg 1297).
The amendment to subsection (u) requires that annual reports be submitted
on the form prescribed by the commission rather than the form prescribed by
the United States Environmental Protection Agency. This amendment allows the
use of a new reporting form developed by the commission, Form H-21. The commission
anticipates that this form will be easier for affected operators to complete
and information provided will be in a form more readily usable by the commission.
The commission also repeals subsection (cc) which set out the effective
date of the original rule. This subsection is no longer necessary.
No comments on the proposed amendments were received.
The amendments to §3.98 are adopted under Texas Natural
Resources Code, §81.052, which authorizes the commission to adopt all
necessary rules for governing and regulating activities under its jurisdiction
as set forth in Texas Natural Resources Code, §81.051; Texas Natural
Resources Code, §85.042, which authorizes the commission to make and
enforce rules pertaining to field operations that pose a danger to life or
property; Texas Natural Resources Code, §141.012, which authorizes the
commission to adopt rules relating to the exploration, production, and development
of geothermal energy and associated resources; Texas Natural Resources Code,
§91.101(4), which authorizes the commission to adopt rules relating to
the discharge, storage, handling, transportation, reclamation, or disposal
of oil and gas waste, as well as any other substance or material associated
with any operation regulated by the commission under Texas Natural Resources
Code, §91.101; Texas Natural Resources Code, §91.602, which authorizes
the commission to adopt rules relating to the generation, transportation,
treatment, storage, or disposal of hazardous oil and gas waste; and Texas
Water Code, §27.036, which authorizes the commission to adopt rules relating
to brine mining.
The Texas Natural Resources Code, §§ 81.052, 85.042, 91.101,
91.601-605, and 141.001-141.018; and Texas Water Code §27.036, are affected
by the amendments.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
14, 1999.
TRD-9902194
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Effective date: May 4, 1999
Proposal publication date: February 26, 1999
For further information, please call: (512) 463-7008
Chapter 23.
Substantive Rules
The Public Utility Commission of Texas (commission) adopts the repeals
of §23.6 relating to Spanish Language Requirements, §23.41 relating
to Customer Relations, §23.42 relating to Refusal of Service, §23.43
relating to Applicant and Customer Deposit, §23.44 relating to New Construction,
§23.45 relating to Billing, and §23.46 relating to Discontinuance
of Service with no changes to the proposed text as published in the December
18, 1998
Texas Register
(23 TexReg 12846).
These repeals are necessary to avoid duplicative rule sections. These repeals
are adopted under Project Number 17709. As a result of the reorganization
of the commission's rules, new §§25.21-25.26 and §§25.28-25.31
concerning customer service have been adopted in Chapter 25, Substantive Rules
Applicable to Electric Service Providers, and new §§26.21-26.31
concerning customer service have been adopted in Chapter 26, Substantive Rules
Applicable to Telecommunications Service Providers to replace these sections.
The commission received no comments on the proposed repeals.
Subchapter A. General Rules
16 TAC §23.6
This repeal is adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998) (PURA) which
provides the commission with the authority to make and enforce rules reasonably
required in the exercise of its powers and jurisdiction.
Cross-Index to Statutes: Public Utility Regulatory Act §14.002.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
16, 1999.
TRD-9902221
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: May 6, 1999
Proposal publication date: December 18, 1998
For further information, please call: (512) 936-7308
16 TAC §§23.41, 23.42, 23.43, 23.44, 23.45, 23.46
These repeals are adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998) (PURA) which
provides the commission with the authority to make and enforce rules reasonably
required in the exercise of its powers and jurisdiction.
Cross-Index to Statutes: Public Utility Regulatory Act §14.002.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
16, 1999.
TRD-9902222
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: May 6, 1999
Proposal publication date: December 18, 1998
For further information, please call: (512) 936-7308
16 TAC §23.40
The Public Utility Commission of Texas (commission) adopts
the repeal of §23.40 relating to Prepaid Local Telephone Service with
no changes to the proposed text as published in the January 1, 1999,
The commission received no comments on the proposed repeal.
This repeal is adopted under the Public Utility Regulatory Act,
Texas Utilities Code Annotated §14.002 (Vernon 1998) (PURA) which provides
the commission with the authority to make and enforce rules reasonably required
in the exercise of its powers and jurisdiction.
Cross-Index to Statutes: Public Utility Regulatory Act §14.002.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
16, 1999.
TRD-9902223
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: May 6, 1999
Proposal publication date: January 1, 1999
For further information, please call: (512) 936-7308
Subchapter B. Customer Service and Protection
16 TAC §§25.21-25.26, 25.28-25.31
The Public Utility Commission of Texas (the commission) adopts
new §25.21, relating to General Provisions of Customer Service and Protection;
new §25.22, relating to Request for Service; new §25.23, relating
to Refusal of Service; new §25.24, relating to Credit Requirements and
Deposits; new §25.25, relating to Issuance and Format of Bills; new §25.26,
relating to Spanish Language Requirements; new §25.28, relating to Bill
Payment and Adjustments; new §25.29, relating to Disconnection of Service;
new §25.30, relating to Complaints; and, new §25.31, relating to
Information to Applicants and Customers with changes to the proposed text
as published in the December 11, 1998,
Texas Register
(23 TexReg 12574). These sections are adopted under Project Number
19513.
New §25.21 presents specific definitions for "applicants," "customers,"
and "days," and establishes that the purpose of the customer service and protection
rules is to set a minimum standard for the provision of utility service. New
§25.21 also provides that utilities may adopt less restrictive standards
for differing groups of customers as long as they do not discriminate against
protected groups. New §25.22 replaces §23.44(c)(3) and (d) of this
title (relating to New Construction). New §25.23 replaces §23.42
of this title (relating to Refusal of Service). New §25.24 replaces §23.43
of this title (relating to Applicant and Customer Deposit). New §25.25
replaces §23.45(a), (b), (c), and (e) of this title (relating to Billing).
New §25.26 replaces §23.6 of this title (relating to Spanish Language
Requirements). New §25.28 replaces §23.45 of this title (relating
to Billing). New §25.29 replaces §23.46 of this title (relating
to Discontinuance of Service). New §25.30 replaces §23.41(c) of
this title (relating to Customer Relations). New §25.31 replaces §23.41(a)
and (b) of this title (relating to Customer Relations).
The Appropriations Act of 1997, HB 1, Article IX, Section 167 (Section
167) requires that each state agency review and consider for readoption each
rule adopted by that agency pursuant to the Government Code, Chapter 2001
(Administrative Procedure Act). Such reviews shall include, at a minimum,
an assessment by the agency as to whether the reason for adopting or readopting
the rule continues to exist. The commission held three workshops to conduct
a preliminary review of its rules. As a result of these workshops, the commission
is reorganizing its current substantive rules located in 16 Texas Administrative
Code (TAC), Chapter 23, to (1) satisfy the requirements of Section 167; (2)
repeal rules no longer needed; (3) update existing rules to reflect changes
in the industries regulated by the commission; (4) do clean-up amendments
made necessary by changes in law and commission organizational structure and
practices; (5) reorganize rules into new chapters to facilitate future amendments
and provide room for expansion; and (6) reorganize the rules according to
the industry to which they apply. Chapter 25 has been established for all
commission substantive rules applicable to electric service providers. The
duplicative sections of Chapter 23 are proposed for repeal as each new section
is proposed for publication in the new chapter. No one commented on the Section
167 requirement as to whether the reason for adopting the rules continues
to exist. The commission finds that the reason for adopting these sections
continues to exist.
The commission received written comments on the proposed rules from seven
public interest (PI) groups (joint comments for Consumers Union (CU) Southwest
Regional Office; Texas Ratepayers' Organization to Save Energy (ROSE); Texas
Legal Services Center; Public Citizen, Texas Office; Gray Panthers, Texas;
Texas Citizen Action; and Texas Alliance for Human Needs); Texas Department
of Housing and Community Affairs (TDHCA); the South Texas Cooperatives (Jackson
Electric Cooperative; Karnes Electric Cooperative; Nueces Electric Cooperative;
San Patricio Electric Cooperative; Victoria Electric Cooperative; and Wharton
County Electric Cooperative); Southwestern Public Service Company (SPS); El
Paso Electric Company (EPE); Entergy, Gulf States, Inc. (EGS); Texas-New Mexico
Power Company (TNMP); Texas Utilities Electric Company (TU); Houston Lighting
& Power Company (HL&P); CSW (Central Power and Light Company; Southwestern
Electric Power Company; and West Texas Utilities Company); and Texas Electric
Cooperatives, Inc. (TEC). The commission also received reply comments from
TU, CSW, East Texas Cooperatives (ETC), TDHCA, HL&P, EGS, and PI.
A public hearing on the proposed rules was held at the commission offices
on February 9, 1999 at 9:00 a.m. Representatives from the South Plains Community
Action Agency (SPCAA), Gulf Coast Community Services Association, Community
Action Nacogdoches, Texas Legal Services Center, Texas Rose, EOAC of Waco,
Community Action Council of South Texas, Community Action Agency of Brownsville,
TU, SPS, and EGS offered oral comments at the public hearing. Others attending
the public hearing were representatives from HL&P and CSW.
Certain proposed changes led to much disagreement between the commenting
parties. These issues caused extensive debate and are discussed below.
Major Issues
§25.28(b), penalty on delinquent bills for
retail service
The electric utility industry commenters (HL&P, TU, EGS, and TEC) strongly
approved of the proposed rule change that would allow the electric utilities
to impose a 5.0% penalty for late payment of bills on both commercial and
residential customers. The current rule allows the 5.0% penalty to be applied
only to commercial accounts. The industry commenters indicated that the costs
incurred by utilities due to late payment could be taken out of the general
rate base and applied directly to those who cause the extra cost. In contrast,
PI and TDHCA strongly opposed the proposed change in the current rule. They
indicated that the utilities already have the extra costs for late payment
and uncollectable debts built into their rates, and this proposed rule would
allow the utilities to collect these costs twice and, thus, increase revenues.
PI and TDHCA also indicated that this penalty would have disastrous effects
on the poor and those on fixed incomes. Based on these comments, the commission
has withdrawn the proposed change and reverts back to its current rule, which
does not allow a delinquent penalty for late payment on residential accounts.
The commission has based this decision on the following: (1) A more detailed
analysis of each utilities' commission-approved rates would be required to
determine whether the impact of additional revenues is significant enough
to trigger a rate case; and (2) The Public Utility Regulatory Act, Chapter
36, Subchapter G (Rate Changes by Certain Electric Cooperatives), §36.254(b)
"Application of Other Provisions", states that "A service fee or a service
rule set by an electric cooperative under this subchapter must comply with
commission rules that apply to all electric utilities." As such, the commission
is precluded from modifying this rule so that rate deregulated electric cooperatives
could impose a late fee on residential accounts.
§25.28(d)(1), underbilling
The proposed rule provides that an electric utility may backbill up to
six months for underbilled accounts. In their comments, TU, HL&P, and
EGS proposed allowing a utility to backbill as far back as they have records,
at least on commercial customers. CSW proposed that backbilling and overbilling
should be limited to two years. In their reply comments, PI and TDHCA indicated
the time period in which backbilling is permitted should be decreased or eliminated.
The commission believes that the rule is fair as proposed and the recommended
changes are unnecessary.
§25.29(g), disconnection of ill and disabled
The proposed rule provides that service cannot be disconnected if such
action would threaten the life of some person residing at the residence. HL&P
and TU fully supported the new rule in their comments, because it clarified
the conditions for prohibition of disconnection. PI and TDHCA argued for retaining
the old language of prohibiting disconnection when a resident would become
"seriously ill or more seriously ill" due to disconnection of service. The
commission agrees with PI and proposed §25.29(g) is revised accordingly.
§25.29(i)(2), disconnection during extreme
weather
The proposed rule sets the no-disconnect heat index temperature at 104
degrees Fahrenheit for extreme heat conditions. In their reply comments, HL&P
and TU recommended that the heat index be raised to 105 degrees Fahrenheit,
while EGS and CSW agreed with the demarcation at 104 degrees Fahrenheit. TDHCA
and PI both recommended that the extreme heat temperature be set at 100 degrees
Fahrenheit, based on information from the Texas Department of Health which
states that use of fans may actually endanger lives at temperatures above
100 degrees Fahrenheit.
The commission believes that much of the confusion associated with the
wording in the original rule could be associated with the term "heat alert"
that is issued by the National Weather Service, because the heat index associated
with this term is in excess of 110 degrees Fahrenheit. The 110 degree heat
index alert has rarely, if ever, been reached and thus few heat alerts would
ever be declared. The commission revises the wording of the original rule
to change the disconnection trigger to the "heat advisory" declared by the
National Weather Service (NWS). The NWS issues a heat advisory on a county-specific
basis when the heat index reaches 105 degrees Fahrenheit or above; this could
occur when the temperature is 90 degrees, with high humidity. The commission
declines to adopt the PI recommendation to use a 100 degree heat index trigger
to suspend disconnections because the NWS does not issue announcements at
this heat index level and it would be administratively challenging for utilities
to track the heat index county by county all summer long. Since TDHCA and
PI comment that a 100 degree temperature is cause for health concerns, it
appears that the 105 degree heat index advisory trigger should occur whenever
absolute temperatures reach 100 degrees or higher.
The commission revises the proposed rule to prohibit disconnections throughout
a utility's service territory after the NWS issues a heat advisory for any
county in its service territory.
Other Issues
§25.21. General Provisions of Customer Service
and Protection Rules.
CSW stated that the entities to which the rules apply in subsection (a)
are too narrowly defined. It suggests that the rules were intended to govern
customer service to retail customers, exclusive of those retail customers
served by municipalities. The commission agrees that clarification is required
and §25.21(a) is revised as follows: "Unless the context clearly indicates
otherwise, in this subchapter the term 'electric utility' applies to all electric
utilities that provide retail electric service in Texas. It does not apply
to municipal utilities."
CSW and EGS recommended deleting "at a different location" from the definition
of applicant in §25.21(c)(1), because anyone who applies for service,
regardless of location, should be considered an applicant. The commission
agrees and §25.21(c)(1) is revised as follows: "Applicant - A person
who applies for service for the first time or reapplies after discontinuance
of service."
§25.22. Request for Service.
TU, TEC, and STC recommended retaining the current language for proposed
§25.22(1) because the proposed language makes the seven-day connection
period a requirement rather than a guideline, as it is in the existing rule.
EGS recommended inserting the phrase, "has met the credit requirements as
provided for in §25.24 of this title and" after "the applicant" so that
the electric utility can determine credit worthiness of the applicant prior
to connecting service. The commission agrees with EGS' suggested change.
EGS recommended inserting the phrase, "and has complied with all applicable
state and municipal regulations" at the end of the first sentence in proposed
§25.22(3) so the electric utility will not have to connect service in
violation of state and municipal regulations. TNMP recommended adding language
that the parties could agree to a longer term than 90 days so special circumstances
that are inherent in certain jobs can be addressed. The commission agrees
with both of these recommendations and §25.22(3) is amended as follows:
"Requests for new residential service requiring construction, such as line
extensions, shall be completed within 90 days or within a time period agreed
to by the customer and electric utility if the applicant has met the credit
requirements as provided for in §25.24 of this title; made satisfactory
payment arrangements for construction charges; and has complied with all applicable
state and municipal regulations."
EGS recommended that §25.22(4) apply only to residential customers
and the ten-day deadline for informing customers of expected costs and dates
of completion should be raised to 15 working days because the existing rule
does not apply to large industrial or commercial customers and the ten-day
deadline may not be enough time in all instances. TU suggested retaining the
current rule or, if the new rule were adopted, the ten-day deadline should
begin only after all required information to complete the job is received
from the customer. The commission believes the ten-day deadline is appropriate
for all customer classes, and the rule will remain as proposed.
EGS recommended that §25.22(6) apply only to residential customers
for the same reasons as discussed for §25.22(4); TU suggested retaining
the current language for the same reason as EGS; and TNMP wanted the phrase
"reasonable control" clarified and wording added that would allow agreements
for longer periods than the 90 days for those jobs that would require extensive
preparation and construction. The commission agrees with TNMP and the first
sentence of §25.22(6) is revised as follows: "Unless the delay is beyond
the reasonable control of the electric utility, a delay of more than 90 days
shall constitute failure to serve, unless the customer and electric utility
have agreed to a longer term."
HL&P recommended that the commission-approved brochure on renewable
energy sources be reviewed and revised to satisfy the requirements of §25.22(7)
relating to on-site renewable energy and distributed generation technology
alternatives. This is a good suggestion and the commission may implement it
as workload permits. In the meantime, however, the electric utility companies
should develop their own material on this issue to satisfy the rule.
TU, CSW, EGS, HL&P, EPE, and TEC recommended deleting the requirement
to inform applicants as part of the initial contact about their right to file
a complaint with the commission (§25.22(8)), because this information
is contained in the pamphlet, "Your Rights as a Customer." They were also
concerned that giving the customer this information in the initial contact
would convey a negative impression of the company's service quality. PI stated
that it is a benefit to all residential ratepayers to be informed of the commission's
role in customer protection. PI further stated that the rule could benefit
applicants without being a detriment to utility operations by including a
simple statement (e.g., "If you think you have been treated unfairly, you
have the right to file a complaint with the PUC.")
The commission believes that the utility should provide the applicant a
copy of the "Your Rights as a Customer" brochure and inform the applicant
of the complaint process if the applicant thinks the applicant has been treated
unfairly and revises proposed §25.22(8) accordingly.
§25.23. Refusal of Service.
EGS proposed adding a new subsection, "(a)(7) Failure to provide adequate
identification" and a new subsection, "(a)(8) Application is made in the name
of a minor, a deceased person, or a fraudulent name as acceptable reason to
refuse service." The commission disagrees, because there is nothing that prohibits
the electric utility from adopting these standards as part of their procedures
since "adequate identification" is not defined. The rule will remain as proposed.
CSW suggested that refusal of service should be allowed for failure to
comply with any of the electric utility's tariff requirements. The commission
declines to add the term "tariff" since it broadens the application of this
section unnecessarily, therefore, §25.23(a) is revised as follows: "An
electric utility may refuse to serve an applicant until the applicant complies
with state and municipal regulations and the utility's rules and regulations
on file with the commission or for any of the reasons identified below."
HL&P and CSW suggested that proposed §25.23(a)(4) concerning "intent
to deceive" needs to be clarified so that there is a clear understanding of
what constitutes "deception". Both CSW and HL&P suggested specific wording
to accomplish this. The commission agrees that more clarity is needed and
the first sentence of §25.23(a)(4) is revised as follows: "The applicant
applies for service at a location where another customer received, or continues
to receive, service and the utility bill is unpaid at that location and the
electric utility can prove the change in identity is made in an attempt to
help the other customer avoid or evade payment of an electric utility bill."
CSW recommended that reference to "present customer" in proposed §25.23(c)
be deleted because under §25.21(c)(2) a customer is a person who is currently
receiving service; that a new subsection be added to proposed §25.23(c)
to make clear that refusal to pay a bill of another does constitute valid
grounds for refusing service if the conditions of §25.23(a)(4) are met;
and that the "and" after §25.23(c)(2) should be changed to an "or" and
moved to the end of §25.23(c)(3).
The commission agrees with all of these recommendations, and the rule is
changed accordingly.
EGS, HL&P, CSW, and TU all recommended that proposed §25.23(c)(3)
be amended to allow a utility to backbill for a period greater than six months
if the backbilling was the result of theft of service because theft of service
is not addressed. They were also concerned that the wording of proposed §25.23(c)(3)
allows the customer to wait six months before complaining in order to avoid
a legitimate backbilling charge. The commission agrees with both of these
recommendations, and §25.23(c)(3) is revised as follows: "failure to
pay a bill that includes more than the allowed six months of underbilling,
unless the underbilling is the result of theft of service."
§25.24. Credit Requirements and Deposits.
CSW recommended adding the phrase, "nor had a check dishonored", to the
end of proposed §25.24(a)(2)(A)(ii) because timely remittance of a check
is not an indication of credit worthiness unless the check is honored by the
bank. Because a dishonored check would be the same as a late payment, the
commission does not believe the phrase is necessary, and the rule remains
as proposed.
Proposed §25.24(a)(2)(A)(iii) included the phrase "during the last
12 consecutive months of service was not late in paying a bill." This language
is inconsistent with that in the current §23.43(b)(3)(A). The commission
did not intend to change the current credit requirements for residential applicants
by requiring a perfect payment record. The commission revises that part of
§25.24(a)(2)(A)(iii) as follows: "during the last 12 consecutive months
of service was not late in paying a bill more than once".
TNMP recommended that §25.24(a)(2)(B)(i-iv) should be deleted because
these are not assurances that a customer will pay his/her electric utility
bill. Since these provisions are not intended to guarantee that a customer
will pay his/her bill, but only to demonstrate satisfactory credit, the commission
disagrees, and the rule remains as proposed.
TU and HL&P recommended that the term "current bill" in proposed §25.24(c)(2)
be replaced by the term "total amount due" because the term "current bill"
could be interpreted as the current month's consumption. The commission agrees
that clarity is needed, and the rule is revised to reflect "the total amount
due on the current bill".
CSW recommended that the last sentence of §25.24(c)(2) be deleted,
because it is difficult for the electric utility and the customer to track
whether the option has been exercised by the customer during the previous
12 months. CSW suggested replacement language for the rule; however, the commission
disagrees with the recommendation, and it will not be implemented.
EGS recommended that the language in proposed §25.24(d)(1)(A) be revised
to read as follows: "the average of the customer's actual billings for the
last 12 months are at least twice the amount of the original estimated annual
billings" because this wording is clearer. The commission agrees, and the
rule is revised accordingly.
CSW recommended that in proposed §25.24(d)(2), reference should be
made to an "additional deposit" and not to a "new deposit" because the section
is referring to an additional deposit. The commission agrees, and the rule
is revised accordingly.
HL&P and TU recommended the term, "current bill," in proposed §25.24(d)(3)
be replaced with the term, "total amount due" because the term "current bill"
could be interpreted as the current month's consumption. CSW recommended that
§25.24(d)(3) be deleted for the same reasons as presented for §25.24(c)(2).
The commission agrees with HL&P and TU, but disagrees with the CSW recommendation.
Subsection (d)(3) is revised as follows: "Instead of an additional deposit,
the customer may pay the total amount due on the current bill by the due date
of the bill, provided the customer has not exercised this option in the previous
12 months".
EGS recommended that the language for §25.24(f) be changed to read
as follows: "The total of all deposits shall not exceed an amount equivalent
to twice the highest monthly bill for the previous 12 months" because it affords
the company more coverage against high-risk applicants/customers. The commission
disagrees with this recommendation, and §25.24(f) remains as proposed.
CSW commented that the reference to the interest rate set by the commission
in proposed §25.24(g) should be to the rate set on December 1 of the
preceding year. The commission agrees, and the rule is revised accordingly.
TU commented that §25.24(h)(1-4) should be deleted because this information
is contained in "Your Rights as a Customer" pamphlet. The commission modifies
the rule to indicate that the specified information is in the brochure, which
should be given to the customer when the deposit is needed.
EGS recommended that a new §25.24(j)(6) be added and to read as follows:
"An electric utility may require a guarantor to maintain satisfactory credit
as a condition of continuing to guarantee the deposit for another residential
customer" because this will clarify that guarantors must maintain good credit
standing as a condition for their guarantee of a deposit for another residential
customer. The commission declines to specify what requirements an electric
utility may impose on a guarantor.
CSW recommended that the last sentence of proposed §25.24(k)(1) be
deleted because the circumstances under which a customer or applicant may
be required to make a deposit or provide a letter of credit are clearly set
out for an applicant who has been a prior customer of the electric utility
(see §§25.24(a)-(e)). If those criteria apply, the electric utility
should be able to require the individual to make a deposit, regardless of
whether the transfer of service is or is not considered a disconnection of
service. The commission does not agree that a transfer of service should trigger
the same deposit requirements, and declines to make the change proposed by
CSW.
CSW recommended that the last sentence of proposed §25.24(k)(2) be
revised to address letters of guarantee, because if the customer has established
credit through a letter of guarantee and fails to meet the refund criteria,
it should be permissible to retain the letter of guarantee. EGS recommended
that the 24 months of consecutive billings in §24.25(k)(2) apply to both
residential and commercial customers. The commission agrees with the recommendation
of CSW, but disagrees with the recommendation of EGS. The last sentence of
§25.24(k)(2) is revised to read as follows: "If the customer does not
meet these refund criteria, the deposit and interest or the letter of guarantee
may be retained".
§25.25. Issuance and Format of Bills.
TU and TEC recommended that §25.25(c)(4) be deleted because the information
is contained in the "Your Rights as a Customer" pamphlet. The commission believes
this information should be on the bill as well, and the rule remains as proposed.
TU, TEC, EGS, and EPE recommended that §25.25(c)(5) be deleted because
the information is contained in the "Your Rights as a Customer" pamphlet.
The commission agrees and revises the rule accordingly.
TNMP requested that application of §25.25(c)(5) be delayed until it
implements its new Y2K software package, because it currently does not have
the ability to add this information to its bill. The commission proposes waivers
for a limited period of time if an electric utility requests, additional time
due to software upgrades that would be necessary to comply with the rule.
CSW commented that the last two sentences of proposed §25.25(d)(1)
are unrealistic. If the meter reader cannot read the meter, it would be impossible
for the electric utility to mail the customer a card, have the customer read
the meter, and have the customer mail the card back to the electric utility
in time for the normal issuance of the bill. The bill would have to be estimated
anyway. The commission believes the proposed language is clear in its intent,
and the rule remains as proposed.
EGS, TNMP, TU, and CSW recommended deleting the last sentence of proposed
§25.25(f) because the meaning is unclear and it contradicts the first
sentence. The commission agrees, and the last sentence of proposed §25.25(f)
is deleted.
§25.26. Spanish Language Rule.
PI recommended that proposed §25.26(a) be updated to refer to the
most current U.S. Census rather than the 1990 Census. The commission agrees
and revises §25.26(a) accordingly.
§25.28. Bill Payment and Adjustments.
STC suggested revising the phrasing in proposed §25.28(c)(3)(C) to
avoid the impression that usurious rates were allowed. The commission agrees
and revises §25.28(c)(3)(C) as follows: "All interest shall be compounded
monthly based on the annual rate".
CSW commented that it is unnecessary in all instances when the underbilling
is $50 or more that the period of the deferred payment plan extend as long
as the period of backbilling as presented in §25.28(d)(3) because it
is not realistic to allow a commercial account to have two years to pay a
$50 backbilling. TU and TDHCA both agreed with the proposed rule and commented
that $50 was a good medium point. The commission finds that §25.28(d)(3)
is reasonable, and it remains as proposed.
On §25.28(d)(4), CSW commented that interest should apply to backbilling
in the same manner as it applies to overbilling. The commission believes that
a customer should not be charged interest for an error made by the company;
therefore, the rule remains as proposed.
EGS, TEC, and STC commented that §25.28(e)(2) should be revised to
include the payment of the average billing and reinstate the current resolution
time limit of 60 days. They contend that the customer should be required to
pay the average billing to avoid accumulating a large past due balance. The
60-day resolution time period clarifies when disconnection can occur. TU and
HL&P also recommended reinstating the 60-day resolution time limit because
customers could stall an investigation and avoid paying the disputed amount
indefinitely. CSW recommended retaining the current rule because it provides
that customers need not pay the disputed amount that exceeds the average billing.
The commission agrees that the payment of the average billing is a current
requirement that needs to be retained in the proposed rule; however, the current
60-day resolution time limit will not be reinstated. The commission revises
§25.28(e) by adding new paragraph (3) to address disputed amounts in
complaints filed with the commission, and paragraph (4) to address payment
of the average billing on disputed amounts billed by electric utilities.
CSW and STC commented that proposed §25.28(h) should allow payment
programs of less than three months. HL&P and EGS supported this in their
reply comments because a payment arrangement of less than three months may
be more beneficial to the customer. The commission believes that the proposed
rule does not prohibit the electric utilities from making payment arrangements
of less than three months; therefore, the rule remains as proposed.
PI commented that proposed §25.28(i) should allow deferred payment
plans to be a minimum of six months; that all late fees should be waived on
deferred payment plans; and electric utilities should be required to offer
deferred payment plans to all customers because this would be more beneficial
to the elderly and low income households. TDHCA commented that §25.28(i)
should extend the term of deferred payment agreements to six months and the
plans should not go into effect until low consumption months. TDHCA also contends
that electric utilities should offer customers an arrears forgiveness program,
and the number of disconnect notices a customer receives in a 12-month period
should have no effect on whether the customer is offered a deferred payment
plan, because this burdens low-income families and those on fixed incomes.
In their reply comments, TU, HL&P, CSW, and EGS all disagreed with
extending deferred payment plans to six months. They explained that the present
wording allows the electric utilities to work with customers and extend deferred
payment plans for whatever term is necessary. These utilities also disagreed
with extending deferred payment plans to all customers due to credit risk.
TU pointed out in its reply comments that the pilot Maintenance of Effort
(MER) program, which was equivalent to an arrears forgiveness program, was
disastrous to both the company and the customers. CSW commented that proposed
§25.28(i) should require all deferred payment plans to be in writing
and not just those made over the telephone.
The commission believes that §25.28(i) adequately addresses the length
and terms of a deferred payment agreement. However, TDHCA raised a question
about the relevance of the number of disconnection notices a customer receives
in a 12-month period to whether or not a deferred payment plan is offered.
The Texas Legislature is considering two proposed bills that address the issue
that TDHCA has addressed; therefore, the commission will delay action on this
comment until a future date. The commission also agrees that all deferred
payment plans should be put in writing. The commission revises the last sentence
of §25.28(i) as follows: "A deferred payment plan may be established
in person or by telephone, and all deferred payment plans shall be put in
writing."
CSW commented that §25.28(i)(1) should allow an electric utility to
refuse a deferred payment plan to customers who have rendered dishonored checks
to the electric utility in the past 12 months because of credit risks associated
with this type of behavior. The commission disagrees with CSW because the
electric utility can require payment in either cash or money order from a
customer who has rendered a dishonored check. The rule stands as proposed.
CSW recommended that §25.28(i)(2) should preserve the existing requirements
and clarify that the customer must initially pay the current bill and a reasonable
amount of the outstanding bill, not to exceed one-third of the outstanding
bill, and may pay the remainder of the outstanding bill in equal installments
lasting at least three billing cycles. The commission believes that the proposed
wording establishes the three-billing cycle plan and is clearer than the current
rule; therefore, §25.28(i)(2) remains as proposed.
CSW comments that proposed §25.28(i)(4)(H) should not require deferred
payment plans made over the telephone and mailed to the customer for signature
to be mailed back to the utility. This requirement would delay the effect
and/or implementation of the agreement until it is mailed back. If the agreement
is not returned, it makes the electric utility's status with the customer
and disconnection ambiguous. The commission agrees and §25.28(i)(4)(H)
is revised to clarify that an agreement is in effect unless the customer contacts
the electric utility to challenge the terms as they are written.
HL&P commented that a customer should be required to prove any downturn
in his/her financial condition in order to renegotiate a deferred payment
plan as presented in §25.28(i)(4)(I). The proposed rule does not prohibit
the electric utility from establishing criteria that will be consistently
used during the renegotiation process; therefore, the rule remains as proposed.
§25.29. Disconnection of Service.
CSW commented that the last sentence of proposed §25.29(a) should
be revised as follows: "Disconnection is an option allowed by the commission,
not a requirement placed upon the utility by the commission." This shows the
option is "allowed" not "offered" by the commission. The commission agrees,
and the rule is revised accordingly.
CSW recommended that proposed §25.29(b)(3) allow disconnection for
other tariff violations, as stated in comments to proposed §25.23(a).
The commission believes that expanding disconnections to "other tariff violations"
unnecessarily broadens the scope of this rule. As a result, the rule remains
as proposed.
TU commented that proposed §25.29(d)(4) would allow a customer to
wait more than six months or delay payment on a backbilled amount more than
six months in order to avoid ever paying what could be a legitimate underbilling.
The commission disagrees and believes the rule is fair and understandable
as proposed.
TU commented that §25.29(d)(5) should permit disconnection if the
disputed amount is not paid within the current 60-day time limit based on
comments concerning §25.28(e)(2). The commission disagrees, because there
is no longer a 60-day time limit.
CSW commented that proposed §25.29(d)(5) should allow disconnection
if the average bill is not paid for reasons commented on §25.28(e)(2).
The commission agrees and revises §25.29(d)(5) as follows: "failure to
pay disputed charges, except for the required average billing payment, until
a determination as to the accuracy of the charges has been made by the electric
utility or the commission and the customer has been notified of this determination;".
CSW suggested that the wording in the current §23.46(f) be retained
for §25.29(e) because the new wording allows disconnection on the day
after a holiday or weekend when utility personnel may not be available to
take payments or perform reconnections, and the old rule takes care of this
problem. The commission finds the wording of proposed §25.29(e) addresses
the same issues as §23.46(f). Therefore, the subsection remains as proposed.
CSW commented that in §25.29(g)(1)(A), contact made to the utility
should be by the "stated date of disconnection" not by the "due date of the
bill" since the customer has received a disconnection notice. The commission
agrees, and the rule is revised accordingly.
TDHCA and PI commented that the prohibition on disconnection in §25.29(g)(2)
should be for the duration of the illness, as determined by a physician in
order to better protect the ill resident. HL&P and TU disagreed with this
in their reply comments citing that an open-ended time period would lead to
abuse. The commission believes that the 63-day time limit is a sufficient
period to balance the concerns of all parties. The rule remains as proposed.
TDHCA commented that the word "grantees" be changed to "clients" in §25.29(h)
in order to remain consistent with their agency language. The commission agrees,
and the rule is revised.
PI recommended adding the following language to §25.29(h): "No electric
utility may terminate service to a delinquent residential customer for a billing
period in which the electric utility receives a pledge, letter of intent,
purchase order, or other notification that the energy assistance provider
is forwarding sufficient payment to continue service" because the current
wording is unclear and misrepresents the role of the customer. The commission
agrees, and the rule is revised accordingly.
CSW recommended that proposed §25.29(k)(4) be modified to provide
disconnection notices in Spanish only to those electric utilities to which
§25.26(a) applies. The commission disagrees because disconnection notices
should be in both English and Spanish to assure that the individual customer
is informed he or she will be disconnected, and what to do to prevent it.
The rule remains as proposed.
EGS and TU commented that proposed §25.29(k)(5) should be a toll-free
number instead of a statement of notification because they believe a customer
should contact a major company service center; CSW commented that the notice
should contain the contact number of the electric utility's corporate offices
and not just a local office because the customer should be able to contact
the utility. The commission believes the notification statement contains important
customer information that is necessary when the customer receives the disconnection
notice; therefore, it will be retained. Furthermore, the commission agrees
with CSW that a corporate toll-free number should be included on the notice.
The last sentence of §25.29(k)(5) is revised as follows: "The notice
shall also advise the customer to contact the electric utility for more information."
§25.30. Complaints.
TU, TEC, EPE, EGS, CSW, and STC commented that the requirement in proposed
§25.30(a) that the utility complete an investigation of a customer complaint
within 15 calendar days is unreasonable. The commenters stated that additional
time is required to contact the customer and to make a correct determination
on the merits of the complaint. TU stated that if a change to the 30 calendar
days was inevitable, then the change should not be less than 15 working days.
HL&P also recommended 15 working days, while SPS recommended 20 calendar
days. The commission believes that while most complaints can be resolved within
15 calendar days, additional time is required for others. The commission modifies
proposed §25.30(a) to state that the utility shall investigate and advise
the complainant of the results of the investigation within 21 days after the
complaint is forwarded to the utility.
CSW commented that §25.30(b)(3) should require the results of a supervisory
review by the utility to be reduced to writing if it is not resolved to the
satisfaction of the customer, even if a written copy is not requested. The
rule does not prohibit the electric utility from reducing the results of its
supervisory reviews to writing and each electric utility can make this determination.
Therefore, the rule remains as proposed.
TEC, EPE, EGS, CSW, STC, and TU commented that the requirement in proposed
§25.30(c)(2) that the utility complete an investigation of a commission
complaint within 15 calendar days is unreasonable. TU commented that it should
not be less than 15 working days if a change is inevitable. HL&P also
recommended 15 working days, while SPS recommended 20 calendar days.
The Legislature places a high value on prompt resolution of complaints
as evidenced by a commission performance measure. Also, electronic communication
should shorten the time for sending complaints and receiving responses. Therefore,
the commission amends §25.30(c)(2) to extend the time allowed for a utility
investigation of a commission complaint from 15 calendar days to 21 days.
§25.31. Information to Applicants and Customers.
HL&P and TU recommended deleting the phrase "or transfer existing service
to a new location" from proposed §25.31(a). They argue that it would
put an undue cost on the electric utility to supply a customer who is merely
transferring his service to a new location, with information he has already
been supplied. The commission agrees but will address the matter of the customers
information packet in §25.31(a)(3) by not requiring the packet be given
to those customers that are transferring service.
PI recommended that a requirement be added to §25.31(a)(1) making
electric utilities use standardized terms and pricing when describing pricing
options to customers so as to make it less confusing. The commission does
not believe that standardized terms and pricing are necessary to describe
the lowest-priced alternatives.
HL&P recommended inserting a statement into proposed §25.31(a)(1)
that places responsibility on non-residential applicants for providing complete
and accurate information relating to their service requirements so that the
electric utility can give accurate information about lowest-priced alternatives.
The commission agrees that the electric utility needs accurate information
from the applicant, however, it is not necessary to include this requirement
in the rule because it is understood that the utility can only give an accurate
estimate based on the information they are given by the applicant/customer.
The rule remains as proposed.
CSW recommended that the commission's e-mail address be added to the information
contained in proposed §25.31(c)(5)(I) so customers can contact the commission
by e-mail. The commission agrees, and the rule is modified accordingly.
HL&P, EGS, TU, and CSW recommended that proposed §25.31(c)(5)(J)
should have a toll-free number where this information can be obtained instead
of listing all utility offices and authorized payment locations because of
the large numbers of locations they have. The commission agrees, and the rule
is revised accordingly.
SPS commented that the information on the critical load customer list is
proprietary information contained in its Emergency Operations Plan and feels
that proposed §25.31(c)(5)(R) should be deleted because of this. The
commission believes there is some confusion in the way the proposed rule is
worded and will amend the rule to have the electric utility provide information
on how a residential customer can be placed on the critical load list. The
amended §25.31(c)(5)(R) will read as follows: "information that contains
the criteria on how a residential customer can be recognized as a critical
load customer, the benefits of being a critical load customer in an emergency
situation, and the process for being placed on the critical load list."
All comments, including any not specifically referenced herein, were fully
considered by the commission. Where appropriate, non-substantive clarifications
identified in Project Number 19517,
Transfer of Existing
Telephone Customer Service and Protection Rules to New Chapter 26 and Associated
Changes
are applied to these rules. The commission also makes other
minor changes for clarification.
These new sections are adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998) (PURA), which
provides the Public Utility Commission with the authority to make and enforce
rules reasonably required in the exercise of its powers and jurisdiction,
and specifically, §§37.151 and 38.001 which require the commission
to regulate electric utility operations and services; §37.151 which grants
the commission authority to require an electric utility to make service available
within a reasonable time after receipt of a bona fide request for service;
§36.051 which authorizes the commission to establish and regulate rates
of an electric utility; §§37.051 and 38.151 which require certificate
holders to provide continuous and adequate service in their service areas;
§38.001 which requires electric utilities to furnish service, instrumentalities,
and facilities that are safe, adequate, efficient, and reasonable; §38.002
which grants the commission authority to adopt just and reasonable standards,
classifications, rules, or practices an electric utility must follow, to adopt
adequate and reasonable standards for measuring a condition, including quantity
and quality relating to the furnishing of service, to adopt reasonable rules
for examining, testing, and measuring a service, and adopt or approve reasonable
rules, specifications, and standards to ensure the accuracy of equipment,
including meters and instruments, used to measure service.
Cross Index to Statutes: Public Utility Regulatory Act §§14.002,
36.051, 37.051, 37.151, 38.001, and 38.151.
§25.21.General Provisions of Customer Service and Protection Rules.
(a)
Application. Unless the context clearly indicates otherwise,
in this subchapter the term "electric utility" applies to all electric utilities
that provide retail electric utility service in Texas. It does not apply to
municipal utilities.
(b)
Purpose. The purpose of the rules in this subchapter is
to establish minimum customer service standards that electric utilities must
follow in providing electric service to the public. Nothing in these rules
should be interpreted as preventing an electric utility from adopting less
restrictive policies for all customers or for differing groups of customers,
as long as those policies do not discriminate based on race, color, sex, nationality,
religion, or marital status.
(c)
Definitions. The following words and terms when used in
this subchapter shall have the following meanings, unless the context indicates
otherwise.
(1)
Applicant - A person who applies for service for the first
time or reapplies after discontinuance of service.
(2)
Customer - A person who is currently receiving service
from an electric utility in the person's own name or the name of the person's
spouse.
(3)
Days - Unless the context clearly indicates otherwise,
in this subchapter the term "days" shall refer to calendar days.
§25.22.Request for Service.
Every electric utility shall initiate service to each qualified applicant
for service within its certificated area in accordance with this section.
(1)
Applications for new electric service not involving line
extensions or construction of new facilities shall be filled within seven
working days after the applicant has met the credit requirements as provided
for in §25.24 of this title (relating to Credit Requirements and Deposits)
and complied with all applicable state and municipal regulations.
(2)
An electric utility may require a residential applicant
for service to satisfactorily establish credit in accordance with §25.24
of this title (relating to Credit Requirements and Deposits), but such establishment
of credit shall not relieve the customer from complying with rules for prompt
payment of bills.
(3)
Requests for new residential service requiring construction,
such as line extensions, shall be completed within 90 days or within a time
period agreed to by the customer and electric utility if the applicant has
met the credit requirements as provided for in §25.24 of this title;
and made satisfactory payment arrangements for construction charges; and has
complied with all applicable state and municipal regulations. For this section,
facility placement which requires a permit for a road or railroad crossing
will be considered a line extension.
(4)
If facilities must be constructed, then the electric
utility shall contact the customer within ten working days of receipt of the
application, and give the customer an estimated completion date and an estimated
cost for all charges to be incurred by the customer.
(5)
The electric utility shall explain any construction
cost options such as rebates to the customer, sharing of construction costs
between the electric utility and the customer, or sharing of costs between
the customer and other applicants following the assessment of necessary line
work.
(6)
Unless the delay is beyond the reasonable control
of the electric utility, a delay of more than 90 days shall constitute failure
to serve, unless the customer and electric utility have agreed to a longer
term. The commission may revoke or amend an electric utility's certificate
of convenience and necessity (or other certificate) for such failures to serve,
or grant the certificate to another electric utility to serve the applicant,
and the electric utility may be subject to administrative penalties pursuant
to the Public Utility Regulatory Act §15.023 and §15.024.
(7)
If an electric utility must provide a line extension
to or on the customer's premises and the utility will require that customer
to pay a Contribution in Aid to Construction (CIAC), a prepayment, or sign
a contract with a term of one year or longer, the electric utility shall provide
the customer with information about on- site renewable energy and distributed
generation technology alternatives. The information shall comply with guidelines
established by the commission, and shall be provided to the customer at the
time the estimate of the CIAC or prepayment is given to the customer. If no
CIAC or prepayment is required, the information shall be given to the customer
before a contract is signed. The information is intended to educate the customer
on alternate options that are available.
(8)
As part of their initial contact, electric utility
employees shall give the applicant a copy of the "Your Rights as a Customer"
brochure, and inform an applicant of the right to file a complaint with the
commission pursuant to §25.30 of this title (relating to complaints)
if the applicant thinks the applicant has been treated unfairly.
§25.23.Refusal of Service.
(a)
Acceptable reasons to refuse service. An electric utility
may refuse to serve an applicant until the applicant complies with state and
municipal regulations and the utility's rules and regulations on file with
the commission or for any of the reasons identified below.
(1)
Applicant's facilities inadequate. The applicant's installation
or equipment is known to be hazardous or of such character that satisfactory
service cannot be given, or the applicant's facilities do not comply with
all applicable state and municipal regulations.
(2)
Violation of an electric utility's tariffs. The applicant
fails to comply with the electric utility's tariffs pertaining to operation
of nonstandard equipment or unauthorized attachments which interfere with
the service of others. The electric utility shall provide the applicant notice
of such refusal and afford the applicant a reasonable amount of time to comply
with the utility's tariffs.
(3)
Failure to pay guarantee. The applicant has acted
as a guarantor for another customer and failed to pay the guaranteed amount,
where such guarantee was made in writing to the electric utility and was a
condition of service.
(4)
Intent to deceive. The applicant applies for service
at a location where another customer received, or continues to receive, service
and the electric utility bill is unpaid at that location, and the electric
utility can prove the change in identity is made in an attempt to help the
other customer avoid or evade payment of an electric utility bill. An applicant
may request a supervisory review as specified in §25.30 of this title
(relating to Complaints) if the electric utility determines that the applicant
intends to deceive the electric utility and refuses to provide service.
(5)
For indebtedness. The applicant owes a debt to any
electric utility for the same kind of service as that being requested. In
the event an applicant's indebtedness is in dispute, the applicant shall be
provided service upon paying a deposit pursuant to §25.24 of this title
(relating to Credit Requirements and Deposits).
(6)
Refusal to pay a deposit. Refusing to pay a deposit
if applicant is required to do so under §25.24 of this title.
(b)
Applicant's recourse. If an electric utility has refused
to serve an applicant under the provisions of this section, the electric utility
must inform the applicant of the reason for its refusal and that the applicant
may file a complaint with the commission as described in §25.30 of this
title.
(c)
Insufficient grounds for refusal to serve. The following
are not sufficient cause for refusal of service to an applicant:
(1)
delinquency in payment for service by a previous occupant
of the premises to be served;
(2)
failure to pay for merchandise or charges for non-regulated
services, including but not limited to insurance policies, Internet service,
or home security services, purchased from the electric utility;
(3)
failure to pay a bill that includes more than the
allowed six months of underbilling, unless the underbilling is the result
of theft of service; or
(4)
failure to pay the bill of another customer at the
same address except where the change in identity is made to avoid or evade
payment of an electric utility bill.
§25.24.Credit Requirements and Deposits.
(a)
Credit requirements for permanent residential applicants.
(1)
An electric utility may require a residential applicant
for service to establish and maintain satisfactory credit as a condition of
providing service.
(A)
Establishment of credit shall not relieve any customer
from complying with the electric utility's requirements for prompt payment
of bills.
(B)
The credit worthiness of spouses established during shared
service in the 12 months prior to their divorce will be equally applied to
both spouses for 12 months immediately after their divorce.
(2)
A residential applicant can demonstrate satisfactory
credit using any one of the criteria listed in subparagraphs (A) through (C)
of this paragraph.
(A)
The residential applicant:
(i)
has been a customer of any electric utility for the same
kind of service within the last two years;
(ii)
is not delinquent in payment of any such electric utility
service account;
(iii)
during the last 12 consecutive months of service was
not late in paying a bill more than once;
(iv)
did not have service disconnected for nonpayment; and
(v)
is encouraged to obtain a letter of credit history from
the applicant's previous electric utility, and electric utilities are encouraged
to provide such information with the final bill.
(B)
The residential applicant demonstrates a satisfactory credit
rating by appropriate means, including, but not limited to, the production
of:
(i)
generally acceptable credit cards;
(ii)
letters of credit reference;
(iii)
the names of credit references which may be quickly and
inexpensively contacted by the electric utility; or
(iv)
ownership of substantial equity that is easily liquidated.
(C)
The residential applicant is 65 years of age or older and
does not have an outstanding account balance incurred within the last two
years with the electric utility or another electric utility for the same type
of utility service.
(3)
If satisfactory credit cannot be demonstrated
by the residential applicant using these criteria, the applicant may be required
to pay a deposit pursuant to subsection (c) of this section.
(b)
Credit requirements for non-residential applicants. For
non-residential service, if an applicant's credit has not been demonstrated
satisfactorily to the electric utility, the applicant may be required to pay
a deposit.
(c)
Initial deposits.
(1)
A residential applicant or customer who is required to
pay an initial deposit may provide the electric utility with a written letter
of guarantee pursuant to subsection
(j)
of this section, instead of paying a cash deposit.
(2)
An initial deposit may not be required from an existing
customer unless the customer was late paying a bill more than once during
the last 12 months of service or had service disconnected for nonpayment.
The customer may be required to pay this initial deposit within ten days after
issuance of a written termination notice that requests such deposit. Instead
of an initial deposit, the customer may pay the total amount due on the current
bill by the due date of the bill, provided the customer has not exercised
this option in the previous 12 months.
(d)
Additional deposits.
(1)
An additional deposit may be required if:
(A)
the average of the customer's actual billings for the last
12 months are at least twice the amount of the original estimated annual billings;
and
(B)
a disconnection notice has been issued for the account
within the previous 12 months.
(2)
An electric utility may require that an additional
deposit be paid within ten days after the electric utility has issued a written
disconnection notice and requested the additional deposit.
(3)
Instead of an additional deposit, the customer may
pay the total amount due on the current bill by the due date of the bill,
provided the customer has not exercised this option in the previous 12 months.
(4)
The electric utility may disconnect service if the
additional deposit is not paid within ten days of the request, provided a
written disconnection notice has been issued to the customer. A disconnection
notice may be issued concurrently with either the written request for the
additional deposit or current usage payment.
(e)
Deposits for temporary or seasonal service and for weekend
residences. The electric utility may require a deposit sufficient to reasonably
protect it against the assumed risk for temporary or seasonal service or weekend
residences, as long as the policy is applied in a uniform and nondiscriminatory
manner. These deposits shall be returned according to guidelines set out in
subsection (k) of this section.
(f)
Amount of deposit. The total of all deposits shall not
exceed an amount equivalent to one- sixth of the estimated annual billing.
(g)
Interest on deposits. Each electric utility requiring deposits
shall pay interest on these deposits at an annual rate at least equal to that
set by the commission on December 1 of the preceding year, pursuant to Texas
Utilities Code §183.003 (Vernon 1998) (relating to Rate of Interest).
If a deposit is refunded within 30 days of the date of deposit, no interest
payment is required. If the electric utility keeps the deposit more than 30
days, payment of interest shall be made retroactive to the date of deposit.
(1)
Payment of the interest to the customer shall be made annually,
if requested by the customer, or at the time the deposit is returned or credited
to the customer's account.
(2)
The deposit shall cease to draw interest on the date
it is returned or credited to the customer's account.
(h)
Notification to customers. When a deposit is required,
the electric utility shall provide the applicant or customer written information
about deposits by providing the "Your Rights as a Customer" brochure, which
contains the relevant information.
(i)
Records of deposits.
(1)
The electric utility shall keep records to show:
(A)
the name and address of each depositor;
(B)
the amount and date of the deposit; and
(C)
each transaction concerning the deposit.
(2)
The electric utility shall issue a receipt of
deposit to each applicant paying a deposit and shall provide means for a depositor
to establish a claim if the receipt is lost.
(3)
A record of each unclaimed deposit must be maintained
for at least four years.
(4)
The electric utility shall make a reasonable effort
to return unclaimed deposits.
(j)
Guarantees of residential customer accounts.
(1)
A guarantee agreement between an electric utility and a
guarantor must be in writing and shall be for no more than the amount of deposit
the electric utility would require on the applicant's account pursuant to
subsection (f) of this section. The amount of the guarantee shall be clearly
indicated in the signed agreement.
(2)
The guarantee shall be voided and returned to the
guarantor according to the provisions of subsection (k) of this section.
(3)
Upon default by a residential customer, the guarantor
of that customer's account shall be responsible for the unpaid balance of
the account only up to the amount agreed to in the written agreement.
(4)
The electric utility shall provide written notification
to the guarantor of the customer's default, the amount owed by the guarantor,
and the due date for the amount owed.
(A)
The electric utility shall allow the guarantor 16 days
from the date of notification to pay the amount owed on the defaulted account.
If the 16th day falls on a holiday or weekend, the due date shall be the next
workday.
(B)
The electric utility may transfer the amount owed on the
defaulted account to the guarantor's own service bill provided the guaranteed
amount owed is identified separately on the bill as required by §25.25(c)(10)
of this title (relating to the Issuance and Format of Bills).
(5)
The electric utility may disconnect service to
the guarantor for nonpayment of the guaranteed amount only if the disconnection
was included in the terms of the written agreement, and only after proper
notice as described by paragraph (4) of this subsection, and §25.29(b)(5)
of this title (relating to Disconnection of Service).
(k)
Refunding deposits and voiding letters of guarantee.
(1)
If service is not connected, or is disconnected, the electric
utility shall promptly void and return to the guarantor all letters of guarantee
on the account or provide written documentation that the contract has been
voided, or refund the customer's deposit plus accrued interest on the balance,
if any, in excess of the unpaid bills for service furnished. A transfer of
service from one premise to another within the service area of the electric
utility is not a disconnection, and no additional deposit may be required.
(2)
When the customer has paid bills for service for 12
consecutive residential billings or for 24 consecutive non-residential billings
without having service disconnected for nonpayment of a bill and without having
more than two occasions in which a bill was delinquent, and when the customer
is not delinquent in the payment of the current bills, the electric utility
shall promptly refund the deposit plus accrued interest to the customer, or
void and return the guarantee or provide written documentation that the contract
has been voided. If the customer does not meet these refund criteria, the
deposit and interest or the letter of guarantee may be retained.
(l)
Re-establishment of credit. Every applicant who previously
has been a customer of the electric utility and whose service has been disconnected
for nonpayment of bills or theft of service (meter tampering or bypassing
of meter) shall be required, before service is reconnected, to pay all amounts
due the utility or execute a deferred payment agreement, if offered, and reestablish
credit. The electric utility must prove the amount of utility service received
but not paid for and the reasonableness of any charges for the unpaid service,
and any other charges required to be paid as a condition of service restoration.
(m)
Upon sale or transfer of utility or company. Upon the sale
or transfer of any electric utility or any of its operating units, the seller
shall provide the buyer all required deposit records.
§25.25.Issuance and Format of Bills.
(a)
Frequency of bills. The electric utility shall issue bills
monthly, unless otherwise authorized by the commission, or unless service
is provided for a period less than one month. Bills shall be issued as promptly
as possible after reading meters.
(b)
Billing information. The electric utility shall provide
free to the customer a breakdown of charges at the time the service is initially
installed or modified and upon request by the customer as well as the applicable
rate schedule.
(c)
Bill content. Each customer's bill shall include all the
following information:
(1)
if the meter is read by the electric utility, the date
and reading of the meter at the beginning and at the end of the billing period;
(2)
the due date of the bill, as specified in §25.28
of this title (relating to Bill Payment and Adjustments);
(3)
the number and kind of units metered;
(4)
the applicable rate schedule and title or code should
be provided upon request by the customer;
(5)
the total amount due after addition of any penalty
for nonpayment within a designated period. The terms "gross bill" and "net
bill" or other similar terms implying the granting of a discount for prompt
payment shall be used only when an actual discount for prompt payment is granted.
The terms shall not be used when a penalty is added for nonpayment within
a designated period;
(6)
the word "Estimated" prominently displayed to identify
an estimated bill;
(7)
any conversions from meter reading units to billing
units, or any other calculations to determine billing units from recording
or other devices, or any other factors used in determining the bill; and
(8)
any amount owed under a written guarantee contract
provided the guarantor was previously notified in writing by the electric
utility as required by §25.24 of this title (relating to Credit Requirements
and Deposits).
(d)
Estimated bills.
(1)
An electric utility may submit estimated bills for good
cause provided that an actual meter reading is taken no less than every third
month. In months where the meter reader is unable to gain access to the premises
to read the meter on regular meter reading trips, or in months when meters
are not read, the electric utility must provide the customer with a postcard
and request the customer to read the meter and return the card to the electric
utility. If the postcard is not received by the electric utility in time for
billing, the electric utility may estimate the meter reading and issue a bill.
(2)
If an electric utility has a program in which customers
read their own meters and report their usage monthly and no meter reading
is submitted by a customer the electric utility may estimate the customer's
usage and issue a bill. However, the electric utility must read the meter
if the customer does not submit readings for three consecutive months so that
a corrected bill may be issued.
(e)
Record retention. Each electric utility shall maintain
monthly billing records for each account for at least two years after the
date the bill is mailed. The billing records shall contain sufficient data
to reconstruct a customer's billing for a given month. Copies of a customer's
billing records may be obtained by that customer on request.
(f)
Transfer of delinquent balances. If the customer has an
outstanding balance due from another account in the same customer class, then
the utility may transfer that balance to the customer's current account. The
delinquent balance and specific account shall be identified as such on the
bill.
§25.26.Spanish Language Requirements.
(a)
Application. This section applies to each electric utility
that serves a county where the number of Spanish speaking persons as defined
in §25.5 of this title (relating to Definitions) is 2000 or more according
to the most current U.S. Census of Population (Bureau of Census, U.S. Department
of Commerce, Census of Population and Housing).
(b)
Written plan.
(1)
Requirement. Each electric utility shall have a commission-approved
written plan that describes how a Spanish-speaking person is provided, or
will be provided, reasonable access to the utility's programs and services.
(2)
Minimum elements. The written plan required by paragraph
(1) of this subsection shall include a clear and concise statement as to how
the electric utility is doing or will do the following, for each part of its
entire system:
(A)
inform Spanish-speaking applicants how they can get information
contained in the utility's plan in the Spanish language;
(B)
inform Spanish-speaking applicants and customers of their
rights contained in this subchapter;
(C)
inform Spanish-speaking applicants and customers of new
services, discount programs, and promotions;
(D)
allow Spanish-speaking persons to request repair service;
(E)
ballot Spanish-speaking customers for services requiring
a vote by ballot;
(F)
allow access by Spanish-speaking customers to services
specified in subchapter F of this chapter (relating to Metering);
(G)
inform its service and repair representatives of the requirements
of the plan.
§25.28.Bill Payment and Adjustments.
(a)
Bill due date. The bill provided to the customer shall
include the payment due date which shall not be less than 16 days after issuance.
The issuance date is the postmark date on the envelope or the issuance date
on the bill if there is no postmark on the envelope. A payment for electric
utility service is delinquent if not received at the electric utility or at
the electric utility's authorized payment agency by the close of business
on the due date. If the sixteenth day falls on a holiday or weekend, then
the due date shall be the next work day after the sixteenth day.
(b)
Penalty on delinquent bills for retail service. A one-time
penalty not to exceed 5.0% may be charged on a delinquent commercial or industrial
bill. The 5.0% penalty on delinquent bills may not be applied to any balance
to which the penalty has already been applied. An electric utility providing
any service to the state of Texas shall not assess a fee, penalty, interest,
or other charge to the state for delinquent payment of a bill.
(c)
Overbilling. If charges are found to be higher than authorized
in the utility's tariffs, then the customer's bill shall be corrected.
(1)
The correction shall be made for the entire period of the
overbilling.
(2)
If the utility corrects the overbilling within three
billing cycles of the error, it need not pay interest on the amount of the
correction.
(3)
If the utility does not correct the overcharge within
three billing cycles of the error, it shall pay interest on the amount of
the overcharge at the rate set by the commission each year.
(A)
The interest rate shall be based on an average of prime
commercial paper rates for the previous 12 months.
(B)
Interest on overcharges that are not adjusted by the electric
utility within three billing cycles of the bill in error shall accrue from
the date of payment or from the date of the bill in error.
(C)
All interest shall be compounded monthly based on the annual
rate.
(D)
Interest shall not apply to leveling plans or estimated
billings.
(d)
Underbilling. If charges are found to be lower than authorized
by the utility's tariffs, or if the electric utility failed to bill the customer
for service, then the customer's bill may be corrected.
(1)
The electric utility may backbill the customer for the
amount that was underbilled. The backbilling shall not collect charges that
extend more than six months from the date the error was discovered unless
the underbilling is a result of theft of service by the customer.
(2)
The electric utility may disconnect service if the
customer fails to pay underbilled charges.
(3)
If the underbilling is $50 or more, the electric utility
shall offer the customer a deferred payment plan option for the same length
of time as that of the underbilling. A deferred payment plan need not be offered
to a customer whose underpayment is due to theft of service.
(4)
The utility shall not charge interest on underbilled
amounts unless such amounts are found to be the result of theft of service
(meter tampering, bypass, or diversion) by the customer, as defined in §25.126
of this title. Interest on underbilled amounts shall be compounded monthly
at the annual rate and shall accrue from the day the customer is found to
have first stolen (tampered, bypassed or diverted) the service.
(e)
Disputed bills.
(1)
If there is a dispute between a customer and an electric
utility about a bill for service, the electric utility shall investigate and
report the results to the customer. If the dispute is not resolved, the electric
utility shall inform the customer of the complaint procedures of the commission
pursuant to §25.30 of this title (relating to Complaints).
(2)
A customer's service shall not be disconnected for
nonpayment of the disputed portion of the bill until the dispute is completely
resolved by the electric utility.
(3)
If the customer files a complaint with the commission,
a customer's service shall not be disconnected for nonpayment of the disputed
portion of the bill before the commission completes its informal complaint
resolution process and informs the customer of its determination.
(4)
The customer is obligated to pay any billings not
disputed.
(f)
Notice of alternate payment programs or payment assistance.
When a customer contacts an electric utility and indicates inability to pay
a bill or a need for assistance with the bill payment, the electric utility
shall inform the customer of all alternative payment and payment assistance
programs available from the electric utility, such as deferred payment plans,
disconnection moratoriums for the ill, or energy assistance programs, as applicable,
and of the eligibility requirements and procedure for applying for each.
(g)
Level and average payment plans. Electric utilities with
seasonal usage patterns or seasonal demands are encouraged to offer a level
or average payment plan.
(1)
The payment plan may use one of the following methods:
(A)
A level payment plan allowing residential customers to
pay one-twelfth of that customer's estimated annual consumption at the appropriate
customer class rates each month, with provisions for annual adjustments as
may be determined based on actual electric use.
(B)
An average payment plan allowing residential customers
to pay one-twelfth of the sum of that customer's current month's consumption
plus the previous 11 months consumption (or an estimate, for a new customer)
at the appropriate customer class rates each month, plus a portion of any
unbilled balance.
(2)
If a customer for electric utility service does
not fulfill the terms and obligations of a level payment agreement or an average
payment plan, the electric utility shall have the right to disconnect service
to that customer pursuant to §25.29 of this title (relating to Disconnection
of Service).
(3)
The electric utility may require a customer deposit
from all customers entering into level payment plans or average payment plans
pursuant to the requirements §25.24 of this title (relating to Credit
Requirements and Deposits). The electric utility shall pay interest on the
deposit and may retain the deposit for the duration of the level or average
payment plan.
(h)
Payment arrangements. A payment arrangement is any agreement
between the electric utility and a customer that allows a customer to pay
the outstanding bill after its due date but before the due date of the next
bill. If the utility issued a disconnection notice before the payment arrangement
was made, that disconnection should be suspended until after the due date
for the payment arrangement. If a customer does not fulfill the terms of the
payment arrangements, the electric utility may disconnect service after the
later of the due date for the payment arrangement or the disconnection date
indicated in the disconnection notice, pursuant to §25.29 of this title
without issuing an additional disconnection notice.
(i)
Deferred payment plans. A deferred payment plan is any
written arrangement between the electric utility and a customer that allows
a customer to pay an outstanding bill in installments that extend beyond the
due date of the next bill. A deferred payment plan may be established in person
or by telephone, and all deferred payment plans shall be put in writing.
(1)
The electric utility shall offer a deferred payment plan
to any residential customer, including a guarantor of any residential customer,
who has expressed an inability to pay all of the bill, if that customer has
not been issued more than two disconnection notices during the preceding 12
months.
(2)
Every deferred payment plan shall provide that the
delinquent amount may be paid in equal installments lasting at least three
billing cycles.
(3)
When a customer has received service from its current
electric utility for less than three months, the electric utility is not required
to offer a deferred payment plan if the customer lacks:
(A)
sufficient credit; or
(B)
a satisfactory history of payment for service from a previous
utility.
(4)
Every deferred payment plan offered by an electric
utility:
(A)
shall state, immediately preceding the space provided for
the customer's signature and in boldface type no smaller than 14 point size,
the following: "If you are not satisfied with this contract, or if agreement
was made by telephone and you feel this contract does not reflect your understanding
of that agreement, contact the electric utility immediately and do not sign
this contract. If you do not contact the electric utility, or if you sign
this agreement, you may give up your right to dispute the amount due under
the agreement except for the electric utility's failure or refusal to comply
with the terms of this agreement." In addition, where the customer and the
electric utility representative or agent meet in person, the electric utility
representative shall read the preceding statement to the customer. The electric
utility shall provide information to the customer in English and Spanish as
necessary to make the preceding boldface language understandable to the customer;
(B)
may include a 5.0% penalty for late payment but shall not
include a finance charge;
(C)
shall state the length of time covered by the plan;
(D)
shall state the total amount to be paid under the plan;
(E)
shall state the specific amount of each installment;
(F)
shall allow the electric utility to disconnect service
if the customer does not fulfill the terms of the deferred payment plan, and
shall state the terms for disconnection;
(G)
shall not refuse a customer participation in such a program
on the basis of race, color, sex, nationality, religion, or marital status;
(H)
shall be signed by the customer and a copy of the signed
plan must be provided to the customer. If the agreement is made over the telephone,
then the electric utility shall send a copy of the plan to the customer for
signature; and
(I)
shall allow either the customer or the electric utility
to initiate a renegotiation of the deferred payment plan if the customer's
economic or financial circumstances change substantially during the time of
the deferred payment plan.
(5)
An electric utility may disconnect a customer
who does not meet the terms of a deferred payment plan. However, the electric
utility may not disconnect service until a disconnection notice has been issued
to the customer indicating that the customer has not met the terms of the
plan. The notice and disconnection shall conform with the disconnection rules
in §25.29 of this title. The electric utility may renegotiate the deferred
payment plan agreement prior to disconnection. If the customer did not sign
the deferred payment plan, and is not otherwise fulfilling the terms of the
plan, and the customer was previously provided a disconnection notice for
the outstanding amount, no additional disconnection notice shall be required.
§25.29.Disconnection of Service.
(a)
Disconnection policy. If an electric utility chooses to
disconnect a customer, it must follow the procedures below, or modify them
in ways that are more generous to the customer in terms of the cause for disconnection,
the timing of the disconnection notice, and the period between notice and
disconnection. Each electric utility is encouraged to develop specific policies
for disconnection that treat its customers with dignity and respect its customers'
or members' circumstances and payment history, and to implement those policies
in ways that are consistent and non-discriminatory. Disconnection is an option
allowed by the commission, not a requirement placed upon the utility by the
commission.
(b)
Disconnection with notice. Electric utility service may
be disconnected after proper notice for any of these reasons:
(1)
failure to pay a bill for electric utility service or make
deferred payment arrangements by the date of disconnection;
(2)
failure to comply with the terms of a deferred payment
agreement;
(3)
violation of the electric utility's rules on using
service in a manner which interferes with the service of others or the operation
of nonstandard equipment, if a reasonable attempt has been made to notify
the customer and the customer is provided with a reasonable opportunity to
remedy the situation;
(4)
failure to pay a deposit as required by §25.24
of this title (relating to Credit Requirements and Deposits); or
(5)
failure of the guarantor to pay the amount guaranteed,
when the electric utility has a written agreement, signed by the guarantor,
that allows for disconnection of the guarantor's service.
(c)
Disconnection without prior notice. Electric utility service
may be disconnected without prior notice for any of the following reasons:
(1)
where a known dangerous condition exists for as long as
the condition exists. Where reasonable, given the nature of the hazardous
condition, the electric utility shall post a notice of disconnection and the
reason for the disconnection at the place of common entry or upon the front
door of each affected residential unit as soon as possible after service has
been disconnected;
(2)
where service is connected without authority by a
person who has not made application for service;
(3)
where service was reconnected without authority after
termination for nonpayment; or
(4)
where there has been tampering with the electric utility
company's equipment or evidence of theft of service.
(d)
Disconnection prohibited. Electric utility service may
not be disconnected for any of the following reasons:
(1)
delinquency in payment for electric utility service by
a previous occupant of the premises;
(2)
failure to pay for merchandise, or charges for non-electric
utility service, including but not limited to insurance policies or home security
systems, provided by the electric utility;
(3)
failure to pay for a different type or class of electric
utility service unless charges for such service were included on that account's
bill at the time service was initiated;
(4)
failure to pay charges arising from an underbilling,
except theft of service, more than six months prior to the current billing;
(5)
failure to pay disputed charges, except for the required
average billing payment, until a determination as to the accuracy of the charges
has been made by the electric utility or the commission and the customer has
been notified of this determination;
(6)
failure to pay charges arising from an underbilling
due to any faulty metering, unless the meter has been tampered with or unless
such underbilling charges are due under §25.126 of this title (relating
to Meter Tampering); or
(7)
failure to pay an estimated bill other than a bill
rendered pursuant to an approved meter-reading plan, unless the electric utility
is unable to read the meter due to circumstances beyond its control.
(e)
Disconnection on holidays or weekends. Unless a dangerous
condition exists or the customer requests disconnection, service shall not
be disconnected on holidays or weekends, or the day immediately preceding
a holiday or weekend, unless utility personnel are available on those days
to take payments and reconnect service.
(f)
Disconnection due to electric utility abandonment. No electric
utility may abandon a customer or a certified service area without written
notice to its customers and all similar neighboring utilities, and approval
from the commission.
(g)
Disconnection of ill and disabled. No electric utility
may disconnect service at a permanent, individually metered dwelling unit
of a delinquent customer when that customer establishes that disconnection
of service will cause some person residing at that residence to become seriously
ill or more seriously ill.
(1)
Each time a customer seeks to avoid disconnection of service
under this subsection, the customer must accomplish all of the following by
the stated date of disconnection:
(A)
have the person's attending physician (for purposes of
this subsection, the term "physician" shall mean any public health official,
including medical doctors, doctors of osteopathy, nurse practitioners, registered
nurses, and any other similar public health official) call or contact the
electric utility by the stated date of disconnection;
(B)
have the person's attending physician submit a written
statement to the electric utility; and
(C)
enter into a deferred payment plan.
(2)
The prohibition against service termination provided
by this subsection shall last 63 days from the issuance of the electric utility
bill or a shorter period agreed upon by the electric utility and the customer
or physician.
(h)
Disconnection of energy assistance clients. No electric
utility may terminate service to a delinquent residential customer for a billing
period in which the electric utility receives a pledge, letter of intent,
purchase order, or other notification that the energy assistance provider
is forwarding sufficient payment to continue service.
(i)
Disconnection during extreme weather. An electric utility
cannot disconnect a customer anywhere in its service territory on a day when:
(1)
the previous day's highest temperature did not exceed 32
degrees Fahrenheit, and the temperature is predicted to remain at or below
that level for the next 24 hours, according to the nearest National Weather
Service (NWS) reports; or
(2)
the NWS issues a heat advisory for any county in the
electric utility's service territory, or when such advisory has been issued
on any one of the preceding two calendar days.
(j)
Disconnection of master-metered apartments. When a bill
for electric utility services is delinquent for a master-metered apartment
complex:
(1)
The electric utility shall send a notice to the customer
as required in subsection (k) of this section. At the time such notice is
issued, the electric utility shall also inform the customer that notice of
possible disconnection will be provided to the tenants of the apartment complex
in six days if payment is not made before that time.
(2)
At least six days after providing notice to the customer
and at least four days before disconnecting, the electric utility shall post
a minimum of five notices in conspicuous areas in the corridors or other public
places of the apartment complex. Language in the notice shall be in large
type and shall read: "Notice to residents of (name and address of apartment
complex): Electric utility service to this apartment complex is scheduled
for disconnection on (date), because (reason for disconnection)."
(k)
Disconnection notices. Any disconnection notice issued
by an electric utility to a customer must:
(1)
not be issued before the first day after the bill is due,
to enable the utility to determine whether the payment was received by the
due date. Payment of the delinquent bill at the electric utility's authorized
payment agency is considered payment to the electric utility.
(2)
be a separate mailing or hand delivered with a stated
date of disconnection with the words "disconnection notice" or similar language
prominently displayed.
(3)
have a disconnection date that is not a holiday or
weekend day, not less than ten days after the notice is issued.
(4)
be in English and in Spanish.
(5)
include a statement notifying the customer that if
they need assistance paying their bill by the due date, or are ill and unable
to pay their bill, they may be able to make some alternate payment arrangement,
establish deferred payment plan, or possibly secure payment assistance. The
notice shall also advise the customer to contact the electric utility for
more information.
§25.30.Complaints.
(a)
Complaints to the electric utility. A customer or applicant
may file a complaint in person, by letter, or by telephone with the electric
utility. The electric utility shall promptly investigate and advise the complainant
of the results within 21 days.
(b)
Supervisory review by the electric utility. Any electric
utility customer or applicant has the right to request a supervisory review
if they are not satisfied with the electric utility's response to their complaint.
(1)
If the electric utility is unable to provide a supervisory
review immediately following the customer's request, then arrangements for
the review shall be made for the earliest possible date.
(2)
Service shall not be disconnected before completion
of the review. If the customer chooses not to participate in a review then
the company may disconnect service, providing proper notice has been issued
under the disconnect procedures in §25.29 of this title (relating to
Disconnection of Service).
(3)
The results of the supervisory review must be provided
in writing to the customer within ten days of the review, if requested.
(4)
Customers who are dissatisfied with the electric utility's
supervisory review must be informed of their right to file a complaint with
the commission.
(c)
Complaints to the commission.
(1)
If the complainant is dissatisfied with the results of
the electric utility's complaint investigation or supervisory review, the
electric utility must advise the complainant of the commission's informal
complaint resolution process. The electric utility must also provide the customer
the following contact information for the commission: Public Utility Commission
of Texas, Office of Customer Protection, P.O. Box 13326, Austin, Texas 78711-3326,
(512)936-7120 or in Texas (toll-free) 1-888-782-8477, fax (512)936-7003, e-mail
address: customer@puc.state.tx.us, internet address: www.puc.state.tx.us,
TTY (512)936- 7136, and Relay Texas (toll-free) 1-800-735-2989.
(2)
The electric utility shall investigate all complaints
and advise the commission in writing of the results of the investigation within
21 days after the complaint is forwarded to the electric utility.
(3)
The electric utility shall keep a record for two years
after determination by the commission of all complaints forwarded to it by
the commission. This record shall show the name and address of the complainant,
the date, nature and adjustment or disposition of the complaint. Protests
regarding commission- approved rates or charges which require no further action
by the electric utility need not be recorded.
§25.31.Information to Applicants and Customers.
(a)
Information to applicants. Each electric utility shall
provide this information to applicants when they request new service or transfer
existing service to a new location:
(1)
the electric utility's lowest-priced alternatives available
at the applicant's location, The information shall begin with the lowest-priced
alternative and give full consideration to applicable equipment options and
installation charges;
(2)
the electric utility's alternate rate schedules and
options, including time of use rates and renewable energy tariffs if available;
and
(3)
the customer information packet described in subsection
(c) of this section. This is not required for the transfer of existing service.
(b)
Information regarding rate schedules and classifications
and electric utility facilities.
(1)
Each utility shall notify customers affected by a change
in rates or schedule of classifications.
(2)
Each electric utility shall maintain copies of its
rate schedules and rules in each office where applications are received.
(3)
Each electric utility shall post a notice in a conspicuous
place in each office where applications are received, informing the public
that copies of the rate schedules and rules relating to the service of the
electric utility, as filed with the commission, are available for inspection.
(4)
Each electric utility shall maintain a current set
of maps showing the physical locations of its facilities that includes an
accurate description of all facilities (substations, transmission lines,
etc.). These maps shall be kept by the electric utility in a central location
and will be available for commission inspection during normal working hours.
Each business office or service center shall have available up-to-date maps,
plans, or records of its immediate service area, with other information as
may be necessary to enable the electric utility to advise applicants, and
others entitled to the information, about the facilities serving that locality.
(c)
Customer information packets.
(1)
The information packet shall be entitled "Your Rights as
a Customer". Cooperatives may use the title, "Your Rights as a Member".
(2)
The information packet, containing the information
required by this section, shall be mailed to all customers on at least every
other year at no charge to the customer.
(3)
The information shall be written in plain, non-technical
language.
(4)
The information shall be provided in English and Spanish;
however, an electric utility is exempt from the Spanish language requirement
if 10% or fewer of its customers are exclusively Spanish-speaking. If the
utility is exempt from the Spanish language requirement, it shall notify all
customers through a statement in both English and Spanish, in the packet,
that the information is available in Spanish from the electric utility, both
by mail and at the electric utility's offices.
(5)
The information packet shall include all of the following:
(A)
the customer's right to information concerning rates and
services and the customer's right to inspect or obtain at reproduction cost
a copy of the applicable tariffs and service rules;
(B)
the electric utility's credit requirements and the circumstances
under which a deposit or an additional deposit may be required, how a deposit
is calculated, the interest paid on deposits, and the time frame and requirement
for return of the deposit to the customer;
(C)
the time allowed to pay outstanding bills;
(D)
grounds for disconnection of service;
(E)
the steps that must be taken before an electric utility
may disconnect service;
(F)
the steps for resolving billing disputes with the electric
utility and how disputes affect disconnection of service;
(G)
information on alternative payment plans offered by the
electric utility, including, but not limited to, deferred payment plans, level
billing programs, average payment plans, as well as a statement that a customer
has the right to request these alternative payment plans;
(H)
the steps necessary to have service reconnected after involuntary
disconnection;
(I)
the customer's right to file a complaint with the electric
utility, the procedures for a supervisory review, and right to file a complaint
with the commission, regarding any matter concerning the electric utility's
service. The commission's contact information: Public Utility Commission of
Texas, Office of Customer Protection, P.O. Box 13326, Austin, Texas 78711-3326,
(512) 936-7120 or in Texas (toll-free) 1-888-782-8477, fax (512) 936-7003,
e-mail address: customer@puc.state.tx.us, internet address: www.puc.state.tx.us,
TTY (512) 936-7136, and Relay Texas (toll- free) 1-800-735-2989, shall accompany
this information;
(J)
the hours, addresses, and telephone numbers of electric
utility offices and any authorized locations where bills may be paid and information
may be obtained or a toll-free telephone number that would provide the customer
with this information;
(K)
a toll-free telephone number or the equivalent (such as
WATS or collect calls) where customers may call to report service problems
or make billing inquiries;
(L)
a statement that electric utility services are provided
without discrimination as to a customer's race, color, sex, nationality, religion,
or marital status, and a summary of the company's policy regarding the provision
of credit history based upon the credit history of a customer's former spouse;
(M)
notice of any special services such as readers or notices
in Braille, if available, and the telephone number of the text telephone for
the deaf at the commission;
(N)
how customers with physical disabilities, and those who
care for them, can identify themselves to the electric utility so that special
action can be taken to inform these persons of their rights.
(O)
the customer's right to have his or her meter tested without
charge under §25.124 of this title (relating to Meter Testing);
(P)
the customer's right to be instructed by the utility how
to read his or her meter, if applicable;
(Q)
a statement that funded financial assistance may be available
for persons in need of assistance with their electric utility payments, and
that additional information may be obtained by contacting the local office
of the electric utility, Texas Department of Housing and Community Affairs,
or the Public Utility Commission of Texas. The main office telephone number
(toll-free number, if available) and address for each state agency shall
also be provided; and
(R)
information that explains how a residential customer can
be recognized as a critical load customer, the benefits of being a critical
load customer in an emergency situation, and the process for being placed
on the critical load list. For the purposes of this section a "critical load
residential customer" shall be defined as a residential customer who has a
critical need for electric service because a resident on the premises requires
electric service to maintain life.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on April
16, 1999.
TRD-9902219
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: May 6, 1999
Proposal publication date: December 11, 1998
For further information, please call: (512) 936-7308
Subchapter B. Customer Service and Protection
Part II.
Public Utility Commission of Texas
Subchapter E. Customer Service and Protection
Chapter 25.
Substantive Rules Applicable to Electric Service Providers
Chapter 26.
Substantive Rules Applicable to Telecommunications Service Providers