Current through Register 1531, September 27, 2024
(1)
Purpose and Scope.
(a)
Purpose. The
purpose of 220 CMR 14.05 is to ensure that Residential and Non-Residential
Customers with an annual load of less than or equal to 7,000 therms are
presented with consistent information by which to evaluate services offered by
Suppliers and Local Distribution Companies.
(b)
Scope. 220 CMR
14.05 applies to all Suppliers and to Local Distribution Companies as specified
in 220 CMR 14.05.
(2)
Terms of Service Requirement. Each Supplier shall
prepare a statement entitled "Terms of Service" as described in 220 CMR
14.05(2). The Terms of Service shall be distributed in accordance with 220 CMR
14.05(3), and shall conform to all applicable rules and regulations of the
Attorney General (940 CMR). The Terms of Service shall present the following
information:
(a) Actual pricing structure
according to which the Retail Customer will be billed, including an explanation
of price variability and price level adjustments that can cause the price to
vary;
(b) Length and kind of
contract;
(c) Due date of Bills and
consequences of late payment;
(d)
Conditions under which a credit agency is contacted;
(e) Deposit requirements and interest on
deposits;
(f) Limits on warranty
and damages;
(g) Any and all
charges, fees, and penalties;
(h)
Information on consumer rights pertaining to third-party billing, deferred
payments, and rescission of supplier switch within three days of receipt of
confirmation;
(i) A toll-free
number for customer service and complaints;
(j) Low-income rate eligibility;
(k) Statement that customers should contact
their local distribution company for details on
the availability and terms of default service; and
(l) Method whereby the Retail
Customer will be notified of changes to items in the Terms of Service.
(3)
Distribution of Terms of Service. The Terms of Service
shall be distributed as follows:
(a) At the
same time or immediately subsequent to a Retail Customer's affirmative choice
of a Supplier, the Supplier shall provide the Retail Customer with the Terms of
Service prepared pursuant to 220 CMR 14.05(2). Said document shall accompany
written confirmation by the Supplier of the Retail Customer's agreement to take
Supplier Service; and the Retail Customer's receipt of said document shall
trigger the three-day rescission period required in
220 CMR
14.04(4)(d).
(b)
Default Service.
With the first bill rendered to a Retail Customer following the initiation of
Default Service, the Local Distribution Company shall notify the Retail
Customer that the tariff for such service and the Local Distribution Company's
terms and conditions for Distribution Service are on file with the Department
and are available upon request.
(c)
Upon Request. The Terms of Service, or terms and
conditions, for any available supply offerings shall be available to any person
upon request.
(4)
Information Disclosure in Advertising.
(a) All advertisements shall comply with
state and federal regulations governing advertising, including the Attorney
General's regulations (940 CMR). The Department does not represent that
materials prepared pursuant to 940 CMR constitute compliance with state and
federal regulations governing advertising.
(b) Any advertising or marketing of natural
gas rates shall indicate the rate to be charged in bold print, in the case of
printed and Internet materials, or through clear and distinct speech in the
case of television or radio advertisements.
(c) A Supplier shall print in a prominent
position in all written marketing materials describing Supplier Service,
including newspaper, magazine, and other written advertisements; direct mail
materials; and electronically-published advertising including Internet
materials, that a Retail Customer may obtain the Terms of Service upon request.
Where Supplier Service is marketed in non-print media, the marketing materials
shall indicate that the Retail Customer may obtain the Terms of Service upon
request.
(5)
Enforcement. Dissemination of inaccurate information,
or failure to comply with the Department's regulations on information
disclosure, may result in suspension, revocation, or non-renewal of a
Supplier's or Retail Agent's certificate pursuant to
220 CMR
14.04(2)(e).
