Rhode Island Code of Regulations
Title 815 - Division of Public Utilities and Carriers
Chapter 30 - Electric Utilities
Subchapter 05 - Non-regulated Power Producers
Part 2 - Nonregulated Power Producer Consumer Bill of Rights (815-RICR-30-05-2)
Section 815-RICR-30-05-2.6 - Nonregulated Power Producer Obligations

Universal Citation: 815 RI Code of Rules 30 05 2.6

Current through September 18, 2024

A. No contract for electric generation services by a nonregulated power producer shall require a residential customer to pay any fee for termination or early cancellation of a contract in excess of fifty dollars ($50.00), or twice the estimated bill for energy services for an average month, whichever is less, provided that when a nonregulated power producer offers a contract, it provides the residential customer an estimate of such customer's average monthly bill; and provided further, it shall not be considered a termination or early cancellation of a contract if a residential customer moves from one dwelling within the state to another dwelling within the state and remains with the same nonregulated power producer. If a residential customer does not have a contract for electric generation services with a nonregulated power producer and is receiving a month-to-month variable rate from such supplier, there shall be no fee for termination or early cancellation.

B. Each nonregulated power producer shall file annually with the Division, on December 31, a list of any aggregator or agent working on behalf of such supplier; the nonregulated power producer shall also notify the Division within five (5) business days whenever it removes or adds any aggregator or agent from the list of those working on its behalf during the course of the year.

C. Each nonregulated power producer shall develop and implement standards and qualifications for employees and third-party agents who are engaged in the sale or solicitation of electric generation services by such supplier.

D. Each nonregulated power producer, aggregator, or agent of a nonregulated power producer or aggregator, shall comply with the provisions of the telemarketing regulations adopted pursuant to 15 U.S.C. § 6102.

E. Any violation or failure to comply with any provision of R.I. Gen. Laws § 39-26.7-1 et seq. or this Part shall be subject to civil penalties imposed by the Division including a penalty of not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00), and in the case of continuing violation of any of the provisions of R.I. Gen. Laws § 39-26.7-1 et seq. or this Part, every day's continuance shall be deemed to be a separate and distinct offense, an order of refund, and/or the suspension or revocation of a nonregulated power producer's certificate, or a prohibition on the nonregulated power producer accepting new customers following a hearing.

F. Abusive switching practices, solicitations and renewals by nonregulated power producers; hiring and training of sales representatives, door-to-door sales and telemarketing practices by nonregulated power producers by nonregulated power producers. The General Assembly has determined that it is critical for nonregulated power producers to take all reasonable steps necessary to ensure that consumers have all of the information necessary to make informed decisions with respect to determining whether to procure their power from nonregulated power producers rather than purchasing it from a distribution company.

1. Abusive switching practices, solicitations and renewals by nonregulated power producers.
a. No customer's electric service may be switched from its current electric service provider unless the nonregulated power producer has complied fully with § 2.5 of this Part, and specifically with §§ 2.5(G), (H), (I), (J), and (K) of this Part.

b. In order to further ensure that customers are protected from abusive switching practices, and have truly been afforded an opportunity to make an informed decision regarding the source of their electric service, each customer signing a service contract or consenting to a change in service provider, as set out in § 2.5(I) of this Part, shall have a right to rescind their agreement or consent to receive services within three (3) business days of the date on which they signed the service contract or consented to a change in service provider. There shall be no penalty to the customer whatsoever for exercising this right of rescission.

2. Hiring and training of sales representatives, door-to-door sales, and telemarketing practices by nonregulated power producers.
a. All nonregulated power producers are responsible for ensuring that all sales representatives are thoroughly trained on the requirements of these rules, by the nonregulated power producer, prior to a sales representative contacting any consumer by any means, whether in writing, door-to-door, or through telemarketing. All sales representatives must be trained on, and respect, the rights of all consumers as set out in this Part generally, and specifically those rights as set out in § 2.5 of this Part, including especially §§ 2.5(G), (H), (I),(J), and (K) of this Part.

b. The nonregulated power producer shall document all training provided to its sales representatives, and make that documentation available to the Division for inspection upon request. No sales representative shall be allowed to approach any consumer about any of the nonregulated power producer's products unless the nonregulated power producers has documented the training of that sales representative.

c. The nonregulated power producer shall be held responsible for ensuring that all sales representatives clearly identify themselves as an employee or representative of the nonregulated power producer for whom they are working; no sales representative soliciting sales on behalf of a nonregulated power producer shall, under any circumstances, or in any manner, identify themselves, either explicitly or implicitly, as an employee or representative of the distribution company. Failure of a sales representative working for a nonregulated power producer to comply with this provision shall be considered a separate violation of this Part within the meaning of § 2.6(E) of this Part, above, each time the failure occurs.

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