Section R14-2-1612. Service Quality, Consumer Protection, Safety, and Billing Requirements

A.      Except as indicated elsewhere in this Article, R14-2-201 through R14-2-212, inclusive, are adopted in this Article by reference. However, where the term “utility” is used in R14-2-

201 through R14-2-212, the term “utility” shall pertain to Electric Service Providers providing the services described in each subsection of R14-2-201 through R14-2-212. R14-2- 203(E) and R14-2-212(H) shall pertain only to Utility Distri- bution Companies.

B.       The following shall not apply to this Article:

1.        R14-2-202 in its entirety,

2.        R14-2-206 in its entirety,

3.        R14-2-207 in its entirety, 4. R14-2-212 (F)(1),

5.     R14-2-213,

6.    R14-2-208(E) and (F).

C.      No consumer shall be deemed to have changed providers of any service authorized in this Article (including changes from the Affected Utility to another provider) without written authorization by the consumer for service from the new pro- vider. If a consumer is switched to a different (“new”) provider without such written authorization, the new provider shall cause service by the previous provider to be resumed and the new provider shall bear all costs associated with switching the consumer back to the previous provider. A new provider who switches a customer without written authorization shall also refund to the retail electricity customer the entire amount of the customer’s electricity charges attributable to the electric generation service from the new provider for three months, or the period of the unauthorized service, whichever is more. A Utility Distribution Company may request the Commission’s Consumer Services Section to review or audit written authori- zations to assure a customer switch was properly authorized. A written authorization that is obtained by deceit or deceptive practices shall not be deemed a valid written authorization. Electric Service Providers shall submit reports within 30 days of the end of each calendar quarter to the Commission, through the Compliance Section, Utilities Division, itemizing the direct complaints filed by customers who have had their Electric Service Providers changed without their authoriza- tion. Violations of the Commission’s rules concerning unau- thorized changes of providers may result in penalties, or suspension or revocation of the provider’s certificate. The fol- lowing requirements and restrictions shall apply to the written authorization form requesting electric service from the new provider:

1.        The authorization shall not contain any inducements;

2.        The authorization shall be in legible print with clear and plain language confirming the rates, terms, conditions, and nature of the service to be provided;

3.        The authorization shall not state or suggest that the cus- tomer must take action to retain the customer’s current electricity supplier;

4.        The authorization shall be in the same language as any promotional or inducement materials provided to the retail electric customer; and

5.        No box or container may be used to collect entries for sweepstakes or a contest that, at the same time, is used to collect authorization by a retail electric customer to change their electricity supplier or to subscribe to other services.

D.      A residential customer may rescind its authorization to change providers of any service authorized in this Article within three business days, without penalty, by providing written notice to the provider.

E.       Customer-specific information shall not be released without specific prior written customer authorization unless the infor- mation is requested by a law enforcement or other public agency, or is requested by the Commission or its Staff, or is reasonably required for legitimate account collection activi- ties, or is necessary to provide safe and reliable service to the customer.

F.       Each Electric Service Provider providing service governed by this Article shall be responsible for meeting applicable reli- ability standards and shall work cooperatively with other com- panies with whom it has interconnections, directly or indirectly, to ensure safe, reliable electric service. Utility Dis- tribution Companies shall make reasonable efforts to notify customers of scheduled outages and also provide notification to the Commission.

G.      Each Electric Service Provider shall provide at least 45 days’ written notice to all of its affected consumers of its intent to cease providing generation, transmission, distribution, or ancillary services necessitating that the consumer obtain ser- vice from another supplier of generation, transmission, distri- bution, or ancillary services.

H.      All Electric Service Providers rendering service under this Article shall submit accident reports, through the Compliance Section, as required in R14-2-101.

I.        An Electric Service Provider providing firm electric service governed by this Article shall make reasonable efforts to rees- tablish service within the shortest possible time when service interruptions occur and shall work cooperatively with other companies to ensure timely restoration of service where facili- ties are not under the control of the Electric Service Provider.

J.        Electric Service Providers shall give at least five days’ notice to their customer of scheduled return to Standard Offer Ser- vice. Electric Service Providers shall provide 15 calendar days’ notice prior to the next scheduled meter read date to the appropriate Utility Distribution Company regarding the intent to terminate a service agreement. Return of that customer to Standard Offer Service will be at the next regular billing cycle if appropriate metering equipment is in place and the request is provided 15 calendar days prior to the next regular meter read date. Responsibility for charges incurred between the notice and the next scheduled read date shall rest with the Electric Service Provider.

K.      Each Electric Service Provider shall ensure that bills rendered on its behalf include its address and the toll-free telephone numbers for billing, service, and safety inquiries. The bill must also include the address and toll-free telephone numbers for the Phoenix and Tucson Consumer Service Sections of the Arizona Corporation Commission Utilities Division. Each Electric Service Provider shall ensure that billing and collec- tions services rendered on its behalf comply with subsection (A).

L.       Additional Provisions for Metering and Meter Reading Ser- vices

1.        When authorized by the consumer, an Electric Service Provider who provides metering or meter reading ser- vices pertaining to a particular consumer shall provide appropriate meter reading data via standardized formats, approved by the Director, Utilities Division, to all appli- cable Electric Service Providers serving that same con- sumer.

2.        Any person or entity relying on metering information provided by an Electric Service Provider may request a

Corporation Commission – Fixed Utilities

meter test according to the tariff on file and approved by the Commission. However, if the meter is found to be in error by more than 3%, no meter testing fee will be charged.

3.        Each competitive point of delivery shall be assigned a Universal Node Identifier by the Affected Utility or the Utility Distribution Company whose distribution system serves the customer.

4.        Unless the Commission grants a specific waiver all com- petitive metered and billing data shall be translated into consistent, statewide formats, approved by the Director, Utilities Division, that shall be used by the Affected Util- ity or the Utility Distribution Company and the Electric Service Provider.

5.        Unless the Commission grants a specific waiver, the stan- dardized data exchange formats approved by the Director, Utilities Division, shall be used for all data exchange transactions from the Meter Reading Service Provider to the Electric Service Provider, Utility Distribution Com- pany, and Schedule Coordinator. This data will be trans- ferred via the Internet using a secure sockets layer or other secure electronic media.

6.        Minimum metering requirements for competitive custom- ers over 20 kW, or 100,000 kWh annually, should consist of hourly consumption measurement meters or meter sys- tems. Predictable loads will be permitted to use load pro- files to satisfy the requirements for hourly consumption data. The Load-Serving Entity developing the load pro- file shall determine if a load is predictable.

7.        Competitive customers with hourly loads of 20 kW (or 100,000 kWh annually) or less will be permitted to use Load Profiling to satisfy the requirements for hourly con- sumption data, however, they may choose other metering options offered by their Electric Service Provider consis- tent with the Commission rules on Metering.

8.        Metering equipment  ownership will be limited  to  the Affected Utility, Utility Distribution Company, and the Electric Service Provider, or the customer, who must obtain the metering equipment through the Affected Util- ity, Utility Distribution Company, or an Electric Service Provider.

9.        Maintenance and servicing of the metering equipment (including Current Transformers and Potential Trans- formers) will be limited to the Affected Utility, Utility Distribution Company, and the Electric Service Provider.

10.     Distribution primary voltage Current Transformers and Potential Transformers may be owned by the Affected Utility, Utility Distribution Company, or the Electric Ser- vice Provider.

11.     Transmission primary voltage Current Transformers and Potential Transformers may be owned by the Affected Utility or Utility Distribution Company only.

12.     North American Electric Reliability Council-recognized holidays will be used in calculating “working days” for meter data timeliness requirements. If a holiday officially occurs on a Saturday, the preceding Friday will be recog- nized as the date of the holiday. If a holiday officially occurs on a Sunday, the following Monday will be recog- nized as the date of the holiday.

13.     The Director, Utilities Division shall approve operating procedures to be used by the Utility Distribution Compa- nies and the Meter Service Providers for performing work on primary metered customers.

14.     The Director, Utilities Division shall approve operating procedures to be used by the Meter Reading Service Pro-

vider  for  validating,  editing,  and  estimating   metering data.

15.     The Director, Utilities Division shall approve perfor- mance metering specifications and standards to be used by all entities performing metering.

M.     Electric Service Providers shall comply with applicable reli- ability standards and practices established by the Western Sys- tems Coordinating Council and the North American Electric Reliability Council or successor organizations.

N.      Electric Service Providers shall provide notification and infor- mational materials to consumers about competition and con- sumer choices, such as a standardized description of services, as ordered by the Commission.

O.      Billing Elements. After the commencement of competition within a service territory pursuant to R14-2-1602, all customer bills, including bills for Standard Offer Service customers within that service territory, will list, at a minimum, the fol- lowing billing cost elements:

1.        Competitive Services:

a.         Generation, which shall include generation-related billing and collection;

b.        Competition Transition Charge;

c.         Transmission and Ancillary Services;

d.        Metering Services; and

e.         Meter Reading Services.

2.        Non-Competitive Services:

a.         Distribution services, including distribution-related billing and collection, required Ancillary Services and Must-Run Generating Units; and

b.        System Benefit Charges

3.        Regulatory assessments; and

4.        Applicable taxes.

5.        In cases where the Utility Distribution Company and the Electric Service Provider provide separate bills to cus- tomers, the Electric Service Provider is not required to list the billing cost elements for non-competitive services. In cases where the Utility Distribution Company and the Electric Service Provider provide separate bills to cus- tomers, the Utility Distribution Company is not required to list the billing cost elements for competitive services if the customer is obtaining competitive services from an Electric Service Provider.

P.       The operating procedures approved by the Director, Utilities Division, will be used for Direct Access Service Requests as well as other billing and collection transactions.

Historical Note

Adopted effective December 26, 1996, under an exemp- tion as determined by the Arizona Corporation Commis- sion (Supp. 96-4). Amended by an emergency action effective August 10, 1998, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 98-3). Emer- gency amendment replaced by exempt permanent amend- ment effective December 31, 1998 (Supp. 98-4). Former Section R14-2-1612 renumbered to R14-2-1611; new Section R14-2-1612 renumbered from R14-2-1613 and amended by exempt rulemaking at 5 A.A.R. 3933, effec- tive September 24, 1999 (Supp. 99-3). Amended by exempt rulemaking at 6 A.A.R. 4180, effective October 13, 2000 (Supp. 00-4).

Note

Editor’s Note: The Arizona Corporation Commission has determined that the following Section is exempt from the Attorney General approval provisions of the Arizona Administrative Proce- dure Act (A.R.S. § 41-1041) by a court order (State ex. rel. Corbin

v. Arizona Corporation Commission, 174 Ariz. 216 848 P.2d 301 (App. 1992)).

Corporation Commission – Fixed Utilities