Section R14-2-1617. Disclosure of Information

A.      Each Load-Serving Entity providing either generation service or Standard Offer Service shall prepare a consumer informa- tion label that sets forth the following information:

1.        Price to be charged for generation services,

2.        Price variability information,

3.        Customer service information,

4.        Time period to which the reported information applies.

B.       Each Load-Serving Entity providing either generation service or Standard Offer Service shall provide, upon request, the fol- lowing information (to the extent reasonably known):

1.        Composition of resource portfolio,

Corporation Commission – Fixed Utilities

2.        Fuel mix characteristics of the resource portfolio,

3.        Emissions characteristics of the resource portfolio.

C.      The Director, Utilities Division, shall develop the format and reporting requirements for the consumer information label to ensure that the information is appropriately and accurately reported and to ensure that customers can use the labels for comparisons among Load-Serving Entities. The format devel- oped by the Director, Utilities Division, shall be used by each Load-Serving Entity.

D.      Each Load-Serving Entity shall include the information disclo- sure label in a prominent position in all written marketing materials specifically targeted to Arizona. When a Load-Serv- ing Entity advertises in nonprint media, or in written materials not specifically targeted to Arizona, the marketing materials shall indicate that the Load-Serving Entity shall provide the consumer information label to the public upon request.

E.       Each Load-Serving Entity shall prepare an annual disclosure report that aggregates the resource portfolios of the Load- Serving Entity and its affiliates.

F.       Each Load-Serving Entity shall  prepare  a  statement of its terms of service that sets forth the following information:

1.        Actual pricing structure or rate design according to which the customer with a load of less than 1 MW will be billed, including an explanation of price variability and price level adjustments that may cause the price to vary;

2.        Length and description of the applicable contract and pro- visions and conditions for early termination by either party;

3.        Due date of bills and consequences of late payment;

4.        Conditions under which a credit agency is contacted;

5.        Deposit requirements and interest on deposits;

6.        Limits on warranties and damages;

7.        All charges, fees, and penalties;

8.        Information on consumer rights pertaining to estimated bills, third-party billing, deferred payments, and recision of supplier switches within three days of receipt of confir- mation;

9.        A toll-free telephone number for service complaints;

10.     Low income programs and low income rate eligibility;

11.     Provisions for default service;

12.     Applicable provisions of state utility laws; and

13.     Method whereby customers will be notified of changes to the terms of service.

G.      The consumer information label, the disclosure report, and the terms of service shall be distributed in accordance with the fol- lowing requirements:

1.        Prior to the initiation of service for any retail customer,

2.        Prior to processing written authorization from a retail customer with a load of less than 1 MW to change Elec- tric Service Providers,

3.        To any person upon request,

4.        Made a part of the semi-annual and annual reports required by R14-2-1613.

5.        The information  described in  this  subsection shall  be posted on any electronic information medium of the Load-serving Entities.

H.      Failure to comply with the rules on information disclosure or dissemination of inaccurate information may result in suspen- sion or revocation of certification or other penalties as deter- mined by the Commission.

I.        The Commission shall establish a consumer information advi- sory panel to review the effectiveness of the provisions of this Section and to make recommendations for changes in the rules.

Historical Note

Adopted by an emergency action effective August 10,

1998, pursuant to A.R.S. § 41-1026, in effect for a maxi- mum of 180 days (Supp. 98-3). Emergency adoption replaced by exempt permanent adoption effective December 31, 1998 (Supp. 98-4). Former Section R14-2- 1617 repealed; new Section R14-2-1617 renumbered from R14-2-1618 and amended by exempt rulemaking at 5 A.A.R. 3933, effective 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)).