§ 62.75. Disclosure statement for residential and small business customers.
(a) The disclosure statement prices must reflect the marketed prices and the billed prices.
(b) The NGS shall provide the customer a written disclosure statement containing the terms of service at no charge whenever:
(1) The customer requests that an NGS initiate service.
(2) The NGS proposes to change the terms of service.
(c) The disclosure statement’s terms of service shall be disclosed, including the following terms and conditions, if applicable:
(1) Commodity charges shall be disclosed according to the actual prices and be presented in the standard pricing unit of the NGDC or other Commission-approved standard pricing unit. Commodity charges must include estimated total state taxes. Commodity charges exclude State sales tax and county tax.
(2) The variable pricing statement (if applicable) must include:
(i) Conditions of variability (state on what basis prices will vary) including the NGS’s specific prescribed variable pricing methodology.
(ii) The starting price and the ceiling price, if the ceiling price is applicable. If the price is introductory, the variable pricing statement must include a statement that the price is an introductory price, the duration of the introductory period and the price for the first billing cycle after the introductory period.
(iii) If there is not a limit on price variability, the NGS shall provide a clear and conspicuous statement that there is not a limit on how much the price may change from one billing cycle to the next.
(iv) A description of when and how the customer will receive notification of price changes.
(v) A telephone number and Internet address at which a customer may obtain the previous 24 months’ average monthly billed prices for that customer’s rate class and NGDC service territory. If an NGS has not been providing service in a rate class and NGDC service territory for 24 months, the NGS shall provide the average monthly billed prices for the months available to date. If price history or representative price information is not available for the product, the NGS shall inform the customer of this fact.
(vi) In plain language, a statement that historical pricing is not indicative of present or future pricing.
(3) An itemization of basic and nonbasic charges distinctly separate and clearly labeled.
(4) The length of the agreement, which includes:
(i) The starting date.
(ii) The expiration date, if applicable.
(5) An explanation of sign-up bonuses, add-ons, limited time offers, other sales promotions and exclusions, if applicable.
(6) An explanation of prices, terms and conditions for special services, if applicable.
(7) The cancellation provisions, if applicable.
(8) The renewal provisions, if applicable.
(9) An explanation of limits on price variability, penalties, fees or exceptions, printed in type size larger than the type size appearing in the terms of service. Penalties shall be disclosed in actual dollars or a specific method for determining the actual dollars shall be disclosed.
(10) Customer contact information that includes the name of the NGS, the NGS’s address, telephone number, Commission license number and Internet address, if available.
(11) A statement providing that information about shopping for a gas supplier is available at www.PaGasSwitch.com or other successor media platform as determined by the Commission, by calling the Commission at (800) 692-7380 and at www.oca.state.pa.us.
(d) Customers shall be provided a 3-day right of rescission period following receipt of the disclosure statement from the NGS.
(1) The 3-day right of rescission is 3 business days.
(2) The 3-day right of rescission begins when the customer receives the disclosure statement from the NGS.
(3) The customer may cancel in writing, orally or electronically, if available, by contacting the NGS.
(4) Waivers of the 3-day right of rescission are not permitted.
(e) The definition for commodity charges is required on natural gas disclosure statements and must be defined in accordance with § 62.80 (relating to common natural gas competition terms). Definitions for other basic charges, if applicable, are required. Definitions for each of the nonbasic services, if applicable, are required. The definition section of the bill must be distinctly separate.
(f) The NGS shall include in the customer’s disclosure statement the following statements which may appear together in a paragraph:
(1) ‘‘Commodity prices and charges are set by the natural gas supplier you have chosen.’’
(2) ‘‘The Public Utility Commission regulates distribution prices and services.’’
(g) Disclosure statements must include the following customer notification:
‘‘If you have a fixed duration contract approaching the expiration date, or whenever we propose to change the terms of service, you will receive two separate written notifications, the first approximately 60 to 75 days in advance and the second 45 days in advance of either the expiration date or the effective date of the proposed changes. These notifications will explain your options going forward.’’
(h) If the supplier of last resort changes, the new supplier of last resort shall notify customers of that change, and shall provide customers with the name, address, telephone number and Internet address, if available.
(i) The NGS shall provide, with the disclosure statement, a separate NGS contract summary in a format provided by the Commission.
(j) If the contract is assignable, the NGS shall inform the customer at the time the parties enter into the contract. Prior to a contract assignment, the NGS shall provide notice to the affected customer, the affected NGDC and the Commission. The customer notice must include the name of the new NGS, the contact information for the new NGS and language informing the customer that contract terms and conditions remain unchanged.
Source The provisions of this § 62.75 amended August 12, 2016, effective August 13, 2016, 46 Pa.B. 4959. Immediately preceding text appears at serial pages (360924) and (367205) to (367206).
Cross References This section cited in 52 Pa. Code § 62.71 (relating to purpose); 52 Pa. Code § 62.81 (relating to notice of contract expiration or change in terms for residential and small business customers); 52 Pa. Code § 62.224 (relating to POR programs); 52 Pa. Code § 111.2 (relating to definitions); 52 Pa. Code § 111.7 (relating to customer authorization to transfer account; transaction; verification; documentation); 52 Pa. Code § 111.11 (relating to receipt of disclosure statement and right to rescind transaction); and 52 Pa. Code § 111.12 (relating to consumer protection).
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