§ 54.10. Notice of contract expiration or change in terms for residential and small business customers.
An EGS shall provide the following notices to customers prior to the expiration of a fixed duration contract or prior to a change in contract terms:
(1) An initial notice shall be provided to each affected customer 45 to 60 days prior to the expiration date of the fixed duration contract or the effective date of the proposed change in terms. For customers who have elected to receive electronic communications from the EGS, the notice shall be transmitted in the manner chosen by the customer. The initial notice must include:
(i) A general description of the proposed change in terms of service.
(ii) The date a change shall be effective or when the fixed duration contract is to expire.
(iii) An explanation of why a change in contract terms is necessary.
(iv) A statement indicating when a follow-up options notice shall be issued with details regarding the proposed change.
(v) A statement explaining that the options notice must discuss the customer’s options to the proposed change in terms of service or expiring fixed duration contract.
(vi) A statement indicating whether the existing fixed duration contract has a cancellation fee, and an explanation of the fee amount and how to avoid the fee, including a notice that the customer is not subject to the cancellation fee if the customer terminates the contract at any time after the customer receives the options notice required under § 54.10(2).
(2) An options notice shall be provided, by first class mail, to each affected customer at least 30 days prior to the expiration date of the fixed duration contract or the effective date of the proposed change in terms. The options notice must include:
(i) A statement advising the customer of the specific changes being proposed by the EGS and informing the customer of how to exercise the customer’s options, including the customer’s ability to accept the proposed changes, to choose another product offering from the customer’s existing EGS, to select another EGS or to return to default service.
(ii) Information regarding new pricing or renewal pricing including the price to be charged, per kilowatt-hour, for the first billing cycle of generation service:
(A) If a customer fails to respond to the options notice and is converted to a month-to-month contract, the EGS shall provide a disclosure statement under § 54.5 (relating to disclosure statement for residential and small business customers).
(I) Notice of a subsequent change in pricing shall be provided to the customer at least 30 days prior to the new price being charged.
(II) For customers who have elected to receive electronic communications from the EGS, notice of the change in pricing shall be transmitted in the manner chosen by the customer. For all other customers, notice shall be provided by first class mail.
(B) If a customer fails to respond to the options notice and is entered into a new fixed duration contract, the EGS shall provide the fixed, per kilowatt-hour price to be charged and term length of the contract.
(iii) The telephone numbers and Internet addresses, as applicable, for the Office of Consumer Advocate, the Commission and PaPowerSwitch.com.
(iv) Language clearly visible on the front of the envelope used to provide the options notice stating that it contains important information regarding the expiration or changes in terms of the customer’s electric supply contract.
(v) A statement indicating whether the existing fixed duration contract has a cancellation fee and, if so, that the customer is not subject to the cancellation fee if the customer terminates the contract at any time between the date of the options notice and the expiration date of the fixed duration contract.
(3) When a customer fails to respond to either notice, the following apply:
(i) A fixed duration contract shall be converted to one of the following:
(A) A month-to-month contract, either at the same terms and conditions or at revised terms and conditions, as long as the contract does not contain cancellation fees.
(B) Another fixed duration contract, as long as the new contract includes a customer-initiated cancellation provision that allows the customer to cancel at any time, for any reason, and does not contain cancellation fees.
(ii) The converted contracts shall remain in place until the customer chooses one of the following options:
(A) Select another product offering from the existing EGS.
(B) Enroll with another EGS.
(C) Return to the default service provider.
Source The provisions of this § 54.10 adopted June 13, 2014, effective June 14, 2014, 44 Pa.B. 3522; amended July 31, 2020, effective in 60 days, 50 Pa.B. 3861. Immediately preceding text appears at serial pages (372474) to (372475).
Cross References This section cited in 52 Pa. Code § 54.3 (relating to standards and pricing practices for retail electricity services); and 52 Pa. Code § 54.5 (relating to disclosure statement for residential for and small business customers).
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