§ 39-26.7-6. Nonregulated power producer obligations.
(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 the 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 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 the supplier, there shall be no fee for termination or early cancellation.
(b) Each nonregulated power producer shall file annually with the division a list of any
aggregators or agents working on behalf of the supplier.
(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 the 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 this chapter or rules promulgated
by the division shall be subject to civil penalties by the division including, a penalty
of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000),
and in the case of a continuing violation of any of the provisions of this chapter,
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 accepting new customers following a hearing.
(f) On or before July 1, 2017, the division shall initiate a rulemaking proceeding to
develop and implement, or cause to be implemented, standards relating to abusive switching
practices; solicitations and renewals by nonregulated power producers; the hiring
and training of sales representatives; door-to-door sales; and telemarketing practices
by nonregulated power producers, in accordance with the goal of ensuring customers
have sufficient information to make an informed decision. The division shall issue
final rules on such docket not later than six (6) months after its initiation.
(g) The division may initiate a docket to review the feasibility, costs, and benefits
of placing on standard-offer service all customers of all nonregulated power producers
who are hardship cases.