| Estimated Time to Connect: |
5 days |
| Your Rights as a Customer: |
This document contains important information
regarding your rights as a customer.
Welcome to First Choice Power.
This document summarizes Your Rights as a Customer and is based
on customer protection rules adopted by the Public Utility Commission
of Texas (PUC). These rules apply to all retail electric providers
(REPs), including those affiliated with your utility (Affiliated REP) and
the provider of last resort (POLR), unless otherwise noted. You may
view the PUC's complete set of electric rules at www.puc.state.tx.us/
rules/subrules/electric. For your convenience, contact information is
located at the end of this document.
Obtaining and Canceling Service:
Unauthorized Change of Service Provider or "Slamming":
A REP must obtain your verifiable authorization before switching your
electric service. If you believe your electric service has been switched
without your authorization, you should request that the REP provide
you with a copy of your authorization and verification. The REP must
submit this to you within 5 business days of your request. If you are
not satisfied with this response, you may also file a complaint with the
PUC at the address provided. Upon receipt of a complaint filed with
the PUC, the REP must respond within 21 days of receipt of the com-
plaint, providing all documentation relied upon by the REP related to
the authorization to switch, and any corrective actions taken to date,
if any. If a REP is serving your account without proper authorization,
they must work with other market participants to take all actions nec-
essary to return you to your original REP as quickly as possible. Your
original REP has the right to bill you at the price disclosed in your terms
of service from either: 1) the date you are returned to your original
REP, or 2) any prior date chosen by your original REP for which that
REP had the authorization to serve you. The REP that served you with-
out proper authorization shall, within five days from the date that
your service is returned to your original REP, refund all charges paid
for the time period the original REP ultimately bills you. In addition,
the REP that served you without your authorization is responsible for
paying all charges associated with returning your service to your REP
of choice. For periods that the unauthorized REP served you that are
not billed to you by your original REP, the REP that served you without
your authorization may bill you, but at a rate no higher than the
rate you would have been charged by your original REP.
Right of Rescission:
When requesting a switch in service providers, you may rescind your
contract with the new REP without any penalty or fee within 3 federal
business days after you receive your Terms of Service Agreement. For
details on how to rescind your service, please see your Terms of
Service Agreement. This right of rescission does not apply to applicants
requesting a move-in, to customers whose REP transfers
the customer to the POLR, or when a REP "drops" a customer to the
affiliated REP for non-payment. If you do not rescind your request
for service within this three federal business day period, you will be
responsible for all
service rendered to you at the enrollment address. If you do not rescind
the contract within this 3 federal business day period, you retain the
right to select another REP and may do so by contacting that REP,
although you will be responsible for any charges incurred to switch
your service. See your Terms of Service Agreement for details regarding
canceling or terminating your contract.
Billing Issues:
Unauthorized Charges or "Cramming":
Before any new charges are included on your electric bill, your REP must
inform you of the product or service, all associated charges, and how
these charges will appear on your electric bill and obtain your consent
to accept the product or service. Your REP must provide you with a toll-
free telephone number and address that you may use to resolve any
billing dispute or to ask questions about your bill. If you believe your bill
includes unauthorized charges, you may contact your REP to dispute
such charges and may file a complaint with the PUC. Your REP will
not seek to terminate your electric service for nonpayment of an
unauthorized charge or file an unfavorable credit report against you
for the disputed unpaid charges that are alleged to be unauthorized,
unless the dispute is ultimately resolved against you. If the charges
are determined to be unauthorized, your REP will cease charging you
for the unauthorized service or product, remove the unauthorized
charge from your bill, and refund or credit all money you paid for any
unauthorized charge within 45 days. If charges are not refunded or
credited within three billing cycles, interest shall be paid to you at an
annual rate established by the PUC on the amount of any unauthorized
charge until it is refunded or credited. You may request all billing
records under the REP's control related to any unauthorized charge
within 15 business days after the date the unauthorized charge is
removed from your bill. Your REP will not re-bill you for any charges
determined to be unauthorized.
Deferred Payment Plans and Other Payment Arrangements:
If you cannot pay your bill, please call your REP immediately. Your REP
may offer you a short-term payment arrangement that allows you to
pay your bill after your due date, but before your next bill is due. In
addition, you may qualify for a 'deferred payment plan'. A deferred
payment plan allows a customer to pay an outstanding bill in installments
beyond the due date of the next bill. The REP may require an
initial payment to initiate the agreement. Your REP must offer you a
deferred payment plan unless you have received more than two termination/
disconnection notices during the past 12 months or you have
been their customer for fewer than three months and do not have
sufficient credit or payment history with another REP. All REPs must offer
customers deferred payment plans for bills that are due during an
extreme weather emergency and to customers who have been underbilled
in the amount of $50.00 or more. A deferred payment plan may
include a 5% penalty for late payment; however, the POLR may not
charge a late fee. Reps must also offer level or average payment plans
to customers who are not currently delinquent in payment to the REP.
If you do not fulfill the terms of the payment arrangement or deferred
payment plan, or the level or average payment plan, your REP may
either terminate or disconnect your service as discussed further below.
For additional details on these programs, please see your Terms of
Service document or contact your REP for further information.
Financial and Energy Assistance:
If the customer contacts the REP and indicates an inability to pay, the
REP must inform the customer of all applicable payment options and
payment assistance programs that are offered by or available from the
REP. An electric customer who receives food stamps, Medicaid, AFDC
or SSI from the Texas Department of Human Services (TDHS) or whose
household income is not more than 125 percent of the federal poverty
guidelines may qualify for energy assistance from the Texas Department
of Housing and Community Affairs (TDHCA). See the 'Discounts
for Low Income Customers' section for more details about discounts
available for qualified low-income customers.
Meter Reading and Testing:
Please contact your REP for information regarding how to read
your meter. You have the right to request a meter test. Your REP
may make this request to your Local Distribution Company (LDC)
on your behalf. If a test is performed more than once every four years,
and the meter is determined to be functioning properly, then
you may be charged a fee for the additional
meter test(s) at the rate approved for your LDC. The LDC or REP
will advise you of the test results, including the test date, testing
person and, if applicable, the removal date of the meter.
Disconnection and Termination:
Failure to Pay:
For customers who do not pay their electric bill by the due date,
their REP may either 'terminate' their electric service agreement
or request the LDC to 'disconnect' the electric service,
after the expiration of a required 10-day notice period.
Termination of Service:
If your payment for electric service is not received by the due
date on your bill, your contract may be terminated. If you do
not obtain service from another REP, your electric account will
be "dropped" to the Affiliated REP (AREP) in your area. Your REP
will mail you a separate Termination Notice no earlier than the
first day after the date your bill is due. The termination date will
be 10 days from the date the notice is issued. The final date your
account balance is due may not fall on a holiday, weekend day,
or any other day that the REP's personnel are not available to
take payments. If payment is received, or satisfactory payment
arrangements are made, prior to the date of termination on the
Termination Notice, your REP will continue to serve you under
the Terms and Conditions of service in effect prior to issuance
of the Termination notice.
Your REP cannot terminate your service for any of the following
reasons:
1. Failure to pay for electric service by a previous occupant of
the premise if that occupant is not of the same household;
2. Failure to pay any charge unrelated to electric service;
3. Failure to pay a different type or class of electric service not
included on the accounts bill when service was initiated;
4. Failure to pay underbilled charges that occurred for more
than six months (except theft of service);
5. Failure to pay any disputed charges until your REP or the
PUC determines the accuracy of the charges and you have
been notified of this determination; or
6. Failure to pay an estimated bill unless the estimated bill is
part of a pre-approved meter-reading program or in the
event that the local distribution company is unable to read
the meter due to circumstances beyond its control.
Additionally, your REP may not terminate your service:
If your REP receives notification by the termination date that
an energy assistance provider will be forwarding sufficient
payment on your account; and you have paid or made arrangements
to pay any outstanding debt not covered by the
energy assistance provider
Disconnection of Service:
The PUC has provided that under certain dangerous circumstances
(such as unsafe electric line situations) any REP, including
the POLR, may authorize your Local Distribution Company
to disconnect your electric service without prior notice to you.
Additionally, your REP may be allowed to seek to have
your electric service disconnected for any of the reasons listed
below:
Failure to pay a bill owed to the REP or to make a deferred
payment arrangement by the date of disconnection;
Failure to comply with the terms of a deferred payment
agreement made with the REP;
Using service in a manner that interferes with the service of
others or the operations of nonstandard equipment;
Failure to pay a deposit required by the REP; or
Failure of the guarantor to pay the amount guaranteed
when the REP has a written agreement, signed by the
guarantor, which allows for disconnection of the
guarantor's service.
Prior to disconnecting your service, your REP must pro-
vide you a Disconnect Notice. This notice must be mail-
ed to you separately (or hand delivered) no earlier than
the first day after the date your bill is due. The disconnection
date must be 10 days from the date the notice
is issued and may not fall on a holiday or weekend or
the day preceding unless their personnel are available
to take payments and service can be reconnected. Your
REP may not seek to have your electric service disconnected
by your Local Distribution Company for any of
the six reasons listed under the Termination of Service
portion of this document. Additionally, your REP may
not disconnect your electric service:
If the REP receives notification by the final due date
stated on your termination notice that an energy
assistance provider will be forwarding sufficient payment
on your account; and you have paid or made
payment arrangements to pay any outstanding
debt not covered by the energy assistance provider's
payment.
For non-payment during an extreme weather emergency
and must offer you a deferred payment plan
for bills due during the emergency; or
For non-payment if you inform the REP, prior to the
disconnection date stated on the notice, that you or
another resident on the premises has a critical need
for electric service. However, to obtain this exemption,
you must enter into a deferred payment plan
with the POLR and have the ill-person's attending
physician contact the POLR and submit a written
statement attesting to the necessity of electric service
to support life. This exemption from disconnection due
to illness or disability shall be in effect for 63 days and
may be applied for again after the 63 days has expired
and the deferred payment plan has been fulfilled.
Availability of Provider of Last Resort:
If you are notified that you are subject to termination
or disconnection of your electric service, you may seek
to obtain services from another REP or the Provider
of Last Resort (POLR). You have the option to request
service from the POLR, which offers a standard retail
service package. Information about the POLR and other
REPs can be obtained from the PUC or the POLR.
Restoration of Service:
If your service has been disconnected by POLR for non-
payment, the POLR will upon satisfactory correction of
the reasons for the disconnection, notify your Local
Distribution Company to reconnect your service. The
POLR will continue to serve you under the Terms and
Conditions of service in effect prior to issuance of the
Disconnection notice. If your service was disconnected
due to a dangerous situation, your service will be
reconnected once you demonstrate to your REP or the
POLR that you have corrected the satisfactorily resolved
the dangerous situation.
Disputes With Your Provider
Complaint Resolution: Please contact your REP if you
have specific comments, questions or complaints. Upon
receipt of a complaint, your REP must investigate and
notify you of the results within 21 days. If you are
dissatisfied with the results of our investigation, you
may request a supervisory review, if available. Your REP
must advise you of the results of the supervisory review
within 10 business days of your request. If
you are dissatisfied with the results of the
investigation or supervisory review, you may
file a complaint with the PUC and the Office
of Attorney General, Consumer Protection
Division. Please include your name and
account number, as well as an explanation
of the facts and the resolution you desire in
your complaint. For a complaint involving a
disputed bill, your REP may not initiate collection
activities or termination activities or
report the delinquency to a credit reporting
agency with respect to the disputed portion
of the bill. However, after appropriate notice,
your REP may send a termination notice for
non-payment of any undisputed portion of
the bill.
Reporting Outages:
Your REP is responsible for providing you with
the telephone number you may use to report
outages or other emergencies.
Other Protections
Language Availability:
You may request to receive information from
your REP in Spanish, or any language in which
you were initially solicited. This includes the
Terms of Service Agreement, Electricity Facts
Label, Your Rights as a Customer, bills and bill
notices, termination and disconnection notices,
information on new electric services, discount
programs, promotions, and access to customer
assistance. You will receive this Your Rights as
a Customer document and termination and
disconnection notices in English and Spanish,
or English and your designated language, if
you have designated a language other than
Spanish and were originally solicited in that
language.
Privacy Rights:
Except as described below, REPs may not re-
lease your proprietary customer information
to any other person without your consent.
This includes your name, address, account
number, type or classification of service, his-
torical electricity usage, expected patterns of
use, types of facilities used in providing service,
individual contract terms and conditions, price,
current charges or billing records. This prohibition
does not apply to the release of your
information under certain circumstances as
required by law, including a release of your
information to the PUC, an agent of your REP,
consumer reporting agencies, law enforcement
agencies or your LDC. A REP may also share
this information with a third party for the
purpose of marketing such party's products
or services to you after you are provided an
opportunity to opt-out of the release of your
information. In addition, this prohibition does
not apply to the release of prior historical
usage upon request and authorization of a
current customer or applicant of a premise.
Industrial and commercial customers may
contact their REP or LDC and designate that
their prior historical usage is competitively
sensitive in order to prevent the release of
this information.
Special Services:
Your REP may offer special services for hearing-
impaired customers and programs for
customers with physical disabilities. If you
have a physical disability or require special
assistance regarding your electric account,
please contact your REP to inquire about
the process to become qualified for any of
these special services.
Critical Care:
If an interruption or suspension of electric
service will create a dangerous or life-threat-
ening condition, you may qualify as a "critical
care residential customer." Upon your request,
your REP will provide to you a standardized
Critical Care Eligibility Determination Form,
which you must complete and return to your
REP. The critical care request is evaluated and
approved by the LDC; however, a customer
may appeal the eligibility determination to
the LDC. If not satisfied with the results of
this appeal, the customer may file a complaint
with the PUC. If approved, the designation
is valid for one year, and your REP will send
you a renewal application prior to the expiration
of your designation. Qualification
as a critical care residential customer does
not relieve the customer of the obligation
to pay the REP or the LDC for services rendered.
However, a critical care residential
customer who needs payment assistance
is encouraged to contact their REP or LDC
immediately regarding possible deferred
payment options or other assistance that
may be offered by the REP or LDC.
Contacts
REP
First Choice Power
4100 International Plaza
Fort Worth, Texas 76109
www.firstchoicepower.com
representative@firstchoicepower.com
REP Customer Service
Toll-Free 1-866-469-2464
Fax 817-762-7731
Outages and Emergencies
Toll-Free 24 Hours/7 days
TXU Service Area: 1-800-233-2133
CenterPoint Service Area: 1-800-332-7143
TNMP Service Area: 1-888-866-7456
AEP Texas Central Company or AEP Texas North
Company: 1-866-223-8508
Public Utility Commission of Texas
Consumer Protection Division
P.O. Box 13326, Austin, TX 78711-3326
Direct (512) 936-7120
Toll-Free 1-888-782-8477
Fax (512) 936-7003
Internet Web Address www.puc.state.tx.us
E-mail Address customer@puc.state.tx.us |
| |
