(1) All rates, terms and
conditions for supply service must be provided to a small customer in a service
contract, written in plain language. The service contract must include the
letter of authorization required by ARM 38.5.6002 and the letter of
authorization must be returned by the customer to the supplier before any
supply service is provided. The front page of a service contract shall prominently
and clearly disclose in a uniform information label prescribed by the
commission and as available on the commission's internet website:
(a)the length of time the contract will be
in effect;
(b) the effective price
for supply service, in cents per kilowatt-hour for electricity or, for
gas, price per either dekatherm or mcf, whichever billing unit is used by the
distribution services provider, for various levels of consumption typical for
the customer's customer segment;
(c) whether the price is fixed or variable
and, if variable, a general description of the potential range and possible
causes of price variations and the pricing formula or index, as applicable; and
(d) the toll-free telephone number
for customer inquiries and the hours during which the customer can contact the
supplier at that number.
(2) The service contract must include the
information required to appear on the information label and:
(a) an explanation of conditions under
which the supplier will terminate the supply agreement;
(b) a prominent identification and explanation of any and all charges, fees
and penalties; and
(c) a conspicuous disclosure that there is a 3-day grace period during
which the customer may rescind the contract without penalty and explicit
information how to do so.
(3) No supplier, regulated distribution
utility, transmission service provider, energy service provider, metering
service provider, billing service provider, or other company or individual
involved in the sale or delivery of electricity or natural gas, may disclose
individual customer information to others without prior written consent from
the customer except as provided by commission rule or order.
(4) Small customers shall have a 3-day
grace period from the time of entering into a service contract to notify the
supplier of termination of the contract without incurring liability for supply
services not consumed or taken under the contract. A supplier may not inform
the distribution utility of the customer's decision to change suppliers until
after the 3-day grace period elapses.
(5) Small customers may terminate a service
contract without incurring liability for supply services not consumed or taken
under the contract by notifying the supplier that the customer is relocating
outside the geographic area served by the supplier, or is moving to a location
where the customer is not responsible for payment of the service consumed.
(6) A supplier must notify its affected customers, the commission and the
distribution companies in writing at least 60 days prior to ceasing business
under an existing license or terminating service to an entire customer segment.
(7) The contract must clearly explain that distribution and transmission
charges remain regulated, are not provided by the supplier, and shall identify
which entity, the distribution utility or the supplier, will bill the customer
for distribution and transmission charges.
(8) Each supplier must provide its service contract to a customer upon
request.
(9) At least 60 days prior to the expiration date of the customer's service
contract, the supplier must provide written notice to the customer of either:
(a) the existence and operation of an automatic renewal provision present in
the customer's contract; or
(b) the need for the customer to affirmatively renew to retain service from
the supplier at the end of the contract term.
(10) If the service contract contains an
automatic renewal provision, the supplier may not change the terms and
conditions of the contract upon the renewal date unless the customer has been
provided with written notice of the changes at least 60 days in advance of
their effective date and of his or her right to change suppliers rather than
renew the contract. With the written notice of contract changes, the supplier
must provide the customer a letter of authorization approving the contract
changes to return to the supplier. Without a signed letter of authorization,
the supplier may not renew the contract.