16 Tex. Admin. Code § 25.485 - Customer Access and Complaint Handling
(a) Applicability.
This section contains a customer's entitlement to reasonable access to a retail
electric provider's (REP) or aggregator's representatives and identifies a
customer's ability make a complaint against a REP or aggregator. REPs and
aggregators are subject to processes of this section to ensure that retail
electric customers have the opportunity for impartial and prompt resolution of
disputes with REPs or aggregators.
(b) Customer access.
(1) A retail electric provider (REP) or
aggregator must ensure that customers have reasonable access to its service
representatives to make inquiries and complaints, discuss charges on customer's
bills, terminate competitive service, and transact any other pertinent
business.
(2) Telephone access must
be toll-free and must afford customers a prompt answer during normal business
hours.
(3) A REP must provide a
24-hour automated telephone message instructing the caller how to report any
service interruptions or electrical emergencies.
(4) A REP or aggregator must employ 24-hour
capability for accepting a customer's rescission of the terms of service by
telephone, under rights of cancellation in §
25.474(j) of
this title (relating to Selection of Retail Electric
Provider).
(c) Complaint
handling. A residential or small commercial customer has the right to make a
formal or informal complaint to the commission, and a terms of service
agreement cannot impair this right. A REP or aggregator must not require a
residential or small commercial customer as part of the terms of service to
engage in alternative dispute resolution, including requiring complaints to be
submitted to arbitration or mediation by third parties. A customer other than a
residential or small commercial customer may agree as part of the terms of
service to engage in alternative dispute resolution, including requiring
complaints to be submitted to arbitration or mediation by third parties.
However, nothing in this subsection is intended to prevent a customer other
than a residential or small commercial customer from filing an informal or
formal complaint with the commission if dissatisfied with the results of the
alternative dispute resolution.
(d)
Complaints to REPs or aggregators. A customer or applicant for service may
submit a complaint in person, or by letter, facsimile transmission, e-mail, or
by telephone to a REP or aggregator. The REP or aggregator must promptly
investigate and advise the complainant of the results within 21 days. A
customer who is dissatisfied with the REP's or aggregator's review must be
informed of the right to file a complaint with the REP's or aggregator's
supervisory review process, if available, and, if not available, with the
commission and the Office of Attorney General, Consumer Protection Division.
Any supervisory review conducted by the REP or aggregator must result in a
decision communicated to the complainant within ten business days of the
request. If the REP or aggregator does not respond to the customer's complaint
in writing, the REP or aggregator must orally inform the customer of the
ability to obtain the REP's or aggregator's response in writing upon
request.
(e) Complaints to the
commission.
(1) Informal complaints. If a
complainant is dissatisfied with the results of a REP's or aggregator's
complaint investigation or supervisory review, the REP or aggregator must
advise the complainant of the commission's informal complaint resolution
process and the following contact information for the commission: Public
Utility Commission of Texas, Customer Protection Division, P.O. Box 13326,
Austin, Texas 78711-3326; (512) 936-7120 or in Texas (toll-free)
1-888-782-8477, fax (512) 936-7003, e-mail address: customer@puc.texas.gov,
Internet website address: www.puc.texas.gov, and Relay Texas (toll-free)
1-800-735-2989.
(A) Requirements applicable to
informal complaints.
(i) A complaint must
include sufficient information to identify the complainant and the company for
which the complaint is made and describe the issue specifically. The following
information must be included in the complaint:
(I) The account holder's name, billing and
service addresses, and telephone number;
(II) The name of the REP or
aggregator;
(III) The customer
account number or electric service identifier (ESI-ID);
(IV) An explanation of the facts relevant to
the complaint;
(V) The
complainant's requested resolution; and
(VI) Any documentation that supports the
complaint, including copies of bills or terms of service documents.
(ii) All REPs and aggregators must
provide the commission an email address to receive notification of customer
complaints from the commission.
(iii) The REP or aggregator must investigate
all informal complaints and advise the commission in writing of the results of
the investigation within 15 days after the complaint is forwarded to the REP or
aggregator. For complaints filed with the commission before September 1, 2023,
the deadline is 21 days after the complaint is forwarded.
(iv) The commission must review the complaint
information and the REP or aggregator's response and notify the complainant of
the results of the commission's investigation.
(B) Prohibited activities during pendency of
informal complaint. While an informal complaint process is pending:
(i) The REP or aggregator must not initiate
collection activities, including disconnection of service or report the
customer's delinquency to a credit reporting agency with respect to the
disputed portion of the bill.
(ii)
A customer must pay any undisputed portion of the bill and the REP may pursue
disconnection of service for nonpayment of the undisputed portion after
appropriate notice.
(C)
Informal complaint record retention. The REP or aggregator must keep a record
for two years after closure by the commission of all informal complaints
forwarded to it by the commission. This record must show the name and address
of the complainant, the date, nature and adjustment or disposition of the
complaint. Protests regarding commission-approved rates or rates and charges
that are not regulated by the commission, but which are disclosed to the
customer in the terms of service disclosures, need not be recorded.
(2) Formal complaints. If the
complainant is not satisfied with the results of the informal complaint
process, the complainant may file a formal complaint with the commission within
two years of the date on which the commission closes the informal complaint.
This process may include the formal docketing of the complaint as provided in
§
22.242 of this title (related to
Complaints).
Notes
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