§ 54.6. Request for information about generation supply.

 (a)  EGSs shall respond to reasonable requests made by consumers for information concerning generation energy sources.

   (1)  EGSs shall respond by informing consumers that this information is included in the annual licensing report and that this report exists at the Commission. Providers shall explain that the report is available to them and offer to provide it, if requested.

   (2)  The default service provider shall file at the Commission the annual licensing report as required by the Commission’s licensing regulations in this chapter and shall otherwise comply with paragraph (1).

   (3)  EGSs operating for less than 1 year may respond to customer inquiries about generation energy sources by furnishing the information as described in subsection (b).

 (b)  Verification of the anticipated generation energy source, of the identifiable resources (if and when they have been ‘‘claimed’’) and the fact that energy characteristics were not sold more than once, shall be conducted by an independent auditor at the end of each calendar year and contained in the annual report to the Commission, relating to information disclosure requirements in subsection (a) and the licensing regulations in this chapter.

 (c)  Whenever EGSs market their generation as having special characteristics, such as ‘‘produced in Pennsylvania’’ or ‘‘environmentally friendly’’ and the like, providers shall have information available to substantiate their claims.

   (1)  Disclosure of generation energy sources shall be identifiable, which is defined as electricity transactions which are traceable to specific generation sources by any auditable contract trail or equivalent, such as a tradable commodity system, that provides verification that the electricity source claimed has been sold only once to a retail customer. If generation energy sources are not identifiable, the provider shall disclose this fact.

 (d)  Electricity providers, whether they make distinguishing claims or not, shall include in their general communications with consumers that electricity is the product of a mix of generation energy sources, that is delivered over a system of wires.

 (e)  Electricity providers shall respond to reasonable consumer requests for energy efficiency information, by indicating that these materials are available upon request from the Commission or the EDC.

 (f)  The use of general, unsubstantiated and unqualified claims of environmental benefits, such as ‘‘green’’ and ‘‘environmentally friendly,’’ is prohibited. The Commission supports the application of the Federal Trade Commission’s (FTC) Guides for the Use of Environmental Marketing Claims (see 16 CFR 260.1—260.8 (relating to guides for the use of environmental marketing claims)), in the enforcement of this section and the following specific principles:

   (1)  Section 260.6(a) (relating to general principles) which states that qualifications or disclosure should be clear, prominent, and of relative type size and proximity to the claim being qualified. In addition, contrary assertions which undercut the qualifications should not appear.

   (2)  Section 260.6(c) which states that environmental claims should not overstate the environmental attribute or benefit, expressly or by implication.

   (3)  Section 260.6(d) which suggests that marketing materials which make comparative claims should clearly state the basis for the comparison, be able to be substantiated, and be accurate at the time they are made.

   (4)  Section 260.7(a) (relating to environmental marketing claims) which labels unqualified claims of environmental benefit as deceptive.

   (5)  Section 260.7(f) which addresses claims regarding source reduction, such as reduced toxicity or reductions of other environmentally negative effects.

 (g)  Residential and small business customers are entitled to receive at no charge and at least once a year, historical billing data from whomever reads the meter for billing purposes.

   (1)  The EDC is only obligated to provide information that is readily available in its billing system.

   (2)  The historical billing data shall be conveyed in terms of kWh, and kW, as applicable, and associated charges for the current billing period and for the year preceding the current billing period.

   (3)  The historical billing data will be updated with each billing cycle.

 (h)  Electricity providers shall notify consumers either in advertising materials, disclosure statements or bills that information on generation energy sources, energy efficiency, environmental impacts or historical billing data is available upon request.


   The provisions of this §  54.6 amended September 14, 2007, effective September 15, 2007, 37 Pa.B. 4996. Immediately preceding text appears at serial pages (324546) and (247129) to (247130).

Cross References

   This section cited in 52 Pa. Code §  54.1 (relating to purpose).

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