Subchapter M. STANDARDS FOR CHANGING A CUSTOMER’S ELECTRICITY GENERATION SUPPLIER

 When a contact occurs between a customer or a person authorized to act on the customer’s behalf and an EGS to request a change of the EGS, upon receiving direct oral confirmation or written authorization from the customer to change the EGS, the contacted EGS shall:

   (1)  Notify the EDC of the customer’s EGS selection by the end of the next business day following the customer contact.

   (2)  Upon receipt of this notification, the EDC shall send the customer a confirmation letter noting the proposed change of EGS. This letter shall include notice of a 10-day waiting period in which the order may be canceled before the change of the EGS takes place. The notice shall include the date service with the new EGS will begin unless the customer contacts the EDC to cancel the change. The 10-day waiting period shall begin on the day the letter is mailed. The letter shall be mailed by the end of the next business day following the receipt of the notification of the customer’s selection of an EGS.

 (a)  When a customer contacts an EDC or an EGS and alleges that the EGS has been changed without consent, the company contacted shall:

   (1)  Consider the matter a customer registered dispute.

   (2)  Investigate and respond to the dispute consistent with § §  56.151 and 56.152 (relating to utility company dispute procedures).

 (b)  When the customer’s dispute has been filed within the first two billing periods since the customer should reasonably have known of a change of the EGS and the dispute investigation establishes that the change occurred without the customer’s consent, the customer is not responsible for EGS bills rendered during that period. If the customer has made payments during this period, the company responsible for initiating the change of supplier shall issue a complete refund within 30 days of the close of the dispute. The refund or credit provision applies only to the generation charges.

 (c)  A customer who has had an EGS changed without having consented to that change shall be switched back to the original EGS for no additional fee. Any charges involved in the switch back to the prior EGS are the responsibility of the company that initiated the change without the customer’s consent.

 (d)  If a customer files an informal complaint with the Commission alleging that the customer’s EGS was changed without the customer’s consent, the Bureau of Consumer Services will issue an informal decision that includes a determination of customer liability for any EGS bills or administrative charges that might otherwise apply, rendered since the change of the EGS.

 (e)  In addition to customer-specific remedies, the Commission may, after investigation and decision, assess fines under 66 Pa.C.S. Chapter 33 (relating to violations and penalties) and initiate proceedings to revoke the license of an EGS that demonstrates a pattern of violating this subchapter. The Commission may order a particular EGS that has a pattern of violating this subchapter to obtain written authorization from every new customer as a condition of providing service in this Commonwealth. Nothing in this subchapter is intended to limit the Commission’s authority.

 This subchapter does not apply when the customer’s service is discontinued by the EGS and subsequently provided by the default service provider because no other EGS is willing to provide service to the customer.

 Each EDC and each EGS shall preserve all records relating to unauthorized change of EGS disputes for 3 years from the date the customers filed the dispute. These records shall be made available to the Commission or its staff upon request.