I'm back, & I have some Important Information...

I have not fallen off! This being my first blog, I'm finding it to be little more demanding than expected, but I will do my best to get back on track. The following is information on some important customer protections issues that are being contemplated by the PUC.

Latest Development, PUC Project No. 36131:

A PUC project concerning critical care customers, ill & disabled customers, summer disconnects, deferred payment plans, Lite-Up Texas outreach, and numerous other customer protections looks like it might finally be getting some traction at the commission. I don't want to count anyone's chickens before they hatch but, it appears the eggs have been laid, so we shall wait and see if they hatch.

Some of these issues were brought up over 10 years ago to a previous commission and it was indicated at that point in time they would be looked into and possible rules would be drafted to address the problems. 10 years later and at least 6 Emergency Petitions filed trying to address the perceived shortfalls in customer protections, consumers still felt empty handed as no permanent rule making or legislation had fully addressed the problem to date. However, after a promise by Chairman Smitherman this summer during a disconnection moratorium petition (which was ultimately denied)meeting to address the matter in a permanent rule making, the PUC has finally opened up a project.

Initial comments are due to the PUC on Monday, October 26th, 2009 addressing questions put forth by staff (see here). Thank you Commissioners and PUC staff for finally taking up the issue, and also all the advocates who have pushed for legislation and or a permanent rule year after year.

Also, I don't mean to imply that the commission has not done anything in the last ten years as far as customer protections and rule makings. The commission is constantly engaged in such projects and rule makings, and even accepted a couple of the Emergency Petitions in the past. The problem is, the issues sought to be addressed in this project have not yet been so on a permanent basis.

The following is a summary of Comments that will be filed by PUC on Monday, October 26th, 2009 in response to questions poised by PUC Staff. A copy of the full comments will be viewable some time after they are filed Monday at (link to come). I encourage everyone who supports these positions to contact their local leaders, State Representatives and State Senators to support the:

RESPONSE OF OFFICE OF PUBLIC UTILITY COUNSEL, STATE REPRESENTATIVE SYLVESTER TURNER, AARP TEXAS, TEXAS LEGAL SERVICES CENTER, TEXAS RATEPAYERS' ORGANIZATION TO SAVE ENERGY & ONE VOICE TEXAS TO REQUEST FOR COMMENTS, in PUC Project No. 36131. (I will set up the hyperlink when it becomes available next week)

Summary:

CALL FOR SUPPORT

ELECTRIC CONSUMERS NEED BETTER BILL PAYMENT OPTIONS,
FREEDOM FROM TERMINATION FEES AND MEDICALLY VULNERABLE INDIVIDUALS NEED RELIABLE PROTECTION FROM DISCONNECTION

The Public Utility Commission of Texas (PUC) has opened Project No 36131 to develop a rule related to disconnection of electricity and deferred payment plans. The ultimate objective of the rulemaking is to adopt permanent rules to protect consumers (especially the low-income elderly and disabled) during extreme weather conditions and eliminate the need for emergency rules.

A coalition made up of Office of Public Utility Counsel, State Representative Sylvester Turner, AARP Texas, Texas Legal Services Center, Texas Ratepayers' Organization to Save Energy and One Voice Texas are jointly filing comments. Other individuals and groups supporting the changes summarized below are invited to sign on or encouraged to file their own comments.

Deferred Payment Plan:

Any residential consumer should be eligible for a deferred payment plan at any time of the year especially from June 1 through September 30, including customers who have made late payments or received disconnection notices.

Residential consumers should be allowed to extend payment for at least five months under a deferred payment plan.

Any residential customer paying on a deferred payment plan should not be prevented from switching retail electric providers (REPs).

Early Termination Fees:

Early termination fees should be capped at $100, prorated for consumers who choose to terminate a contract early and should only be allowed in fixed-price and fixed term product contracts.

All early termination fees should be waived from June 1 to September 30.

Equal Monthly Payment Plans:

Any residential consumer should be eligible for an equal monthly payment plan, including customers who have made late payments or received disconnection notices.

The Commission should adopt standard definitions for all billing plans. Residential consumers should have the option of asking for average billing or levelized billing with a quarterly true-up schedule.

Critical Care Customers:

Through Commission outreach, inform physicians and hospital personnel of the critical care application process.

Amend the application process so that the application is received from the customer by the transmission and distribution utility (TDU) and forwarded to the customer’s REP.

Develop a list of medical conditions that automatically qualify a customer for critical care status.

Simplify the critical care status renewal process for those individuals whose conditions are not expected to improve.

Amend the critical care application to include a description of the process a customer can follow to appeal a negative decision and include information about how to file a complaint at the PUC.

Ill and Disabled Customers:

Through Commission outreach, inform physicians and hospital personnel of the ill and disabled protections in the PUC’s rules and the application process.

Develop a standard form and procedure for processing ill and disabled customer applications where the application is received by the TDU and forwarded to the customer’s REP.

LITE-UP Texas Program Outreach:

Require REPs to send separate notification to customers about the LITE-UP Texas program four times per year and require REPs to have a LITE-UP Texas public service announcement on their customer service telephone hold lines.