OAR 860-038-0420
Electricity Service Supplier Consumer Protection


(1)

All advertising and marketing activities by electricity service suppliers must be truthful, not misleading, and in compliance with Oregon’s Unfair Trade Practices Act (ORS 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) through 646.656 (Remedies supplementary to existing statutory or common law remedies)).

(2)

No person or entity may offer to sell electricity services available pursuant to direct access unless it has been certified by the Commission as an ESS.

(3)

Sections (3) through (6) of this rule do not apply when a consumer is changing suppliers. Sections (3) through (6) apply when an ESS is discontinuing service to a consumer. An ESS must give its customers at least 10 business days written notice, as prescribed in section (5) of this rule, before the ESS may discontinue service.

(4)

The written notice of intent to discontinue service to the ESS customer must be printed in boldface type and must state in easy to understand language:

(a)

The name and contact information of the ESS and the service location intended to be discontinued;

(b)

The reasons for the proposed discontinuance;

(c)

The earliest date for discontinuance; and

(d)

The amount necessary to be paid to avoid discontinuance of services, if applicable.

(5)

The ESS must serve the notice of discontinuance in person or send it by first class mail to the last known address of the ESS customer. Service is complete on the date of personal delivery or, if service is by U. S. mail, on the day after the U. S. Postal Service postmark or the day after the date of postage metering.

(6)

Not less than 10 business days prior to discontinuance of service to an ESS customer, the ESS must notify the serving electric company, by mutually acceptable means, that the ESS will no longer be supplying energy to that ESS customer. If an ESS and a consumer waive the 10-day notice, pursuant to section (8) of this rule, the ESS must still notify the electric company of its intent to discontinue a consumer’s service as soon as it notifies the consumer that service is to be discontinued. The written notice must contain the following:

(a)

Name and contact information of the ESS that is discontinuing service, the consumer’s name, account number, service location and, if applicable, the electric company’s unique location identifier;

(b)

Earliest date for discontinuance; and

(c)

Necessary information applicable to the transfer of the consumer’s service.

(7)

This section of this rule applies to any alleged violation of the rules in Division 038 applicable to electricity service suppliers.

(a)

When a dispute occurs between an ESS customer and an ESS about any charge or service, the ESS must acknowledge the dispute with a response to the customer within 5 calendar days. The ESS must thoroughly investigate the matter and report the results of its investigation to the ESS customer within 15 calendar days. If the ESS is unable to resolve the matter within 15 calendar days, the ESS must advise the customer of the option to request internal supervisory review of unregulated disputes and to request the Commission’s assistance in resolving a dispute within the Commission’s jurisdiction;

(b)

An ESS customer may request the Commission’s assistance in resolving a dispute within the Commission’s jurisdiction by contacting the Commission’s Consumer Services Division. The Commission must notify the electricity service supplier upon receipt of such a request;

(c)

The Commission’s Consumer Services Division will assist the complainant and the electricity service supplier in an effort to reach an informal resolution of the dispute. The ESS must provide the Commission with the necessary information to assist in resolving the dispute. The ESS must answer the registered ESS dispute within 15 calendar days of service of the complaint;

(d)

If a registered ESS dispute cannot be resolved informally, the Commission’s Consumer Services Division will advise the complainant of the right to file a formal written complaint.

(A)

The formal written complaint must state the facts of the dispute and the relief requested and must be filed with the Filing Center in compliance with the rules regarding confidential information and filing set out in OAR 860-001-0070 (Confidential Information), 860-001-0140 (General) through 860-001-0150 (Filing Dates),and 860-001-0170 (Filing Requirements in Contested Case and Declaratory Ruling Proceedings).

(B)

The formal complaint must be filed with the Filing Center at PUC.FilingCenter@state.or.us. If complainant does not have access to electronic mail, the complaint may be mailed, faxed, or delivered to the Filing Center at the address set out in OAR 860-001-0140 (General), and the formal complaint must include a request for waiver of the electronic filing and service requirements.

(C)

The Commission will serve the complaint on the ESS. The Commission may electronically serve the ESS with the complaint if the electronic mail address is verified prior to service of the complaint and the delivery receipt is maintained in the official file.

(D)

The ESS must answer the complaint within 15 calendar days of service of the complaint by the Commission.

(E)

The Commission will set the matter for expedited hearing. A hearing may be held on less than 10 calendar days’ notice when good cause is shown. Notice of the hearing will be provided to the complainant and the ESS at least 12 hours before the date and time of the hearing.

(F)

Filing dates for formal complaint proceedings are calculated and enforced per OAR 860-001-0150 (Filing Dates).

(8)

Within the terms of a written contract, a customer and an ESS may agree to arrangements other than those specified in sections (3), (4), (5), and (6) of this rule, if the following requirements are met:

(a)

The contract must include an exact copy of the paragraphs in subsection (8)(b) of this rule. The paragraphs must be in bold type of at least 12-font size. Immediately following the paragraphs, there must be a line for the consumer’s signature and the date.

(b)

The agreement must contain the following notice: IF YOU SIGN THIS AGREEMENT, YOU MAY GIVE UP CERTAIN RIGHTS YOU HAVE UNDER OAR 860-038-0420 (Electricity Service Supplier Consumer Protection)(3) through (6). These rules state: The ESS must insert the complete text of OAR 860-038-0420 (Electricity Service Supplier Consumer Protection)(3) through (6). THIS MAY AFFECT YOUR ABILITY TO ARRANGE FOR OTHER ENERGY SERVICE.

Source: Rule 860-038-0420 — Electricity Service Supplier Consumer Protection, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=860-038-0420.

860‑038‑0001
Scope and Applicability of Rules
860‑038‑0005
Definitions for Direct Access Regulation
860‑038‑0080
Resource Policies and Plans
860‑038‑0100
Auction Process
860‑038‑0140
Ongoing Valuation
860‑038‑0160
Transition Costs and Credits
860‑038‑0200
Unbundling
860‑038‑0220
Portfolio Options
860‑038‑0240
Cost-of-Service Rate
860‑038‑0250
Nonresidential Standard Offer
860‑038‑0260
Direct Access
860‑038‑0275
Direct Access Annual Announcement and Election Period
860‑038‑0280
Default Supply
860‑038‑0300
Electric Company and Electricity Service Suppliers Labeling Requirements
860‑038‑0340
Electric Company Ancillary Services
860‑038‑0360
Electric Company Customer Metering Requirements
860‑038‑0380
Aggregation
860‑038‑0400
Electricity Service Supplier Certification Requirements
860‑038‑0410
Scheduling
860‑038‑0420
Electricity Service Supplier Consumer Protection
860‑038‑0445
Coordination of Supplier Changes and Billing
860‑038‑0450
Location of Underground Facilities
860‑038‑0460
Construction, Safety, and Reporting Standards for Electricity Service Suppliers
860‑038‑0470
Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities
860‑038‑0480
Public Purposes
860‑038‑0500
Code of Conduct Purpose
860‑038‑0520
Electric Company Name and Logo
860‑038‑0560
Treatment of Competitors
860‑038‑0580
Prevention of Cross-subsidization Between Competitive Operations and Regulated Operations
860‑038‑0590
Transmission and Distribution Access
860‑038‑0600
Joint Marketing and Referral Arrangements
860‑038‑0620
Access to Books and Records
860‑038‑0640
Compliance Filings
860‑038‑0700
Definitions for New Large Load Direct Access Program
860‑038‑0710
Requirement to Enable a New Large Load Direct Access Program
860‑038‑0720
Nonresidential Standard Offer, Default Supply, and Return to Cost of Service
860‑038‑0730
New Large Load Eligibility Requirements
860‑038‑0740
New Large Load Program Enrollment and Rates
860‑038‑0750
De-Enrollment Due to Failure to Meet Load Standard
860‑038‑0760
Reporting
Last Updated

Jun. 8, 2021

Rule 860-038-0420’s source at or​.us