D.C. Mun. Regs. tit. 15, r. 15-399

Current through Register Vol. 71, No. 52, December 27, 2024
Rule 15-399 - DEFINITIONS
399.1

When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Account: a record capturing information related to the service(s) provided to a Customer or at a premise by a Utility, Energy Supplier or Telecommunications Service Provider or third party biller on behalf of a Utility, Energy Supplier or Telecommunications Service Provider.

Aggregator: a person who acts on behalf of customers to purchase gas or electricity. To "act on behalf of customers" means that a person acts with the express authorization of customers to purchase gas or electricity on those customers' behalf and receives direct or indirect compensation or benefit in any form from any entity.

Applicant: Person who requests natural gas, electric or Telecommunications services at premises to be used as his or her residence or the residence of a third party on whose behalf the Person is requesting service.

Bill: a statement from the Utility, Energy Supplier, or Telecommunications Service Provider, stating the Charges for the services rendered to the Customer or premises.

Billing Cycle: the service period of twenty-six (26) to thirty-five (35) Days.

Billing Error -- an under charge or over charge that is caused by, but not limited to, any of the following:

(1) an incorrect actual meter reading by an Electric Utility or Natural Gas Utility;
(2) an incorrect remote meter read;
(3) an incorrect meter constant or pressure factor;
(4) an incorrect calculation of the applicable rate;
(5) a meter switched by an Electric Utility or Natural Gas Utility;
(6) an incorrect application of a rate schedule; or
(7) another similar act or omission by the utility, or Energy Supplier, in determining the amount of a customer's bill. An undercharge or overcharge that is caused by a non-registering meter, a meter error, or the use of an estimated meter reading is not a billing error.

Broker: a person who acts as an agent or intermediary in the sale and purchase of natural gas or electricity but who does not take title to natural gas or electricity.

Bundled Service: package of multiple services offered at a single price.

Business Day: a Day in which normal business is transacted, excluding Saturdays, Sundays, and Federal and District of Columbia holidays.

Charge: the price of a service or commodity to a Customer or premise.

Commission: the Public Service Commission of the District of Columbia.

Complaint: any contact by a Customer or his or her Designated Representative with the Commission in which the Customer or Designated Representative registers dissatisfaction with the Utility, Energy Supplier, or Telecommunications Service Provider's service.

Complainant: a Customer or Customer's Designated Representative who files a Complaint.

Completed Written Contract: An agreement between a Customer and an Energy Supplier that specifies the terms, conditions and charges for the provision of electric or natural gas services to the Customer and the agreement is signed or acknowledged through Third Party Verification, an electronic signature, or an electronic recording.

Consolidator: any owner of or property manager for multi-family residential, commercial office, industrial, and retail facilities who combines more than one property for the primary purpose of contracting with an Aggregator or energy supplier for gas or electric energy services for those properties and who:

(A) does not take title to natural gas or electric energy;
(B) does not sell natural gas or electric energy to buildings not owned or managed by such owner or property manager;
(C) does not offer aggregation of natural gas or electric energy services to other, unrelated end-users; and
(D) arranges for the purchase of natural gas or electric energy services only from duly licensed energy suppliers or Aggregators.

Consolidated Bill: an arrangement whereby a Customer receives a single Bill from a Utility.

Confirmation:

(A) Confirmation of a telephone application for Enrollment of a residential Customer refers to action taken by a competitive Energy Supplier wherein an Independent Third Party Verifier must confirm the residential Customer's decision to switch from an Energy Supplier.
(B) Confirmation of an electronic application for Enrollment occurs when the Energy Supplier sends an electronic response to the Customer confirming that the application for Enrollment was intended and received.
(C) There is no confirmation process applicable to written applications for Enrollment.

Contract: an agreement between a Customer and an Energy Supplier or Telecommunications Service Provider that specifies the terms, conditions, and Charges for the provision of electric, natural gas or Telecommunications services to the Customer.

Cramming (for Telecommunications Service Providers): the practice of causing unauthorized, misleading or deceptive Charges to be placed to a Customer's existing Telecommunications service Account option(s).

Cramming (for Energy Suppliers): the practice of adding services or Charges to a Customer's existing retail energy service options absent the express consent of the Customer.

Customer: an accountholder or purchaser of electric, natural gas or Telecommunications services for residential use in the District of Columbia, excluding master-metered apartments with four or more units. An Account holder is a person in whose name an account with a Utility, Energy Supplier, or Telecommunications Service Provider has been established.

Day: a calendar day unless otherwise specified.

Deferred Payment Agreement (DPA): an agreement whereby a Customer pays a past due balance on an installment basis.

Deposit: any payment made by a Customer to a Utility, Energy Supplier or Telecommunications Service Provider in order to secure the Utility, Energy Supplier or Telecommunications Service Provider against potential Customer nonpayment or default.

Designated Representative: a Person for whom the Customer of record has submitted a notarized letter with the Office of Consumer Services authorizing the representative to act on his or her behalf.

Disconnection: an action by a Utility or Telecommunications Service Provider to prevent the delivery of energy or Telecommunications services. For Telecommunications services, this shall also include the suspension of services.

Distribution Service Charge: a Charge levied by the Electric or Natural Gas Utility to deliver energy supply to the Customer.

Drop: the removal of a Customer from a supplier's service.

EDI Transaction: Electronic Data Interchange.

Electric Utility: the company that provides electric distribution service and is regulated by the Public Service Commission of the District of Columbia.

Energy Supplier: An Electricity Supplier or Natural Gas Supplier as defined below:

Electricity Supplier: A person, including an Aggregator, Broker, or Marketer, who generates electricity; sells electricity; or purchases, brokers, arranges or markets electricity for sale to Customers. The term excludes the following:

(a) Building owners, lessees, or managers who manage the internal distribution system serving such building and who supply electricity solely to the occupants of the building for use by the occupants;
(b) Any Person who purchases electricity for its own use or for the use of its subsidiaries or affiliates;
(c) Any apartment building or office building manager who aggregates electric service requirements for his or her building or buildings, and who does not:
(1) Take title to electricity;
(2) Market electric services to the individually-metered tenants of his or her building; or
(3) Engage in the resale of electric services to others;
(d) Property owners who supply small amounts of power, at cost, as an accommodation to lessors or licensees of the property;
(e) Consolidators;
(f) A Community Renewable Energy Facilities (CREFs) as defined in 15 DCMR § 4199.1 and as described in 15 DCMR §§ 4109.1-4109.3 pursuant to the Community Renewable Energy Amendment Act of 2013 (D.C. Law 20-47; D.C. Official Code §§ 34-1518 et seq.);
(g) An Electric Company; and
(h) Any Person or entity that owns a behind-the- meter generator and sells or supplies the electricity from that generator to a single retail customer or customers behind the same meter located on the same premise.

Natural Gas Supplier: A licensed Person, broker, or marketer, who generates natural gas; sells natural gas; or purchases, brokers, arranges or markets natural gas for sale to customers.

Enrollment: the process in which the Natural Gas or Electric Company receives and processes the notification from the energy supplier that a customer has entered into a contract for the supply of natural gas or electricity.

Estimated Bill: a Bill for natural gas or electric service which is not based on an actual meter reading by the Utility or Customer.

Evergreen Contract: a Contract that is capable of automatic renewal without any action by the Customer.

Formal Complaint: a written Complaint filed with the Commission.

Generation Service Charge: a Charge levied by the Energy Supplier or Utility for the provision of electricity supply to the Customer.

Independent Third-Party Verifier: a Person retained by individual Energy Suppliers to confirm the Customer's decision to enter into a Contract for the supply of natural gas or electricity.

Informal Complaint: a Complaint filed by a Customer with the Commission's Office of Consumer Services requesting mediation of a dispute after the Customer has failed to resolve the dispute directly with the Utility, Energy Supplier, or Telecommunications Service Provider.

Marketer: a person who purchases and takes title to natural gas or electricity as an intermediary for sale to Customers.

Meter: instrument that measures or records the amount of energy service delivered to the customer.

Natural Gas Equipment: the term includes gas Meters, Natural Gas Service Regulators, Shut-Off Valves, and any other gas equipment associated with the delivery of gas to the Customer.

Natural Gas Main Line: a distribution line that serves as a common source of supply for more than one service line.

Natural Gas Sales Service: services governed under WG's Rate Schedule No. 1., with Sales Service, whereby the Customer receives natural gas supply from the Washington Gas Light Company. Sales Service is also available as a default to Customers who Contract for natural gas with an Energy Supplier but who fail to receive delivery of natural gas under such Contracts and to Customers who do not choose an Energy Supplier.

Natural Gas Service Regulator: the device on a service line that controls the pressure of natural gas delivered from a higher pressure to the pressure provided to the Customer. A service regulator may serve one Customer or multiple Customers through a gas Meter header or manifold.

Natural Gas Service Line: a distribution line that transports gas from a common source of supply to an individual Customer, to two adjacent or adjoining residential or small commercial Customers, or to multiple residential or small commercial Customers served through a gas Meter header or manifold. A service line ends at the outlet of the Customer gas Meter or at the connection to a Customer's piping, whichever is further downstream, or at the connection to Customer piping if there is no gas Meter.

Natural Gas Utility: the company that provides Sales Service and delivery of distribution service and is regulated by the Public Service Commission of the District of Columbia.

Office of Consumer Services: an office of the Commission designated to perform responsibilities in accordance with this chapter.

Office of Enforcement and Compliance ("OCE")-- is an office of the Commission designated to perform responsibilities in accordance with this chapter.

OPC: the Office of the People's Counsel of the District of Columbia.

Person: every individual, corporation, company, association, joint-stock company, firm, partnership, or other entity.

Purchased Gas Charge (PGC): the provision in a Natural Gas Utility's rate schedule which permits the adjustment of the amount of the Bill as the cost of gas varies from a specified base amount per unit.

Rescission Notice: written correspondence issued to the Customer via U.S. Mail notifying the Customer of the right to cancel.

Rescission Period: the time period within which a Customer may choose to cancel a Contract for natural gas or electric service with an energy supplier.

Residential Service: natural gas or electric service to a separately metered household, and including natural gas service to not more than three dwelling units served by a single Meter in a multiple-family dwelling, or portion thereof; telephone service to an individual, family or group for non-business purposes.

Sanctions: The following Sanctions may be imposed by the Commission:

(a) Civil Penalties: The Commission may impose a civil penalty of not more than $10,000 for each violation. Each Day a violation continues shall be considered a separate violation for purposes of this penalty. The commission shall determine the amount of a civil penalty after considering the following: the number of previous violations of any provisions of Commission law or regulations; the gravity and duration of the current violations; and the good faith efforts of the Licensee or Person charged in attempting to achieve compliance after the Commission provides notice of the violation.
(b) Customer Refund or Credit: The Commission may order a Licensee to issue a refund or credit to a Customer.
(c) Cease and Desist Order: The Commission may order the Licensee to cease adding or soliciting additional Customers; cease serving Customers in the District of Columbia; and cease any action found to be in violation of Commission orders, rules or regulations.
(d) Cancellation of a Contract or part of a Contract between a Customer and a Licensee.
(e) Suspension of License.
(f) Revocation of License.

Service Provider: an energy supplier or Telecommunications service provider as defined in this section.

Shut-Off Valve:a small local valve used to control the flow of natural gas and is installed upstream of the gas Meter.

Slamming (for Telecommunications Service Providers): occurs when a company changes a Customer's Telecommunication's carrier selection without that Customer's knowledge or explicit authorization.

Slamming (for Energy Suppliers): the practice of switching, or causing to be switched, a Customer's natural gas or electric supplier Account without the express authorization of the Customer.

Solicitation: A communication in any medium that urges a customer to Contract for receipt of specific natural gas, electricity, or Telecommunications services from an Energy Supplier or Telecommunications Service Provider. Types of Solicitation may include, but are not limited to, telephone Solicitation, radio advertisements, print advertisements, home Solicitations, electronic advertisements (i.e. Internet), newspaper advertisements, and written Solicitations.

Standard Offer Service: Service provided by the incumbent electric Utility to 1) Customers who do not choose an electricity supplier; 2) Customers who cannot arrange to purchase electricity from an electricity supplier; and 3) Customers who contract for electricity with an electricity supplier, but who fail to receive delivery of electricity under such Contracts.

Tariff: a schedule of rates, terms and conditions governing the provision of Telecommunications or energy service on file with the Public Service Commission.

Telecommunications Service Provider: for purposes of this chapter only, any provider of Telecommunications service that was not an incumbent local exchange carrier in the District of Columbia on January 31, 1996.

Termination of Contract: cessation of a Contract for supply with an Energy Supplier or services of a Telecommunications Service Provider between the Service Provider and Customer."

Third Party Verification (TPV): the process of getting consent from a Customer to the below- listed material contract terms that is recorded by an independent person not party to the agreement or may be performed by an automated, computerized system. To be valid, the TPV must occur without the presence of the sales agent, and at the outset must describe how the Customer can cancel the TPV at any time prior to completion. The consent for the Customer must include an acknowledgement:

(a) that he or she is voluntarily choosing to enroll with a supplier;
(b) of the type of product offered such as variable, fixed, or a combination of both;
(c) of the price and duration of the contract;
(d) of the amount of an early termination fee if applicable;
(e) that the Customer is authorized to make the switch;
(f) of the contract renewal procedures;
(g) that the Customer may access future pricing information; and
(h) that the Customer has received the supplier's Customer support contact information.

Utility: every street railroad, street railroad corporation, common carrier, gas plant, gas corporation, electric company, telephone corporation, telephone line, telegraph corporation, telegraph line, and pipeline company.

Utility Consumer Bill of Rights: refers to the Commission's Consumer Bill of Rights, adopted as regulations by the PSC in the D.C. Mun. Regs. Tit. 15, Chapter 3.

D.C. Mun. Regs. tit. 15, r. 15-399

Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008); amended by Final Rulemaking published at 65 DCR 13506 (12/14/2018); amended by Final Rulemaking published at 67 DCR 4551 (4/24/2020); Amended by Final Rulemaking published at 67 DCR 6833 (6/5/2020)
Authority: The Public Service Commission of the District of Columbia ("Commission") pursuant to D.C. Official Code, 2001 Ed. § 2 -505 and § 34 -802.