1. (a) Customer access.

   1. (1) Each retail electric provider (REP) or aggregator shall ensure that customers have reasonable access to its service representatives to make inquiries and complaints, discuss charges on customers bills, terminate competitive service, and transact any other pertinent business.
   2. (2) Telephone access shall be toll-free and shall afford customers a prompt answer during normal business hours.
   3. (3) Each REP shall provide a 24-hour automated telephone message instructing the caller how to report any service interruptions or electrical emergencies.
   4. (4) Each REP and aggregator shall employ 24-hour capability for accepting customer contract cancellation by telephone, pursuant to rights of cancellation in §25.474(h)of this title (relating to Selection or Change of Retail Electric Provider).
2. (b) Complaint handling. No REP or aggregator shall limit a residential or small commercial customer's right to make a formal or informal complaint to the commission. A REP or aggregator shall not require a residential or small commercial customer to make a formal or informal complaint to the commission. A REP or aggregator shall not require a residential or small commercial customer as part of the terms of service to engage in alternative dispute resolution, including requiring complaints to be submitted to arbitration or mediation by third parties.
3. (c) Complaints to REPs or aggregators. A customer for service may submit a complaint in person, or by letter, facsimile transmission, e-mail, or by telephone with the REP or aggregator. The REP or aggregator shall promptly investigate and advise the complainant of the results within 21 days. A customer who is dissatisfied with the REP's or aggregator's review shall be informed of the right to file a complaint with the REP's or aggregator's supervisory review process, if available, and, if not available, the commission and the Office of Attorney General, Consumer Protection Division. Any supervisory review conducted by the REP or aggregator shall result in a decision communicated to the complainant within ten business days of the request. If the REP or aggregator does not respond to the customer's complaint in writing, the REP or aggregator shall orally inform the customer of the ability to obtain the REP's or aggregator's response in writing upon request.

4. (d) Complaints to the commission.

   1. (1) Informal complaints.

      1. (A) If a complainant is dissatisfied with the results of a REP's or aggregator's complaint investigation or supervisory review, the REP or aggregator shall advise the complainant of the commission's informal complaint resolution process and the following contact information for the commission: Public Utility Commission of Texas, Customer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326; (512) 936-7120 or in Texas (toll-free) 1-888-782-8477, fax (512) 936-7003, e-mail address: customer@puc.state.tx.us, Internet website address: www.puc.state.tx.us, TTY (512)936-7136, and Relay Texas (toll-free) 1-800-735-2989.

      2. (B) Customers are encouraged to include the following in their complaint:

         1. (i) The customer's name, address, and telephone number;
         2. (ii) The name of the REP or aggregator;
         3. (iii) The customer account number or electric service identifier (ESI);
         4. (iv) An explanation of the facts relevant to the complaints; and
         5. (v) Any other documentation that supports the complaint, including copies of bills or contract documents.
      3. (C) The REP or aggregator shall investigate all informal complaints and advise the commission in writing of the results of the investigation within 21 days after the complaint is forwarded to the REP.
      4. (D) The commission shall review the complaint information and notify the complainant of the result of the commission's investigation.

      5. (E) While an informal complaint process is pending:

         1. (i) The REP shall not initiate collection activities, including termination or disconnection of service (as appropriate) or report the customer's delinquency to a credit reporting agency with respect to the disputed portion of the bill.
         2. (ii) A customer shall be obligated to pay any undisputed portion of the bill and the REP may pursue termination or disconnection of service (as appropriate) for nonpayment of the undisputed portion after appropriate notice.
      6. (F) The REP or aggregator shall keep a record for two years after determination by the commission of all informal complaints forwarded to it by the commission. This record shall show the name and address of the complainant, the date, nature and adjustment or disposition of the complaint. Protests regarding commission-approved rates or rates and charges that are not regulated by the commission, but which are disclosed to the customer in the terms of service disclosures, need not be recorded.
   2. (2) Formal complaints. If the complainant is not satisfied with the results of the informal complaint process, the complainant may file a formal complaint with the commission. This process may include the formal docketing of the complaint as provided in §22.242 of this title (related to Complaints).

Source Note:The provisions of this §25.485 adopted to be effective January 15, 2001, 26 TexReg 125.