38.5.6002    VERIFICATION OF SMALL CUSTOMER CHOICE OF SUPPLIER

(1) A supplier may not initiate or effect a change in a small customer's choice of supplier except when the supplier initiating the change has obtained the customer's written authorization in a form that meets the requirements in this rule. The supplier must retain this authorization for at least 12 months from the date of initiation of service.

(2) The letter of authorization shall be a separate document (or an easily separable document) that is delivered to the prospective customer along with the service contract. The letter of authorization shall contain the authorizing language described in (4), the sole purpose of which is to authorize a natural gas supplier to initiate a change in the customer's choice of supplier. The letter of authorization must be signed and dated by the customer who is responsible for payment of the natural gas account.

(3) The letter of authorization shall not be a part of any sweepstakes, contest or similar promotional program.

(4) At a minimum, the letter of authorization must be printed with a readable type of sufficient size to be clearly legible and must contain clear and unambiguous language that confirms:

(a) The customer's billing name and address and each account number to be covered by the change order;

(b) The decision to change the customer's choice of supplier from the current supplier to the prospective supplier;

(c) The customer's designation to the supplier to act as the customer's agent for the supplier change;

(d) The customer's understanding that by authorizing a change in supplier he or she authorizes access by that supplier to his or her usage and account information; and

(e) The customer's acknowledgement of receipt of the supplier's service contract and agreement to its terms and conditions.

History: 69-3-1404, MCA; IMP, 69-3-1404, MCA; NEW, 1999 MAR p. 1233, Eff. 6/4/99; AMD, 2008 MAR p. 575, Eff. 3/28/08.