1. Introduction

This is a voluntary Statement of Principles (Principles) for marketing retail energy (natural gas and electricity) to residential and small business customers. The Retail Energy Providers (REPs) and Energy Services Companies (ESCOs) adopting these Principles do so to reflect their desire to provide fair disclosure in marketing energy to customers. The Principles are not a substitute for the mandatory provisions of the New York Uniform Business Practices (UBP) or any law or order by which ESCOs or REPs are bound. Instead, it is intended that these Principles will help:
  • Protect customers participating in the deregulated energy market
  • Build and maintain customer confidence in the retail energy industry
  • Promote the effective transition to full retail energy competition
  • Enhance efficient retail market operation by clarifying standards and promoting reliable service
  • Facilitate ongoing cooperation between the retail energy industry, regulators and customers
  • Raise awareness of and promote compliance with the provisions applicable to the marketing of retail energy in the UBP
  • REPs and ESCOs remain flexible and responsive to changing patterns of customer behavior and the changing nature of the energy industry

2. Living Document

This Statement of Principles is designed to remain an organic document that may be voluntarily modified by REPs and ESCOs to address changes in marketing practices and conditions.

3. Training of Marketing Representatives

REPs and ESCOs shall take reasonable steps to ensure that their training of marketing representatives includes awareness of these Principles, the New York UBP, customers right to choose a retailer, knowledge of the REP/ESCO products and services and the ability to explain product and service offers being made by the marketing representative.

4. Personal Contact with Customers

4.1 In person contact with Customers
Representatives of REPs/ESCOs adopting these Principles who engage in in-person negotiations with customers held somewhere other than the REP's/ESCO's place of business, which may lead to a contract for the sale of energy, will on first entering into negotiations and upon request produce identification which indicates the full name of the marketing representative, shows a photograph of the marketing representative, does not depict the utility name or logo, states the name of the REP/ESCO represented by the marketing representative, includes the business address of the REP/ESCO, provides the REP/ESCO telephone number for inquiries, verification and complaints. In addition, the marketing representative will leave the premises upon the request of the occupant or owner of the premises or any person with whom the negotiation is conducted.

4.2 Telephone contact with Customers
Representatives of REPs/ESCOs adopting these Principles who engage in negotiations with a customer by telephone, which may lead to a customer entering a contract will provide the first name and, on request, the operator identification number of the marketing representative making the telephone call, state the name of the REP/ESCO on whose behalf the call is being made and will not represent that the REP/ESCO is acting on behalf of the utility and state the purpose of the telephone call.

5. Conduct

Recognizing that it is in the interests of both customers and REPs/ESCOs that customers understand and consent to the terms on which they are being offered services, REPs/ESCOs adopting these Principles shall not engage in misleading or deceptive conduct, nor make false or misleading representations. They shall use words and images that facilitate customer understanding of REP/ESCO products and services, use reasonable efforts to provide accurate and timely information about services and products and ensure that any product or service offerings that are made by a REP/ESCO contain information that is designed to be understood by the customer.

6. Dispute Resolution

REPs/ESCOs adopting these Principles shall maintain an internal process for handling customer complaints and resolving disputes arising from marketing activities.