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Texas PUC Publishes Written Final Rule on Use of Portable Electronic Devices In Door-to-Door Sales
February 15,2017 The Texas PUC has published a written final rule which allows retail electric providers to enroll customers via door-to-door sales using a portable electronic device (PED) without the requirement for a TPV or other telephonic verification that is required for other door-to-door sales. Most of the final rule's content was known based on the proposal for adoption and Commissioners' discussion at the recent open meeting (see story here); however, the written final rule confirms a change in language adopted during the meeting concerning REPs' verification of authorization for door-to-door enrollments using a PED. Notably, the proposal for adoption provides that, "The REP or aggregator shall obtain confirmation from the applicant that the applicant is authorized to perform the enrollment and consents to the enrollment being verified using a PED." REPs had expressed concern that the concept of obtaining "confirmation" in this regard was unclear, as the term was not defined. The final rule replaces the term "confirmation" with "affirmation", stating, "The REP or aggregator shall obtain affirmation from the applicant that the applicant is authorized to perform the enrollment and consents to the enrollment being verified using a PED." See the final rule here (Project 45625)
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