(a) Application. This section applies when a retail electric provider (REP) acquires customers from another REP due to acquisition, merger, bankruptcy, or other similar reason.
(b) Notice requirement. Any REP other than a provider of last resort (POLR) that will acquire customers from another REP due to acquisition, merger, bankruptcy, or any other similar reason, shall provide notice the notice required by subsection (c) or (d) of this section to every affected customer. The notice may be in a billing insert or separate mailing, at least 30 days prior to the transfer. If legal or regulatory constraints prevent the sending of advance notice, the notice shall be sent promptly after all legal and regulatory impediments have been removed. The POLR shall comply with the requirements of §25.43 of this title (relating to Provider of Last Resort (POLR)). Transferring customers from one REP to another does not require advance commission approval, unless the transfer is due to abandonment of a REP. The acquiring REP shall also inform the commission or commission staff of the acquisition of customers.
(c) Contents of notice for adverse changes in terms of service. If the transfer of a customer will materially change the terms of service for the affected customer in an adverse manner, the notice shall:
  (1) identify the current and acquiring REP;
  (2) explain the reasons for the transfer of the customer's account to the new REP;
  (3) explain that the customer may select another REP without penalty due to the adverse change in the terms of service, and if the customer desires to do so, that they should contact another REP;
  (4) identify the date that customers will be or were transferred to the acquiring REP;
  (5) provide the new terms of service, including the Electricity Facts Label of the acquiring REP; and
  (6) provide a toll-free number for a customer to call for additional information and the identity of the party being called.
(d) Contents of notice for transfers with no adverse change in terms of service. If a transfer of a customer will not result in a material adverse change to the terms of service for the affected customer, the notice is not required to contain the information required by subsection (c)(3) of this section.
(e) Process to transfer customers. The registration agent shall develop procedures to facilitate the expeditious transfer of large numbers of customers from one REP to another.

Source Note: The provisions of this §25.493 adopted to be effective June 1, 2004, 29 TexReg 4756; amended to be effective March 8, 2007, 32 TexReg 1286