Date: September 23, 1996

To: Consumer Protection & Education working group

From: Rich Jarvinen, SDG&E

Re: Proposed outline for 10/30 report

Following please find a proposed outline for the 10/30 report. Noted in parenthesis after each section is a reference to documents which can be used as the foundation for each chapter or section. I believe that it covers all identified issues for which this group is responsible. If this outline appears reasonable, I would be happy to pull together the noted documents into a first cut for the report, identifying holes as I go.

Let's discuss Thursday, 9/26, in Los Angeles.

Thanks!

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1. Introduction (Chapter 12 introduction & Section 12.1. from 8/30 DAWG Report)

2. Consumer Principles for Restructuring (Section 2.2. from 8/30 DAWG Report)

3. Potential Unfair Trade & Marketing Practices (OPTIONS: Either (1) describe unfair trade and marketing practices first, then address solutions in later sections (as proposed here), or (2) address each possible unfair trade and marketing practice and possible solutions at the same time, in a single section.)

3.1. Fraudulent Practices (Using the introduction & "A" in DRA's 8/23/96 Issue #9 draft)

3.1.1. Enrollment

3.1.1.1. Slamming (#2)

3.1.1.2. Redlining (#13, also using the first part of UCAN's 6.2.)

3.1.2. Meter Tampering, Billing, & Collections

3.1.2.1. Billing for Services Not Rendered (#9, #10, #12)

3.1.2.2. Advance Payment & Deposit Requirements for Services Not Intended to be Rendered (#3, #4)

3.1.2.3. Billing for Unsettled Disputes with Other Retailers (#1)

3.1.3. Marketing

3.1.3.1. Misrepresenting services to customers by using other retailers' names and products (#5, #6, #7)

3.1.3.2. Making false statements about pricing terms (#8)

3.2. Legal Practices which Could Be Harmful Absent Consumer Education

3.2.1. Enrollment

3.2.1.1. High Cost Exit Terms in Contracts

3.2.1.2. Long Term Contractual Agreements

3.2.1.3. Landlord/Tenant Restrictions (UCAN's 6.5.)

3.2.2. Billing & Collections

3.2.3. Metering

3.2.3.1. Use of Service Limiters (UCAN's 6.4.)

3.2.4. Marketing

3.2.4.1. Aggressive Sales (#11)

3.2.4.2. Sales of High Priced Services (#11)

3.2.4.3. Unsolicited Marketing (#11)

3.2.5. Representations

3.2.5.1. Confusing Names and Disclosures (#5, #6, #7)

3.2.5.2. Incomplete Disclosures (#8)

4. Access to Customer Information (Chapter 7 from 8/30 DAWG Report)

5. Acceptable Energy Service Provider Business Practices

5.1. Methods of Governance

5.1.1. Government Oversight

5.1.2. Private Industry Oversight

5.2. Current & Potential Future Requirements

5.2.1. Marketing Codes of Conduct

5.2.2. Enrollment

5.2.2.1. Nondiscriminatory credit and deposit rules (UCAN's 6.3.2.)

5.2.3. Information Disclosure

5.2.3.1. Mandated

5.2.3.1.1. AB 1890

5.2.3.1.2. CPUC

5.2.3.2. Voluntary or Future Regulatory Opportunities

5.2.3.2.1. Uniform pricing and service terms disclosure (UCAN's 6.3.1.)

5.2.4. Billing and Payment Processing

5.2.5. Customer Service

5.2.6 Reporting Requirements

6. Consumer Education (Chapter 11 of 8/30 DAWG Report)

6.l Implementation (e.g. SCE's education implementation proposal, with input from others, and legislative actions necessary to establish funding mechanisms)

7. Oversight & Redress

7.1. CPUC Role

7.1.1. Registration & Other Requirements

7.1.1.1 Regulatory Authority, Existing Statutes and Examples from Other Contexts (Section 6.2. from 8/30 DAWG Report w/Changes to Legal Requirements Resulting from AB 1890)

7.1.1.2 Competitive Electric Service Provider Requirements (Section 6.5. from 8/30 DAWG Report w/Changes per AB 1890)

7.1.2. Monitoring

7.1.3. Review

7.1.4. Resolution & Corrective Actions

7.2 Customer Representation & Advocacy

7.3. Required Legislative Actions to Establish CPUC Authority