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At its regularly scheduled Administrative Session on October 16, 2024, the Georgia Commission issued the Second Revised Notice Of Proposed Rulemaking Rule Chapter 515-7-8 Service Quality Standards For Certificated Marketers And Regulated Providers Second Revised Notice of Proposed Rulemaking.

The rules proposed in this Second Revised NOPR for Utility Rule 515-7-8 will be considered for adoption at the Commission’s regularly scheduled Administrative Session on December 17, 2024.

Excerpts from the Order:

{***} “On October 3rd, 2023, the Commission issued the original Notice of Proposed Rulemaking (“NOPR”) for public consideration and comment. (Parent Docket No. 15296, Document No. 215846).  On July 18, 2024, Administrative Session, the Commission issued the First Revised Notice of Proposed Rulemaking (Parent Docket No. 15296, Document No. 219426).  At its regularly scheduled Administrative Session on October 16, 2024, the Commission issued the Second Revised Notice of Proposed Rulemaking. The rules proposed in this Second Revised NOPR for Utility Rule 515-7-8 will be considered for adoption at the Commission’s regularly scheduled Administrative Session on December 17, 2024 at 9:30 a.m. to be held in the Commission’s hearing room on the first floor of 244 Washington Street SW., Atlanta, Georgia 30334.  This rule shall become effective as provided for by law, twenty (20) days after its adoption by the Commission and subsequent filing with the Secretary of State.

The issuance of this Second Revised Notice of Proposed Rulemaking supersedes the original and the First Revised NOPR issued in this Docket. All prior proposed rules and timelines contained in the original and First Revised NOPR are superseded by this Second Revised NOPR.

The general authority for adoption of these Rules is found in O.C.G.A. § 46-2-30.  Upon request by any interested parties either prior to the exception of the Rules or within thirty (30) days thereafter, pursuant to O.C.G.A. § 50-13-4-(a)(2), the Commission shall issue a concise statement of the principal reasons for and against adoption of the Rules and incorporating the reasons for overruling the consideration, if any, urged against their adoption.”{***}

Proposed Rule Changes:

{***} “Rule 515-7-8-.03 Service Quality Measures (SQMs) Standards: Customer Service, Billing, and Meter Reading

Every Marketer shall be required to meet SQMs service quality standards to ensure that quality service is afforded to all natural gas customers in Georgia. Specifically, all Marketers shall meet Commission established benchmarks in the following areas:

Call Center Service Level;

• Requests for information from the EDC as authorized by the Tariff or Commission Order and certain requests as determined necessary by the Commission;
• Billing Accuracy and Timeliness;
• Responsiveness to Consumer Inquiries and Complaints;
• Meter Reading Accuracy, if the Marketer either directly or through a third party is performing the meter reading function;
• Meter Reading Timeliness, if the Marketer either directly or through a third party is performing the meter reading function;
• Transmittal of Meter Reading Data to the EDC, including Timeliness and Accuracy of data, if the marketer either directly or through a third party is performing the meter reading function; and
• Transmittal of accurate and timely electronic transactions of consumer data to the EDC.
• If a Marketer fails to meet an SQM benchmark established by the Commission, the Marketer shall notify Staff of the missed SQM benchmark by highlighting the failing percentage in that month’s reporting filing.  This notice does not require the Marketer to make a separate filing from the monthly reporting filing.

Rule 515-7-8-.04 Service Quality Measure (SQM): Call Center Service Levels:

The purpose of this SQM is to measure the percentage of calls answered within 180 seconds or less during a month to ensure a prompt response to a call. This SQM will be measured over one (1) calendar month.

Marketers shall be responsible for answering at least 80% of calls within 180 seconds. If placed into an Interactive Voice Response (IVR), the 180 seconds start when the customer makes the selection to speak with an agent.

The Marketer, at a minimum, shall meet the established SQM benchmark of 80% for Call Center Service Level.  The formula for measuring this benchmark shall be as follows:

(Answered Calls/ Total Received Calls) *100

 For purposes of calculating the formula described above, the following terms shall have the following definitions: 

“Answered Call” means any call answered by a Marketer within 180 seconds and does not include any calls that meet the definition of a “Customer Terminated Call” that were terminated prior to 180 seconds.

“Customer Terminated Call” means (A) any call terminated by the customer and (B) any call terminated by the customer where prior to speaking with agent, the customer had requested a call back. A “Customer Terminated Call” shall not be included in the numerator or denominator in the above-described formula if the call is terminated prior to 180 seconds.  A “Customer Terminated Call” shall be included in the denominator but not the numerator in the above-described formula if the call is terminated after 180 seconds.

“Total Received Calls” means all calls received by the Marketer within a recording period in which a customer makes the selection within the IVR to speak with an agent and only excludes those calls that meet the definition of a “Customer Terminated Call.”    

Rule 515-7-8-.05 Service Quality Measure (SQM): Billing Accuracy 

The purpose of this SQM is to measure the accuracy of a bill sent to a customer by a Marketer versus the number of bills corrected over a period of one(1) month. Marketers shall be responsible for maintaining a 98.5% monthly billing accuracy rate.

The Commission defines inaccurate bills as those bills that were sent to consumers but have to be cancelled and re-billed or those bills that have to be corrected due to Marketer error. Any cancelations or corrections due to meter reading errors or any other error caused by the EDC will not be counted against the marketer.

Rule 515-7-8-.06  4 Service Quality Measure (SQM) Standards: Responsiveness to the Georgia Public Service Commission

Every Marketer shall be required to meet each SQM benchmark service quality standards to ensure compliance with Commission Orders. Reporting is not required for this measure.

Rule 515-7-8-.07 Service Quality Measure (SQM): Meter Reading Accuracy, Meter Reading Timeliness, Transmittal of Meter Reading Data to the EDC

Until such time that the Commission determines that meter reading is a competitive service performed by the Marketers, reporting is not required for these measures.

Rule 515-7-8-.08 Service Quality Measure (SQMs): Transmittal of accurate and timely electronic transactions of consumer data to the EDC

Until such time that the Commission determines that transmittal of accurate and timely electronic transaction of consumer data to the EDC is a required metric, reporting is not required for these measures.

Rule 515-7-8-.09 Additional Service Quality Measures

In addition to the SQMs set forth in this Rule, the Commission may establish additional SQMs as the Commission may from time to time deem necessary.

Rule 515-7-8-.1006 Methodology for Establishment and Review of Benchmarks and Penalties

The Commission shall determine the appropriate benchmarks necessary to measure whether a Marketer or regulated provider has complied with the SQMs service quality standards established by the Commission pursuant to this Rule, as well as the appropriate penalties that may be assessed against a Marketer or regulated provider that fails to comply with such SQMs service quality standards;

The Commission reserves the right to conduct a hearing for the purpose of establishing the appropriate benchmarks to be utilized in determining whether a Marketer has complied with the SQMs service quality standards established herein, as well as the appropriate penalties to be assessed against a Marketer or regulated provider that fails to comply with such SQMs service quality standards. Prior to such hearing, the Marketers, the Commission Staff and any other interested party shall file any proposed benchmarks and penalties for consideration by the Commission. Following such hearing, the Commission shall issue an Order approving and adopting appropriate benchmarks and associated penalties; and

Following the establishment of initial benchmarks and penalties, the Commission may conduct hearings annually for the purpose of reviewing the SQMs service quality standards adopted by the Commission, as well as the benchmarks and penalties established as described in Section (b) above. Prior to such annual hearings, the Marketers, the Commission Staff and any other interested party may file proposed revisions to the SQMs, service quality standards benchmarks and penalties for consideration by the Commission.

Rule 515-7-8-.1107 Reporting and Compliance

Each Marketer shall file reports with the Commission demonstrating its performance with each SQM regard to the service quality standards established by the Commission. Such reports shall be filed by the 15th of the month following the recording period, and in a form approved at least on a quarterly basis, or on some other periodic basis if ordered by the Commission.

Rule 515-7-8-.12 Remediation

Marketers are expected to meet the Commission established SQM benchmarks each month. If the Marketer fails to meet an SQM benchmark, remediation may be required as set forth in this Rule.  

Call Center Service Level Remediation

For the Call Center Service Level, should a Marketer miss this benchmark twice within a 12-month period, such Marketer shall go into a 3-month remediation period that will begin on the first day of the month immediately following the second month in which the Marketer missed the benchmark; and will continue for two (2) additional consecutive months. 

Such Marketer shall file with the Commission a Remediation Action Plan (RAP) to identify and explain the deficiency, specify how the deficiency will be remedied, and provide a timetable for remedial activities. The filing shall be made by no later than the last day of the first month of the remediation period. All remedial activities must be completed by the end of the remediation period.

At the conclusion of the remediation period (which will be on the last day of the third month), the Marketer will have fifteen (15) days to file with the Commission a Remediation Report that demonstrates its compliance with the benchmark that is the subject of the RAP. If the deficiencies are not eliminated, then the Marketer will be assessed a penalty. This penalty will be due on the 15th of the following month.

In order to achieve a passing remediation and avoid a penalty, the Marketer, at a minimum, shall meet a 70% benchmark during the second month of the remediation period, and a benchmark of 75% during the third month of the remediation period. Marketers failing their remediation because they did not meet the benchmark in the second and third month, will be assessed a penalty. That penalty will continue for every month thereafter until the marketer meets the established 80% benchmark.

Billing Accuracy Remediation

For the Billing Accuracy SQM, should a marketer miss this benchmark twice within a 12-month period, such Marketer shall go into a 3-month remediation period that will begin on the first day of the month immediately following the second month in which the Marketer missed the benchmark; and will continue for two (2) additional consecutive months. 

Such Marketer shall file with the Commission a Remediation Action Plan (RAP) to identify and explain the deficiency, specify how the deficiency will be remedied, and provide a timetable for remedial activities. The filing shall be made by no later than the last day of the first month of the remediation period. All remedial activities must be completed by the end of the remediation period.

At the conclusion of the remediation period (which will be on the last day of the third month), the Marketer will have fifteen (15) days to file with the Commission a Remediation Report that demonstrates its compliance with the benchmark that is the subject of the RAP. If the deficiencies are not eliminated, then the Marketer will be assessed a penalty. This penalty will be due on the 15th of the following month. 

To achieve passing remediation and avoid a penalty, the Marketer, at a minimum, shall meet the established SQM benchmark of 98.5% during the second and third month of the remediation period. Marketers failing their remediation because they did not meet the benchmark in the second and third month, will be assessed a penalty. That penalty will continue for every month thereafter until the marketer meets the established benchmark.

Rule 515-7-8-.1308 Penalties

Pursuant to O.C.G.A. § 46-4-158.1(c), failure to meet an SQM benchmark shall subject a certificated Marketer to fines as determined by the Commission. 

The Marketer shall be assessed a penalty after a failed remediation period as explained in Rule 515-7-8-.12. 

The presumptive penalty for non-compliance with any SQM benchmark, shall be $25,000 per each non-compliance event.

Marketers shall deposit the penalties directly into the Universal Service Fund (USF) escrow account by electronic wire transfer, certified check, or cashier’s check. Payments are due by the 15th of the month following the Remediation Report and every 15th of the subsequent month thereafter, when applicable (if non-compliance continues). All penalties may be subject to Commission discretion. The affected party and/or Staff may petition the Commission to have penalties adjusted up or down.

Rule 515-7-8-.14 Rolling Probation Period

For a period of 12 months after the filing date of the remediation report, the Marketer will remain subject to a penalty for each recording period that it is not in compliance with the established SQM benchmark that was subject to remediation. The Marketer will not be given remediation opportunities again for the same benchmark until such time as the Marketer has demonstrated compliance with the benchmark for twelve (12) consecutive months. After the probation period has ended, the Marketer will be allowed to participate in the remediation procedures set forth in this Rule. During this period, Marketers will not be penalized in the event of force majeure as defined on 515-7-8-.15.

Rule 515-7-8-.1509 Force Majeure

The Commission recognizes that a Marketer’s or Regulated Provider’s performance data may be influenced by factors beyond its control. Accordingly, in the event of a force majeure, as defined by Rule 12 of AGLC’s Commission-approved Tariff, a Marketer or regulated provider may file a petition for an exception with the Commission seeking to have the scheduled SQMs service quality standards and/or benchmark results modified. The Marketer or regulated provider will also be allowed to file an expedited petition seeking immediate relief from a payment of penalties as set forth in these Rules in the event of a force majeure. In any such petition, the Marketer or regulated provider shall have the burden of demonstrating that the benchmark was not met due to causes beyond the Marketer’s or regulated provider’s control and which could not have been avoided by exercise of due care. The filing of any such petition shall not contain any payments under these Rules unless otherwise ordered by the Commission.” {***}

Second Revised Notice Of Proposed Rulemaking Rule Chapter 515-7-8 Service Quality Standards For Certificated Marketers And Regulated Providers  (10/16/2024)

15296   (12/18/2011)

Service Quality Measures for the Certified Natural Gas Marketers – Rulemaking