83 Ill. Adm. Code 512.115
Uniform Disclosure Statement
Section
512.115 Uniform Disclosure Statement
a) All AGS
product offers for residential and small commercial customers require a
one-page (front and back of one 8.5 x 11 sheet of paper) Uniform Disclosure
Statement (UDS) using the form in Appendix A.
1) All text in
the UDS shall be printed in 12-point type or larger.
2) The UDS may
include a logo of the AGS.
3) The UDS
shall not contain any items other than those found in Appendix A or described
in this Section.
b) The
disclosures in the UDS shall conform to Appendix A and shall include the
information listed in this subsection (b), in the order listed.
1) Name: The
legal name of the AGS and the name under which the AGS will market its
products, if different.
2) Address: The
AGS’ business address and internet address.
3) Phone: The
AGS’ toll-free telephone number and hours of operation.
4) Price: The
AGS supply price per therm, or as otherwise stated below, and the number of
months the price stays in effect.
A) If the price
is a fixed monthly charge that does not change with the customer's usage, the
fixed monthly charge shall be shown in dollars.
B) If the price
is a custom price, the UDS shall include the word "custom" and the
AGS shall replace "custom" with the price offered to a particular
customer once the AGS has determined the custom price for the customer.
C) If the price
is tied to a publicly available index or benchmark, the UDS shall state the
index or benchmark and include the phrase "Refer to contract."
D) Variable Rate
Products: For a variable rate product, the UDS shall state that the current
rate per therm price and a one-year price history, or history for the life of
the product if it has been offered less than one year, are available on the AGS’
website and at a toll-free number. An AGS shall not rename a product in order
to avoid disclosure of price history.
5) Utility Gas
Supply Cost to compare. "(Name of the alternative gas supplier) is not
the same entity as your gas delivery company. You are not required to enroll
with (name of alternative gas supplier). Beginning on (effective date), the
utility gas supply cost rate per therm is (cost). The utility gas supply cost
will expire on (expiration date). For more information go to the Illinois
Commerce Commission’s free website at
www.icc.illinois.gov/ags/consumereducation.aspx."
6) Other
Periodic Charges: If the price includes a fixed charge that does not change
with the customer's usage,
including any charge that
accrues monthly, weekly, or over any other period of time
, that fixed
periodic charge shall be disclosed in dollar amounts, shall show the fixed
period of time for which that charge occurs and, unless the fixed periodic
charge is monthly, the sum of the charges on a monthly basis.
7) Total Price
with Other Periodic Charges: If the price includes a fixed charge that does
not change with the customer's usage, including any charge that accrues
monthly, weekly, or over any other period of time, and the fixed periodic
charge does not include all supply and delivery service charges, the UDS shall
display the total price per therm at sample usage levels of 50, 100 and 300
therms.
8) Length of the
Contract: The length of the contract in months.
9) Subsequent
Prices after the Initial Price:
If the initial price
remains in effect for the entire term of the contract, the UDS shall state "N/A"
or "Not Applicable." If the price after the initial price does not
change for the remainder of the term of the contract, the UDS shall state the
price in cents per therm and the number of months that price will stay in
effect. If the price after the initial price is a price that includes a fixed
periodic charge that does not change with the customer's usage, and the charge
does not include all supply and delivery service charges, the UDS shall display
the total price in cents per therm at sample usage levels of 50, 100 and 300
therms. If the price after the initial price is a rate that changes at any
time, the UDS shall include the following: "Variable. The variable rate
may go up or down and the rate may be higher or lower than the Gas Utility’s
rate during any given period."
10) Contract
Renewal: The UDS shall disclose whether the contract renews automatically.
11) Rescission:
The UDS shall include the following: "You have the right to rescind
(stop) your enrollment within 10 business days after the date on your Gas
Utility’s written notice confirming the switch of your supplier. You may call
us at (insert toll-free number) or your utility at (insert toll-free number) to
rescind."
12) Termination:
The statement that: "You have the right to terminate an agreement with
an alternative gas supplier AT ANY TIME WITH NO TERMINATION FEES AND NO
PENALTIES. You may call us at (insert AGS’ toll-free number) to terminate this
contract." The preceding portion in capital letters shall be capitalized
and in bold.
13) Seller: The
UDS shall include the following: "This is a sales solicitation and the
seller is (insert AGS name), an alternative gas supplier. If you enter into a
contract with the seller, (insert AGS name) will be your gas supplier. The
seller is not endorsed by, representing, or acting on behalf of, a utility or a
utility program, a consumer group or a consumer group program," unless the
AGS is, through the consumer group, offering services at prices, terms and
conditions that are available solely to members of that organization, "or
a governmental body or program of a governmental body."
14) Questions/Information:
The UDS shall include the following: "If you have any questions or
concerns about this sales solicitation, you may contact the Illinois Commerce
Commission's Consumer Services Division at 1-800-524-0795."
15) Date of
Solicitation: The UDS shall state the date the customer was solicited.
16) AGS
Sales Agent name and ID: The UDS shall include an AGS Sales Agent name and ID.
c) The UDS
shall be provided in the same language as the solicitation and sales contract.