Definitions

Competitive Generation Service - the generation or procurement of electricity for a consumer by a competitive supplier, at a price which is not regulated by the Department. Competitive Generation Service Price - . the price charged to a consumer for competitive generation service. Competitive Supplier - a retail seller of electricity whose price tu a consumer is not regulated by the Department of Telecommunications and Energy and which is not a municipal light department or a distribution company. Consumer - any person or entity that is an end-user or prospective end-user of electricity purchased or to be purchased not for resale from a retail seller of electricity. Default Generation Service - the service provided by the distribution company to a consumer who is not receiving either standard offer generation service or competitive generation service. Delivered Price - the total price a consumer will pay for electricity; the total of the generation price, the distribution price and all other lawful charges. Department - the Massachusetts Department of Telecommunications and Energy (formerly the Department of Public Utilities). Distribution Company - a business entity, which is not a competitive seller of electricity, engaging in the distribution of electricity at retail or owning, operating, or controlling distribution facilities; provided, however, a distribution company shall not include any entity that owns or operates plant or equipment used to produce electricity, steam, and chilled water, or any affiliate engaged solely in the provision of such electricity, steam, and chilled water, where the electricity produced by such entity or its affiliate is primarily for the benefit of hospitals and non- profit educational institutions, and where such plant or equipment was in operation prior to January l, 1986. Distribution Price-the price, as allowed by the Department of Telecommunications and Energy, to be charged by the distribution company for distribution service. 19.03: continued Distribution Service - the delivery of electricity to the consumer by the Distribution Company over lines that operate at a voltage level typically equal to or greater than 110 volts and less than 69,000 volts. Electricitv. or Electricity Products and Services - the commodity of electric power, or the directly related products and services formerly offered only by distribution companies. Electricity Information Label - the graphic mechanism for informational disclosure as required by 220 CMR 11.06. Generation - the act or process of converting one form of energy or matter into electricity; also the quantity of electricity so produced. Public Aggregator - a municipality or group of municipalities that groups interested electricity consumers within its municipal boundaries to facilitate or otherwise arrange the purchase and sale of electricity pursuant to M.G.L. c. 164, § 134. Retail Seller of Electricitv - any business, person or entity selling, offering to sell, arranging for the sale of, or engaged to market electricity or related products or services to consumers, including but not limited to all entities which are regulated, or which are required to be licensed, by the Department for these purposes. Standard Offer Generation Service - the service provided by the distribution company for a term of seven years after March 1, 1998, in accordance with 220 CMR 11.04(9). 19 .04: Misrepresentations Prohibited 11/l 3/98 It is an unfair or deceptive act or practice for a retail seller of electricity to make any material representation to the public or to any consumer, either directly or through any type of marketing or agreement, or through the use of any misleading ·symbol or representation, which the seller knows or should know has the capacity or tendency to deceive or mislead a reasonable consumer, or that has the effect of deceiving or misleading a reasonable consumer, in any material respect, including but not limited to representations relating to: (a) the quality, environmental or other characteristics, or source of any product or service being offered for sale by any retail seller of electricity. (b) the business relationship between any retail seller of electricity and any distribution company. (c) benefits to the consumer arising from the business relationship between a retail seller of electricity and a distribution company. (d) any term of any agreement to be entered into by the retail seller of electricity and a consumer. ( e) the distribution price, the generation price or the total delivered price of electricity or the price of any related electricity products or service to be charged to a consumer. (f) the likelihood that a consumer will be able to purchase electricity or related products or services at a particular price, where the price depends upon the level of the consumer's electricity usage or any other variable. (g) the difference between any price being charged by any retail seller of electricity, including a distribution company, and arry price being charged by any other retail seller of electricity, including a distribution company. (h) the amount of money to be saved by a consumer, expressed in any manner, if a consumer chooses one retail seller of electricity, including a distribution company, over any other entity selling electricity. (i) the time period during which any offered price will be available. Q) the period of time for which any price will remain in effect. (k) the informational disclosures required to be provided by 220 CMR 11.06 including but not limited to the electricity information label.