CODE OF CONDUCT

The Board of Directors of The Energy Professionals Association (“TEPA”) has ratified and adopted this Code of Conduct (the “Code”), and all TEPA Members, including members of TEPA regional associations, are hereby bound by the terms and conditions herein effective as of the date provided below.

 

The Code will govern the activities of all ABC TEPA Members. In the event that it is determined that a TEPA Member has failed to abide by the Code, subject to the terms herein, such said Member Company may be subject to the actions provided for herein, as determined by the Board, including revocation of membership.

TEPA Membership is a privilege, is voluntary, and subject to the ongoing approval of the Board of Directors and compliance with the By-Laws, Code of Conduct, and objectives of TEPA. TEPA Members are committed to the advancement of professionalism, education and expansion of competitive energy markets for the benefit of consumers.

CODE OF CONDUCT

Each Member of TEPA hereby agrees that it should operate its business in alignment with the Code of Conduct:

A TEPA Member will comply with all applicable Public Utility Commission or other regulations related to their business operations, including education, disclosure, marketing guidelines and rules, and the timely filing of reports pertaining to customer complaints and business operations. A TEPA Member should manage customer information in a confidential and commercially sensitive manner and not release proprietary customer information to any person unless the customer authorizes such release, and the authorization is in compliance with any contractual restrictions or regulations.

When a customer requests aggregation, brokering, consulting, or other services from a TEPA Member, such Member should disclose to the customer upon the customer’s request: i.) all of the Member’s trade and/or commercial names; ii.) any agency relationships the TEPA Member may have with any retail energy providers (e.g. “ESCOs, REPs, or LSEs”); and iii.) that the Member’s fee is either included and remitted by the supplier or through a different arrangement with the customer. A TEPA Member will not, either expressly or implicitly, in writing or verbally, provide the customer with the impression or belief that the Members such services are “free” to the customer.

A TEPA Member’s fees should be based on the complexity, time involved, and market value of the services requested. TEPA Member’s should not assess an excessive amount to the Customer for work performed. TEPA Member’s fees should be market based and Fees should avoid discrediting the Member or our industry if disclosed to the Customer, regulators or other market participants. The TEPA Board of Directors is a resource for Members that may periodically issue guidelines regarding the reasonableness of fees TEPA Members.

A TEPA Member should not provide false or misleading information in response to a request for information from a customer. Supplier offers/bids/prices should be shared completely and truthfully with customers.

A TEPA Member will conduct itself in a professional and respectful manner in the services it provides. A TEPA Member should work with a spirit of fairness during all business interactions with customers, suppliers and other industry entities so as to uphold the integrity of TEPA and the competitive energy industry.

A TEPA Member’s employees should be qualified, by knowledge and experience, for the work they undertake. A TEPA Member should not endanger the interest of the public or its clients by attempting to handle projects or assignments for which it is not qualified or for which it cannot find sufficient and competent technical assistance.

A TEPA Member should not disseminate or use any form of agreement, advertisement, or other printed material which would be reasonably considered harmful to the competitive energy industry.

A TEPA Member should make aware all of its employees, agents, contractors, officers and directors about this Code of Conduct and monitor compliance with its terms.

A TEPA Member understands the importance of integrity in the competitive energy industry and must be proactive in dealing with adverse actions by aggregators, brokers, consultants, and service providers which are contrary to this Code of Conduct. The Member, therefore, agrees to comply with any regulatory, or Standards and Compliance committee investigations and hearings regarding any actions of an employee, agent, contractor, officer or director of the TEPA Member.

A TEPA Member shall pay its dues to TEPA in a timely manner. The Member will comply with all increases in dues or other assessments approved by the Board of Directors and/or the Members of TEPA.

A TEPA Member will endeavor to remain aware of energy industry education and should meet all continuing education requirements recommended of the TEPA Membership by its Board of Directors and/or Members, as the case may be.

TEPA is a non-profit association that is governed according to the by-laws adopted by its Board of Directors. Upon acceptance into the association, each member is required to read, understand and agree to abide by the “Code of Conduct”. Additionally, it is the responsibility of each member company to ensure that its employees, agents and independent contractors also read, understand and agree to abide by the Code of Conduct.

By joining the association, TEPA Members agree to be bound by and comply with this Code of Conduct, and all decisions made by the Board of Directors, the Standard and Compliance Committee, and regulatory bodies as provided for herein. The decisions reached based upon this Code of Conduct may not be appealed to any court of law, Federal or State regulatory agency or entity or any other entity. The Standards and Compliance Committee, and the Board of Directors, shall have the sole authority to determine penalties imposed herein for violation of this Code of Conduct. Nothing herein shall be construed as limiting any party’s rights to seek a judicial remedy for any claim for damages such person may have otherwise for a matter. By executing this document, the undersigned hereby acknowledges and agrees that it and all of its officers, employees, directors, members, agents and contractors shall abide by this Code of Conduct, and that any violation of this Code of Conduct by the undersigned, or any of officers, employees, directors, members, agents and contractors shall subject the undersigned to the penalties.

(Rev. 1.4.2021)