Positive Energy to Reimburse 3,200 Customers, Relinquish Aggregator Certificate Under Connecticut Consent Agreement

Email This Story
March 11, 2011  

The Connecticut DPUC yesterday approved a consent agreement with Positive Energy Electricity Supply LLC under which Positive Energy will voluntarily relinquish its aggregator certificate, and will make reimbursements to some 3,200 customers whose enrollments with a supplier were delayed and who did not timely receive the benefits of lower rates contained in their contracts as executed with Positive Energy.

The consent order results from a DPUC investigation into Positive Energy opened last summer, after various allegations from the Attorney General and other parties (see 8/12).

Positive Energy would have relinquished its aggregator license soon regardless of the consent agreement, given its desire to continue as a marketing agent for a supplier (currently ResCom Energy), and the DPUC's pending draft that would prohibit aggregators form having any such relationship with a supplier. As first noted in Matters, Positive Energy had already expressed this intention in a September letter to the DPUC (see 9/29).

The consent agreement specifically provides that Positive Energy relinquished the certificate voluntarily, "for reasons it represents are unrelated to the allegations set forth herein."

Without admitting of denying the findings, Positive Energy consented to the entry of the finding by the DPUC that:

• Positive Energy's February 5, 2009 aggregator application did not disclose information that Positive Energy's President had been found to have violated in 2003 several statutes administered by the Connecticut Department of Banking, which subjected Positive Energy's President to a default cease and desist order and civil penalties

• Delayed enrollments with an electric supplier for 3,210 of Positive Energy's customers, denying said customers the timely benefit of lower electric generation rates contained in their Customer Agreements, may have violated the provisions of Title 16 or the regulations promulgated thereunder

Under the consent agreement, Positive Energy shall reimburse customers affected by the delayed enrollments in the full amount of the rate reductions not received by such customers as a result of the delayed switch. Positive Energy is directed to mail affected customers a letter notifying them of the reimbursement, and affected customers are required to provide evidence from their distribution company of the customer's electric usage during the affected period.

The consent order was filed in Docket 10-08-09.

Email This Story

HOME

Copyright 2010-11 Energy Choice Matters.  If you wish to share this story, please email or post the website link; unauthorized copying, retransmission, or republication prohibited.

 

Be Seen By Energy Professionals in Retail and Wholesale Marketing

Run Ads with Energy Choice Matters

Call Paul Ring

954-205-1738

 

 

 

 

 

Energy Choice
                            

Matters