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Draft Order Would Fine Retail Supplier $14,000

December 16, 2015

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Copyright 2010-15 EnergyChoiceMatters.com
Reporting by Karen Abbott • kabbott@energychoicematters.com

A draft Connecticut PURA order would fine Public Power, LLC $14,000 for what the draft would conclude were four incidents of slamming and non-compliance with certain record keeping requirements

The draft results from a review of Public Power, LLC's marketing practices.

The draft would conclude that, "since 2013, Public Power, LLC has initiated a series of protocols and policies to improve and better monitor its operations as well as the actions of its third-party vendors and sales agents in Connecticut."

"The Public Utilities Regulatory Authority also determines that for the most part, Public Power, LLC complied with applicable statutes and regulations regarding the enrollment and switching of customers," the draft states

"However, in a small number of instances, policies and requirements failed and customers were enrolled in violation of Section 16-245o(f)(2) of the General Statutes of Connecticut. Further, the Public Utilities Regulatory Authority has determined that Public Power, LLC was not complying with the record keeping requirements mandated by Section 16-245-2 of the Regulations of Connecticut State Agencies. Accordingly, the Public Utilities Regulatory Authority will impose a fourteen thousand dollar ($14,000) civil penalty on Public Power for these violations," the draft would conclude

With regards to the specific slamming incidents, the draft would conclude that in three instances, the customer appeared confused and did not provide a clear yes response on the TPV and that the TPV should have been rejected (such rejection was also required under Crius' own internal policies). In a fourth TPV, the draft concluded that the customer's responses were coached

"The Authority recognizes that since the change in corporate structure resulting from Crius's management control of Public Power, initiatives have been put in place to improve and monitor the Company’s overall operations. While there may be no direct correlation with this, the Authority has noticed that complaints against Public Power for 2015 are much lower than the previous three years," the draft would conclude

The proposed $14,000 fine reflects $4,000 related to the four slamming incidents and $10,000 for what the draft would conclude was failure to comply with the provisions of Conn. Agencies Regs. § 16-245-2(g)(1), which mandates that an electric supplier shall maintain all records of customer complaints for a minimum of three years from the date of the complaint.

Regarding record keeping, the draft notes, "when asked to provide a copy of all customer complaints received by the Company and the resolution of each complaint, Public Power could only provide those complaints that had been forwarded to the Company from either a governmental agency or the Better Business Bureau. Further, the Company stated that while all written incoming complaints are kept as records, generally, but not at all times, are incoming customer care center calls recorded."

Public Power provided the following statement to EnergyChoiceMatters.com:

"Public Power is pleased with CT PURA’s recognition that Crius Energy 'initiated a series of protocols and policies to improve and better monitor its operations as well as the actions of its third-party vendors and sales agents in Connecticut.' In the more than three years since Public Power joined our portfolio, Crius Energy has put a number of controls in place to reinforce our deep commitment to compliance and transparency. As a result, we deliver extraordinary service and value to nearly a quarter of a million customers throughout the Northeast every day. Public Power looks forward to working closely with CT PURA to close this matter."

Docket 13-02-08

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