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Muni Aggregator Asks Regulator To Make Supplier Complaint Data, Enforcement Actions Public; AG Would Require Suppliers To Notify Affected Customers of Violations, Remedial Order

October 12, 2016

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Copyright 2010-16 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

The Cape Light Compact, in comments on proposed guidelines governing retail supplier enforcement proceedings, asked that the Massachusetts DPU make information concerning retail supplier complaints and enforcement actions public

Click here for background on the proposed guidelines to govern supplier investigation and enforcement proceedings

The Cape Light Compact noted that the interim guidelines would apply to Department action in the wake of a complaint or report of a suspected or alleged violation of G.L. c. 164, §1A through 1F.

"However, there is no mention in the guideline of how the Department will maintain a record of complaints received against a Competitive Supply Company (as such term is defined in the Interim Guidelines)," the Compact said

"Consumers should be able to obtain information from the Department regarding the number of complaints filed against a Competitive Supply Company and the resolution of such complaints. The Compact recommends that the Department either incorporate in the Interim Guidelines existing procedures the Department has in place to maintain records of complaints received, or adopt a new tracking mechanism consistent with the procedures set forth in the Interim Guidelines," the Compact said

"The Compact recommends that such tracking information be made available in some form for consumers to review. Given that the Department has now implemented a shopping for competitive supply website as part of its investigation in D.P.U. 14-140, consumers will be interested in having access to the number of complaints filed against a Competitive Supply Company and whether any such complaint resulted in no action, an informal remedial plan, a notice of probable violation (with associated docket number), remedial order (with associated docket number), or consent order (with associated docket number)," the Compact said

The Compact also requested that the Department, "ensure that consumers have access to informal remedial plans and consent orders, as well as the notices of probable violation and remedial orders that presumably will be available on the Department’s online docket."

In separately filed comments, the Massachusetts Office of the Attorney General likewise recommended that, "Regardless of which level of review the Department undertakes to investigate complaints or suspected violations of G.L. c. 164, §§ 1A through 1F, the Department should take steps to ensure that the public is aware of any remedial actions taken to address the conduct of a Competitive Supply Company."

The AG said that such steps should include: (1) prominently posting the remedial plan or remedial order on the Department’s Shopping for Competitive Supply Website; (2) providing copies of the remedial plan or remedial order to members of the public upon request; and (3) requiring the competitive supply company to notify affected customers of a violation that results in a formal remedial order. Such transparency is necessary to allow customers to make educated decisions before signing up with particular competitive supply companies.

Docket D.P.U. 16-156

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