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PUC Issues Show Cause Order To Retail Supplier

January 13, 2017

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Copyright 2010-17 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

The New Hampshire PUC issued an order to Clearview Electric. Inc. d/b/a Clearview Energy directing the company to, "show cause why it should not be sanctioned under N.H. Code Admin. Rules Puc 2005 and RSA 374-F:7, III," due to alleged instances of slamming and deceptive marketing

As first reported by EnergyChoiceMatters.com (click here), Unitil had filed a complaint with the PUC over Clearview's alleged door-to-door marketing practices

A PUC Staff report said that between June 16 and December 9, 2016, 100 customers whose contacts could be classified as complaints contacted the PUC about Clearview.

PUC Staff reported that, among other issues, the complaints alleged:

• Clearview representatives allegedly identified themselves as representatives of the electric distribution company or allegedly implied a relationship with the electric distribution company

• Clearview allegedly switched a customer without authorization

• Customers lost their Electric Assistance Program (EAP) discount on energy supply costs following a switch to Clearview after allegedly being told that changing to Clearview would not cause a loss of the EAP discount

• Clearview representatives allegedly refused to leave customers’ premises or allegedly failed to abide by "no solicitation" signs

• Clearview representatives allegedly made "false or misleading" statements

The PUC Staff said that, on October 31, 2016, a state legislator contacted the Commission and alleged that a Clearview representative had told one of his constituents that the utility’s rates were going up 300%

The PUC said that, "The allegations described in the complaints summarized in Staffs memorandum, if proven, represent violations of the Commission’s rules governing CEPS. in particular, N.H. Code Admin. Rules Puc 2004.04 (a) (in-person customer solicitation). Puc 2004.05(e) (verbal authorization of customer enrollment). and Puc 2004.10(b) (slamming complaints), and/or the applicable statutory provisions of RSA 374-F:7. I and III (covering, among other things, unfair or deceptive acts or practices by CEPS in the marketing, sale, or solicitation of electricity supply or related services), and RSA 374:28-a (prohibiting slamming of energy-related service customers)."

PUC Staff said that in response to Staff inquiries, "Generally, Clearview has cooperated with the Commission’s investigations and has provided the specific relief requested by the customer, more often than not through the cancellation of the customer’s enrollment."

Staff represented that, "In most cases, however, Clearview has denied customers’ allegations of wrongdoing. In its responses to the complaints sent to it by the Commission, Clearview has stated, among other things, that: the company’s sales script does not contain 'the verbiage' to lead customers to believe that Clearview is affiliated or working for the electric distribution utility; the company’s sales practices do not include the use of pressure, intimidation, or false information; Clearview’s phone records do not show that customers complaining about being unable to get through to the company by phone have contacted the company; the verification calls associated with the complaining customers support their enrollments; or the complaint was the result of a 'misunderstanding.'"

PUC Staff alleged that the PUC received 65 complaints against Clearview regarding many of the same issues outlined above even after an action plan was developed by Clearview in response to initial Staff concerns

Clearview Energy issued the following statement to EnergyChoiceMatters.com: "As one of the largest renewable energy suppliers in the United States, Clearview Energy has a long-standing reputation for putting our customers first. Not only is our goal to provide value, but to ensure a positive customer experience. Having an A rating with the Better Business Bureau, along with a 1% complaint-to-sales ratio in New Hampshire, Clearview Energy strives to ensure that all aspects of the consumer experience is seamless and that we are responsive to any concerns brought to our attention. Moreover, Clearview Energy has a zero-tolerance policy against high-pressure sales tactics and misrepresentation."

Docket DE 17-002

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