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Retail Supplier To Cease Enrolling New Customers in State Under Settlement Approved By PUC

March 2, 2017

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

The New Hampshire PUC approved a settlement among Clearview Electric, Inc., PUC Staff and the Office of Consumer Advocate under which Clearview will suspend all marketing and sales activities in New Hampshire for a period of at least two years, while permitting Clearview to continue to serve its existing retail electricity customers in the state without modification or extension of their existing contracts or enrollments.

The adopted settlement resolves an investigation opened by the PUC into Clearview as a result of customer complaints. As summarized by the PUC's order adopting the settlement, "[t]he complaints described in Staff’s recommendation memorandum included allegations that Clearview sales representatives, among other things, misrepresented themselves as employees or affiliates of the electric distribution company, switched customers without their authorization, failed to leave customers’ premises when requested or failed to abide by 'no solicitation' signs, failed to identify themselves or to provide proof of identity, or failed to disclose to prospective customers that they would lose the applicable Electric Assistance Program (EAP) discount on energy costs if they switched electric supply service to Clearview. Staff’s memorandum also referenced customer complaints implicating the Commission’s rules regarding third party verification of customer enrollments."

Under the settlement, Clearview represents that it ceased all marketing and sales activities in New Hampshire effective as of February 1, 2017, and agrees that it will conduct no further such activities in New Hampshire. Under the settlement, Clearview shall not seek Commission permission to resume any marketing and sales activities in New Hampshire prior to February 1, 2019

The settlement provides that, on and after February 9, 2017, Clearview shall not submit any new customer enrollment requests to the electric distribution utilities, with the exception of the implementation of certain drops and/or enrollments as required to accomplish customer name changes, changes in service location within the utility’s service territory, and similar situations (i.e., account changes that do not involve changes to the identity of the account holder).

Clearview may continue to serve existing retail electricity supply customers through the balance of the customers’ existing contracts or enrollments and/or until such customers choose alternate supply service from another supplier or through utility default service. Per the settlement, upon the expiration of any fixed rate customer contracts, the customer accounts may roll over to a variable rate price structure if and to the extent provided for in the existing terms and conditions of the fixed rate contract, and upon notice provided to customers consistent with RSA 374-F:4-b, IV.

Under the settlement, Clearview shall not attempt to renegotiate or modify existing customer contracts, shall not attempt to win back any former customers, and shall not attempt to save any existing customers, whether through communications initiated by those existing customers or communications initiated by Clearview or its representative(s).

Under the settlement, Clearview shall make payments to customers to remedy their loss of the EAP discount to any customer who (i) has left Clearview’s electricity supply, and/or (ii) contacts Clearview to discontinue electricity supply service with Clearview based on the loss of the EAP discount. Clearview shall provide written notice by U.S. mail to all utility EAP customers who switched to Clearview informing those customers of the opportunity to claim the remedy payment described above by calling PUC Staff within 30 days of the date of the notice, after which time no such remedy amount would be payable to any such customer.

Under the settlement, Clearview shall waive assessment and collection of any early termination fee (ETF) otherwise applicable under the terms of customer fixed rate contracts. Clearview represents that no ETFs are applicable under the terms and conditions of any of its variable rate contracts.

Clearview Energy provided the following statement to EnergyChoiceMatters.com: "As the largest green energy supplier in North America, Clearview Energy is committed to our mission to provide consumers the tools they need to live green. We’re thankful for the opportunity to move forward in our partnership with the New Hampshire PUC, and so very proud of the New Hampshire residents that have made the choice to live a more sustainable lifestyle."

Docket DE 17-002

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