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Pa. PUC Assigns PECO CAP Shopping Program Design To ALJ For Further Proceedings

March 17, 2017

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

The Pennsylvania PUC, granting in part a rehearing request from low-income customer advocates, has assigned the issue of Customer Assistance Program (CAP) electricity customer shopping at PECO to an ALJ for further proceedings.

PECO electric CAP customers may not currently shop, but the PUC previously authorized implementation of CAP shopping in PECO's second default service plan proceeding (DSP II). However, CAP issues were appealed to the Commonwealth Court, which found that a prohibition on early termination fees for CAP customers was appropriate, and remanded the issue to the PUC. An order on remand and implementation is pending

Meanwhile, CAP customer issues were also addressed in PECO's recent default service case (DSP IV). Notably, certain consumer advocates proposed that CAP shopping only be allowed through a CAP-specific standard offer customer referral program (CAP-SOP), as has been adopted at PPL.

As previously reported, in an order on DSP IV, the PUC said that it would not adjudicate CAP issues in DSP IV given the ongoing remand process in DSP II, though the PUC said that the record concerning CAP issues from DSP IV would be incorporated into DSP II.

In response to requests for rehearing of this approach filed by low-income customer advocates, the PUC has established a more formal process to consider PECO CAP issues, though it affirmed its decision to not address CAP issues in its instant DSP IV order

Instead, the PUC said that, "as it is clear that both the instant proceeding and the DSP II proceeding comprise common questions of law and fact with regard to the matter of CAP customer shopping in PECO’s service territory, we shall consolidate this DSP IV proceeding, docketed at P-2016-2534980, and the DSP II proceeding, docketed at P-2012-2283641, pursuant to 52 Pa. Code § 5.81(a), for the purpose of addressing the CAP shopping issue."

"We shall further direct that the consolidated proceeding be referred to the Office of Administrative Law Judge for further proceedings as may be necessary and a decision on the merits of PECO’s 2016 CAP Rule Change Filing, the CAP-SOP proposed in this DSP IV proceeding, and all issues relating to the ability of CAP customers to shop for electric generation supply in PECO’s service territory. We are of the opinion that consolidating the DSP II and DSP IV proceedings will provide the most appropriate means of ensuring that due process is provided to all affected parties and that the positions of these parties are fully and fairly evaluated. It will also provide this Commission with a single decision containing findings of fact and conclusions of law from which we can evaluate the issues pertaining to the ability of PECO’s CAP customers to shop for electric generation supply, and from which the parties will have the opportunity to file Exceptions and Replies to Exceptions," the PUC said

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