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PECO, Stakeholders Seek To Abate Consideration of CAP Shopping Issues Pending Litigation Of PPL Mechanism

May 15, 2017

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

PECO, the Pennsylvania PUC's Bureau of Investigation & Enforcement, and several low-income consumer advocates proposed that the PUC abate consideration of issues related to the eligibility of Customer Assistance Program (CAP) customers to shop for an electric supplier, pending resolution of an appeal of a CAP shopping restriction at PPL Electric Utilities.

The PUC previously adopted an order requiring that PECO allow CAP customers to shop; however, a court remanded the issue to the PUC with the direction that EGS products for CAP customers shall not include an early termination fee.

Subsequently, in reconsidering CAP issues as part of a separate default service proceeding, the PUC assigned the issue of Customer Assistance Program (CAP) electricity customer shopping at PECO to an ALJ for further proceedings (see story here).

Meanwhile, at PPL Electric Utilities, the PUC adopted a restriction on CAP shopping under which CAP customers may only shop through a CAP-specific Standard Offer Program (CAP-SOP), under which the EGS must serve the customer at a 7% discount off the Price To Compare at the time of enrollment, with such EGS price fixed for 12 months (see story here)

RESA has appealed the PUC's approval of the CAP-SOP program at PPL. Various low-income advocates have proposed that a program similar to CAP-SOP be implemented at PECO.

In light of the appeal of the CAP-SOP program, the joint movants asked the ALJ to hold consideration of PECO CAP customer shopping in abeyance pending resolution of the appeal concerning the PPL program.

"Appeal will have a direct and material impact on the disposition of the PECO CAP Shopping case. The current briefing schedule in the PPL CAP Shopping Appeal has briefing closing in early August 2017. However, because the Commonwealth Court does not hear oral argument in July and August each year, the Moving Parties anticipate that the PPL CAP Shopping Appeal could be argued, at the earliest, during the week of September 11-15, 2017. There is no time period in which the Commonwealth Court is required to rule on the appeal," the joint movants noted

"As a consequence, granting this Joint Motion would allow the ALJ to consider any guidance in the Commonwealth Court's decision in the PPL CAP Shopping Appeal regarding the scope of the Commission's authority to impose CAP shopping limitations prior to the issuance of a Recommended Decision in this proceeding. Such action could avoid the potential for a subsequent appeal of this proceeding and conserve the resources of the Commission and the parties. For these reasons, PECO and the other Moving Parties agree that it is in the public interest to hold this proceeding in abeyance pending resolution of the PPL CAP Shopping Appeal," the joint movants said

Retail suppliers did not join the motion for abeyance, but they do not oppose the relief requested under the motion to abate.

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