Energy Choice
                            

Matters

On Appeal, NY PSC Denies PULP Discovery Requests For Customer-Specific Info (Names, Address) From ESCOs

PSC Affirms Requirement For ESCOs To Respond To Other PULP Information Requests

August 2, 2017

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

In addressing an interlocutory appeal of the presiding ALJs' discovery ruling in the New York PSC's mass market evidentiary review, the New York PSC this morning ruled that ESCOs shall not be compelled to respond to PULP discovery requests seeking customer-specific information, but otherwise affirmed the ALJs' ruling compelling ESCOs to respond to PULP's other data requests.

As previously reported, among the information sought by PULP via discovery was the name, address, distribution utility, and account number of each customer enrolled by the ESCO

The ALJs granted a PULP motion to compel ESCOs to respond to PULP's discovery requests, including the customer-specific info (see story here)

In response, certain parties, including DPS Staff, raised concern about the disclosure of customer-specific info to PULP.

The ALJs stayed enforcement of the motion to compel pending PSC adjudication of various interlocutory appeals of the ALJs' ruling

In addressing such appeals today, the PSC reversed the ALJs with respect to the requirement for ESCOs to provide PULP with customer-specific information.

The PSC found that PULP's stated need for the information does not outweigh long-standing protections concerning customer-specific information. In presenting a proposed order, Staff said that the wider dissemination of the customer-specific information, which includes name, address, and account number, increases risk to customers, including the risk of potential slamming.

Under the order adopted by the PSC, ESCOs will not be required to disclose customer-specific info to PULP

However, the PSC otherwise generally adopted the ALJs' ruling and ordered ESCOs to provide all of the other information sought by PULP

Such information which must be provided by ESCOs to PULP includes:

• Sales scripts, marketing and promotional materials and related documents

• Scripts used in telemarketing campaigns and all door-to-door marketing campaigns

• A list of all sales or marketing training materials involving the UBPs and other issues, and records confirming that certain employees have received training in a wide array of areas

• Documents related to internal audits and investigations

• Identification of internal discipline and/or sanctions imposed as a result of marketing actions in New York

PULP had also requested copies of audio recordings for each sales call made by the ESCO or others acting on its behalf (for a certain month), and copies of audio recordings of all third-party verification calls (for a certain month). To the extent such recordings may contain a customer statement of their personal information (e.g. recitation of the customer's name, address, and account # during a TPV), it was not explicit from the Commission's discussion at its meeting if ESCOs would be relieved from providing these recordings to PULP

The PSC's discussion also did not address the deadline for ESCOs to respond to PULP's requests.

In the ALJs' original ruling, ESCOs were given 5 days to respond to PULP's discovery requests. Given the appeals, the ALJs stayed such ruling until 15 days after the Commission issues a determination of the interlocutory appeals

ADVERTISEMENT
NEW Jobs on RetailEnergyJobs.com:
• NEW! -- Senior Energy Advisor
• NEW! -- Branch Manager -- Energy Sales
• NEW! -- Energy Advisor
• NEW! -- Director of Supply -- Retail Supplier -- Houston
• NEW! -- Operations Manager -- Retail Supplier
• NEW! -- Indirect Sales Manager -- Retail Supplier -- DFW
• NEW! -- Manager, Supply & Pricing -- Retail Supplier -- Houston
• NEW! -- EDI Transactions Manager -- Retail Supplier -- Houston
• NEW! -- Senior Pricing & Structuring Analyst -- Retail Supplier -- Houston
• NEW! -- Manager, Billing -- Retail Supplier -- Houston
• NEW! -- Pricing Analyst -- Retail Supplier -- Houston
• NEW! -- Operations Supervisor -- Retail Supplier -- Houston