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Latest Draft Rules From PSC Drop Earlier Proposal That Supplier Licenses Expire After Five Years

New Draft Clarifies Sales Agents Subject To Photo ID Requirement

August 14, 2017

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

The District of Columbia PSC has issued a further revised draft of proposed changes to the electric supplier licensing rules, and one notable change is that the draft no longer proposes that supplier licenses expire after five years.

As first reported by ECM, a February draft had proposed that electricity supplier licenses would expire five years after issuance.

While the new proposal would not include an expiration date for supplier licenses, nor would it require a "renewal," the new proposal does provide that the PSC will "review" supplier licenses every 5 years.

The latest draft states, "An Electricity Supplier License is valid until revoked by the Commission or surrendered by the Licensed Electricity Supplier. An Electricity Supplier is subject to review every five (5) years after the date on which the license was issued or was last reviewed. Not less than forty-five (45) days before the five-year anniversary of the date on which the licensee was issued or was last reviewed; an Electricity Supplier shall file with the Commission a review application pursuant to the licensing requirements and procedures set forth in Sections 4601 and 4602. The Commission shall complete its review of the review application within thirty (30) days after its filing. Currently, licensed Electricity Suppliers shall submit a review application not less than forty-five days before five years after the effective date of this chapter."

The new draft also clarifies a requirement concerning photo IDs for sales agents.

The prior draft was ambiguous, due to phrasing, as to which sales agents had to have photo IDs -- only door to door agents, or all agents -- as it stated, "each sales representatives [sic], and marketing agent or representative conducting door to door solicitations shall be required to present a company photo identification to customers as part of the solicitation process."

The new draft clarifies that the photo IDs are only needed for door to door sales.

"[A]ll door-to-door sales representatives and agents shall be required to present a company photo identification to customers as part of the solicitation process," the new draft states

In addition, the Licensee is required to maintain a record of the identity of each sales representative and marketing agent or representative active in the District, including the company photo identification, and make it available upon request to the Commission, the new draft states

The latest draft also includes several other tweaks.

For example, the proposed required notice about the supplier's first marketing activity in the District now includes a specific deadline for such notice, and also now requires OPC to be notified in addition to the PSC

The latest draft states: "A Licensee (both new and existing [sic] who has not initially started serving customers (residential or small commercial) shall notify the Commission and the Office of the People's Counsel ("OPC [sic] within seven (7) before the Licensee begins soliciting or marketing to customers directly or through an authorized representative in the District of Columbia."

Also, how the PSC will monitor supplier compliance's with electronic enrollment and marketing rules has been changed in the revised draft

Previously, the prior draft had provided that suppliers would be required to provide the PSC with, "electronic accessibility necessary to monitor the Licensee’s compliance with previous sections," concerning online enrollments and marketing

The new draft instead relies on screen shots to monitor compliance, providing that, "each Licensee who contracts electronically with customers shall provide the Commission with screenshots of their online enrollment web pages upon request."

Additionally, the prior draft had required the supplier to inform the PSC of the "date" the supplier would begin serving customers.

The new draft instead provides that the supplier shall provide the PSC with the "estimated" start date for serving customers

The new draft retains the requirement that an Electricity Supplier License is not transferable without the prior approval of the Commission.

RM46-2015-01-E-20

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