PSC Staff Seeks Show Cause Order Against Retail Provider Due To Three Alleged Instances Of Slamming, One In Which 'Wet' Signature Could Not Be Produced

May 13, 2019

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Copyright 2010-19 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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Staff of the Public Service Commission of Maryland ("Staff") filed a complaint pursuant to Section 20.07.03 of the Code of Maryland Regulations ("COMAR") requesting that the Commission issue an order directing that Smart One Energy, LLC ("Smart One") show cause why its license to provide natural gas or natural gas supply services should not be suspended or revoked or, in the alternative, why the Company should not be precluded from soliciting additional customers and why Smart One should not be subject to a civil penalty under Sections 7-507 and 13-201 of the Public Utilities Article ("PUA") of the Annotated Coded of Maryland for what Staff alleged was, "committing fraud and engaging in deceptive practices and for failing to comply with the Commission's consumer protection regulations contained in COMAR 20.53.07."

Staff alleged in the complaint that, "The Commission's Consumer Affairs Division ('CAD') received complaint number 118335976-W alleging 'slamming' where Smart One could not provide proof of a 'wet signature'"

Staff alleged in the complaint that, "CAD received complaint number 618339405-W alleging slamming where Smart One agreed that the customer had been slammed."

Staff alleged in the complaint that, "CAD received complaint number 318337186-W alleging slamming where CAD found for the customer."

Staff alleged in the complaint that, "Each of the above actions constitutes a prohibited act in violation of the Commission's consumer protections regulations, for which a civil penalty or other remedy may be assessed."

Aside from the issues described above, Staff did not list in the complaint any other allegations that prompted the request for the order to show cause

Staff requested that the Commission require Smart One to, "fil[e] evidence showing just cause as to why its license to provide natural gas or natural gas supply services should not be suspended or revoked or, in the alternative, why the Company should not be precluded from soliciting additional customers and/or why Smart One should not be subject to a civil penalty under PUA sections 7- 507(1) and 13-201 for (a) slamming and (b) failing to comply with the Commission's consumer protection regulations as contained in COMAR 20.59.07. PUA section 7- 507(1) states that an electricity supplier or person selling or offering to sell electricity in the State in violation of this section, after notice and an opportunity for a hearing, is subject to a civil penalty of not more than $10,000 for the violation; or license revocation or suspension. Each day a violation continues is a separate violation."

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