Regulator Issues Further Directives To Retail Suppliers Concerning Amnesty, Refund Plans

Plans Must Conform To New Directives

June 11, 2019

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Reporting by Paul Ring • ring@energychoicematters.com

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The Connecticut PURA issued an interim decision establishing further parameters and requirements for amnesty plans filed by retail electric suppliers.

Much of the directives had previously been included in an April draft decision

"The Authority approves the following plan for refunding customer amounts: Suppliers will issue refund checks to all customers (both current and non-current) affected by next cycle rate violations for every violation incurred. Such refunds shall not be limited to any specific number of violations or solely to current customers. A letter should be included with the refund check informing the customer of the nature of the refund and instructing the customer to cash the check promptly. Such checks and letters shall be sent to all affected customers on a date to be determined by the Authority, as noted below," the decision states

"For any checks returned as undeliverable, the supplier shall make a good faith effort, and document procedures used in such effort, to find updated addresses for such customers. If refunds remain unclaimed after one year, the supplier shall follow the abandoned property laws as set forth in Conn. Gen. Stat. § 3-60c et. seq.," the decision states

"The Authority rejects any proposed plan that does not conform to the above instructions. Specifically, the Authority rejects any plan that does not attempt to return funds to both current and non-current customers, does not attempt to return funds to all affected customers for all violations regardless of how many billing cycles were impacted, and/or does not follow Connecticut abandoned property laws for unclaimed refunds. Any supplier submitting a plan that does not conform to the approved method detailed above must be willing to implement a plan corresponding to that described above if it chooses to continue to participate in this docket or withdraw its participation," the decision states

"All suppliers shall indicate to the Authority no later than seven days after the date of the Final Interim Decision if they are willing to comply with the plan detailed above. Suppliers continuing to participate in this docket shall then stay all refunds until the Authority has evaluated individually submitted information and indicated to each supplier via correspondence or decision that the amnesty plan has been approved and that the supplier may begin issuing refunds. No supplier plan is deemed approved until the Authority issues a decision and/or correspondence so indicating. Suppliers that have not yet submitted their plan must do so and indicate a willingness to comply with the plan described above within seven days after the date of the Final Interim Decision, or their participation shall be considered withdrawn," the decision states

"No later than seven days after the date of the Final Interim Decision, suppliers shall indicate a willingness to follow the plan outlined above when issuing refunds to customers identified in their proposals. Suppliers shall then stay all refunds until the Authority indicates to each supplier via correspondence or decision that the amnesty plan has been approved and that the supplier may initiate the refund process detailed above. Suppliers that have not yet submitted their plan must do so within seven days after the date of the Final Interim Decision and such plan must correspond to the plan outlined above," the decision states

The decision specifically orders as follows:

1. No later than 4 p.m. on June 19, 2019 suppliers participating in this docket shall indicate their willingness to comply with the plan detailed in this Final Interim Decision and submit a revised amnesty plan if the original amnesty plan does not comply with this Decision.

2. No later than 4 p.m. on June 19, 2019 any supplier that has not submitted an amnesty plan shall do so or its participation in the amnesty program shall be considered withdrawn.

3. Suppliers continuing to participate in this docket shall stay all refunds until the Authority has evaluated and approved individually-submitted plans and indicated to each supplier that it may initiate the refund process detailed in their plan.

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