Retail Supplier Receives Waiver From TPV Rules

September 26, 2019

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

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The Public Utilities Commission of Ohio granted Direct Energy Business, LLC and Direct Energy Services, LLC a waiver of certain rules governing the third-party verification (TPV) process for new customers enrolled through sales channels requiring a TPV, to allow for a "digital" TPV process, subject to conditions recommended by PUCO Staff

Direct Energy's request for the waivers had been exclusively first reported by EnergyChoiceMatters.com (story here). The requested waivers would enable Direct to offer customers the ability to complete the verification process through a digital confirmation platform. See our prior story on Direct's initial proposal here, and an augmented proposal here, for complete details on Direct's digital TPV process

Direct requested a waiver of Ohio Adm.Code 4901:1-21-06(D)(1)(h) and 4901:1-21-06(D)(2)(a) (Electric TPV Rules) and Ohio Adm.Code 4901:29-06(D)(6)(b) and 4901:1-29-06(E)(1) (Gas TPV Rules) to give customers the option of third-party verification through a digital confirmation platform.

"Specifically, the waiver would expand references in these rules to the terms 'audio recording,' 'telephonically,' 'telephone call,' 'verbal,' and 'call' such that a customer’s election to pursue digital TPV would be deemed compliant with these rules. Employing the waiver, when the digital TPV process is selected, the customer’s verification will occur through text or internet prompts instead of a telephonic voice communication. The verification information is not changed -- only the medium for the communication," PUCO said in summarizing the petition

"The Commission finds that Applicants have shown good cause for the requested waiver. Accordingly, Applicants’ request for a waiver of the provisions of the Electric TPV Rules and Gas TPV Rules is granted, subject to Staff’s conditions and recommendations. Applicants are authorized to confirm enrollments using digital TPV when requested by customers," PUCO said

As previously reported, the conditions proposed by Staff were:

1. Only the verbal requirement included in Ohio Adm.Code 4901:1-21- 06(D)(1)(h), 4901:1-21-06(D)(2)(a), 4901:1-29-06(D)(6)(b) and 4901:1-29- 06(E)(1) shall be waived.

2. All other requirements and disclosures for telephonic and door-to-door third-party verification be met using text through the digital platform.

3. That the waiver expires when the Commission issues its final rules in Case No. 17-1843-EL-ORD and 17-1847-GA-ORD (concerning customer protections, enrollment, etc.).

"Pursuant to this waiver, Applicants are authorized to substitute digital enrollment verification in lieu of telephonic verification when that substitution is selected by the enrolling customer. When the digital enrollment verification is requested, the customer will verify, acknowledge, and confirm TPV information through 'yes/no' questions on the customer’s personal communication device after the salesperson has left the customer’s property. Applicants must continue ensuring that all specific items listed in the rules are verified with the customer in clear, plain language regardless of whether the responses are electronic or telephonic," PUCO said

"Although Applicants request the rule waiver for an indefinite period of time, the Commission finds that the waiver should be granted only until the Commission issues an order addressing enrollment requirements in the pending five-year rule review in Case Nos. 17-1843-EL-ORD and 17-1847-GA-ORD," PUCO said

Case 18-382-GE-WVR

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