Complaint Filed At PUC Seeks Rescission Of Broker's Licenses

November 21, 2019

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Reporting by Paul Ring • ring@energychoicematters.com

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H.P. Technologies, Inc. ('Complainant') filed at the Public Utilities Commission of Ohio a complaint against Respondents Ryan E. Boucher ('Boucher'), RES Consulting, LLC ('RES') f/k/a Energy Solutions Consulting, LLC ('ESC'), and Fidelis United Energy Solutions, Inc.

With respect to RES, H.P. alleged that, "RES provided CRES [electric] and CRNGS [natural gas] aggregation and/or broker services in Ohio from a period beginning on or before July 2018 through at least May 2019, without obtaining certificates from the Commission."

H.P. alleged that, "Upon information and belief, Respondent RES has provided CRES aggregation and power broker services in the State of Ohio under a certificate issued under its former name, ESC. After ESC’s CRES certificate was abandoned, Respondent RES provided CRES aggregator and/or power broker services in Ohio under its current name without being certified to provide CRES services as required by R.C. 4928.08."

With respect to Fidelis, H.P. alleged that, "Fidelis’ COO (and only acknowledged employee, Respondent Boucher) has engaged in conduct that makes Fidelis unfit to provide CRES or CRNGS [service]."

More specifically, H.P. alleged that, "Respondent Boucher entered into an Independent Sales Contractor’s Agreement ('Agreement') with Complainant under which Respondent would act as one of Complainant’s sales representatives."

H.P. alleged that, "Upon information and belief, on or before April 4, 2018 and continuing thereafter, Respondent Boucher began to provide CRES and CRNGS aggregation and/or broker services in his individual capacity and/or as ESC, including to Complainant’s then-existing customers."

ESC was granted an Ohio electric broker license in May 2018 and filed an application for an Ohio natural gas (CRNGS) broker license in May 2018

H.P. alleged that, "Complainant informed Respondent Boucher that his activities violated the 'noncompetition' and 'nonsolicitation' provisions of the Agreement."

H.P. alleged that, "Respondent Boucher subsequently agreed to cease providing aggregation and brokerage services. On June 22, 2018, Respondent Boucher, ESC’s president, requested the Commission to permit ESC to withdraw its pending application to provide CRNGS aggregation and broker services because Respondent Boucher was relocating overseas. The Commission ultimately granted the withdrawal by Entry of October 31, 2018 in Case No. 18-927-GA-AGG. On June 26, 2018, acting as ESC’s president, Respondent Boucher filed an application with the Commission to abandon ESC’s certificate as a CRES aggregator and power broker in Case No. 18-1053-EL-ABN."

H.P. alleged that, "On or about September 24, 2018, the Commission notified ESC that its certificate to provide CRES aggregator/power broker services was canceled and that if ESC 'continues to provide Ohio jurisdictional service under a cancelled certificate… [it] may be assessed a civil forfeiture of not more than $10,000 per day for each violation.'"

H.P. alleged that, "Upon information and belief, ESC did not abandon its CRES service, but merely changed its name to RES and continued to serve its existing Ohio retail electric customers, and solicit new Ohio retail electric customers, under its changed name."

H.P. alleged that Fidelis filed for Ohio electric and gas broker licenses in June 2019, and received such licenses in July 2019

H.P. alleged that, "Respondent Boucher is the only individual listed in each of Fidelis’ CRES and CRNGS applications, upon which the Commission based its determination that Fidelis has the managerial, technical and financial ability to provide CRES and CRNGS."

H.P. alleged that, "Upon information and belief, Fidelis’ COO (and only acknowledged employee, Respondent Boucher) has engaged in conduct that makes Fidelis unfit to provide CRES or CRNGS in the State of Ohio including: a. providing CRES and CRNGS, individually or through ESC and RES, without being certified by the Commission; ... [and] misrepresenting to the Commission that ESC was abandoning its CRES certificate when, in fact, he merely caused ESC’s name to be changed to RES and continued to offer CRES after cancellation of ESC’s certificate[.]"

H.P. alleged that, "Because Respondent Boucher has violated the many provisions of the Ohio Revised Code and Ohio Administrative Code ... Fidelis’ certificates to provide CRES and CRNGS aggregator/broker services in Ohio is subject to rescission..."

Among other relief, H.P. said that PUCO should:

• Order Fidelis immediately to cease and desist marketing and soliciting customers.

• Immediately rescind Fidelis’ CRES and CRNGS certificates to provide aggregator/broker services in the State of Ohio.

• Permanently bar Respondent Ryan E. Boucher from providing CRES or CRNGS in the State of Ohio in any capacity.

Case No. 19-2050-GE-CSS

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