Regulator Initiates Investigation Of Two Retail Suppliers, Assigns Prosecutorial Staff Rather Than Issuing Immediate NOV

December 10, 2019

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Reporting by Paul Ring • ring@energychoicematters.com

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The Connecticut PURA opened what it termed two separate "investigation[s]" of alleged non-compliance by Public Power, LLC and GDF Suez Retail Energy Solutions, LLC d/b/a Think Energy, and assigned Prosecutorial Staff for the investigation

"Based on complaints from Connecticut residents, the Authority initiates this investigation pursuant to Conn. Gen. Stat. § 16-245u to determine if the licensed electric suppliers Public Power, LLC and Think Energy have complied with: Conn. Gen. Stat. § 16-245d regarding properly conveying supply summary information to the electric distribution companies for display on customer bills; Conn. Gen. Stat. § 16-245o regarding marketing to residential customers; Conn. Gen. Stat. § 16-245s regarding proper third-party verifications, Conn. Gen. Stat. § 16-245 regarding compliance with continuing licensing requirements; and Conn. Gen. Stat. § 42-110b regarding violations of the Connecticut Unfair Trade Practices Act," PURA said

Vistra Energy, which recently acquired Public Power, provided the following statement concerning the matter:" Vistra Energy does not comment on ongoing regulatory action. Vistra and its subsidiaries always strive to do business the right way – in fact, it is one of the company’s core values – and Public Power, under Vistra ownership, will do the same."

PURA said in a notice that, "In lieu of issuing an immediate Notice of Violation against these licensed electric suppliers, the Authority refers this matter to the Prosecutorial Unit for further investigation and, if appropriate, subsequent settlement negotiations for the purpose of achieving a settlement that contains an appropriate civil penalty, extensive retraining of the suppliers’ third-party agents, and retention of all sales calls with continued auditing."

PURA said that the Prosecutorial Unit was assigned, "solely for the purpose of investigating compliance with licensed electric supplier billing, marketing, and licensing requirements, and, if appropriate, facilitating settlement discussions among the parties. If a settlement is not achieved and the Prosecutorial Unit believes the Authority should take further action regarding alleged non-compliance, the Authority requests that the Prosecutorial Unit petition the Authority setting forth its recommendations citing to supporting facts and law."

Docket No. 07-06-13, Docket No. 11-10-14

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