Updated:
Illinois Adopts Emergency Order Imposing Moratorium On In-Person Solicitations By Retail Energy Suppliers

March 18, 2020

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Reporting by Paul Ring • ring@energychoicematters.com

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Update: 6:25 p.m.

The ICC has issued written orders

The electric order states, "[T]he Commission finds, and hereby orders, that all Illinois ARES should immediately cease all in-person solicitation activities in Illinois for the duration of the public health emergency [declared by the Governor]."

Substantially similar language was used for the retail gas supplier in-person solicitation moratorium order

For purposes of both the ARES and AGS Emergency Orders, "in-person solicitation" is defined as any sale initiated or conducted when the agent is physically present with the customer, which is the definition under 83 Ill. Adm. Code 412.10 (relating to ARESs)

Both the electric and gas orders contained the similar language to the following: "A moratorium on such solicitations will be necessary to slow the spread of the disease and to protect public health. Preventing or minimizing the spread of COVID-19 necessitates reducing personal contact as much as is possible. In contrast, each ARES representative engaged in in-person solicitation attempts to personally contact and solicit, while generally in close physical proximity to, as many potential customers as he or she can. It appears to the Commission that conducting in-person solicitations during the public health emergency is not consistent with and may very well have a highly detrimental effect upon, the efforts of public health officials to limit the spread of COVID-19. Further, such solicitation is inessential during a period of public health emergency. Those customers who particularly wish to begin taking service from ARES can almost certainly complete such transactions online, by mail, or by telephone, and ARES are free to continue marketing activities online, by mail or by telemarketing, provided that such activities are conducted in a manner consistent with the Commission’s Part 412 rules [for AGSs, Section 19-115 of the Public Utilities Act], and otherwise lawfully."

Earlier:

The Illinois Commerce Commission adopted an emergency order imposing a moratorium on in-person solicitations by alternative retail electric suppliers and alternative gas suppliers during the current COVID-19 public health emergency

A written order was not immediately available

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