Pennsylvania PUC Allows Retail Suppliers To Resume In-Person Marketing At Retail Establishments (In-Store Marketing), Subject To Conditions

June 4, 2020

Email This Story
Copyright 2010-20 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

The following story is brought free of charge to readers by EC Infosystems, the exclusive EDI provider of EnergyChoiceMatters.com

The Pennsylvania PUC issued an order modifying a prior prohibition on in-person marketing to allow retail electric and natural gas suppliers, and similar entities, to resume in-person marketing at retail businesses open as a result of the Governor’s directives regarding the yellow and green phases, subject to certain conditions

The PUC in an order directed that, "The moratorium on in-person sales and marketing activities for all jurisdictional electric generation suppliers and natural gas suppliers is lifted as it pertains to activities at retail businesses open as a result of the Governor’s directives regarding the yellow and green phases. Suppliers engaging in in-person sales and marketing activities at retail businesses must comply with all relevant orders and guidance of the Governor and the Secretary of Health. Suppliers are also required to report their intent to resume in-person sales and marketing activities at retail businesses to OCMO [Office of Competitive Market Oversight] and BCS [Bureau of Consumer Services] as set forth herein."

The terms electric generation suppliers and natural gas suppliers includes retail suppliers, brokers/marketers, and aggregators

More specifically, the PUC stated, "In light of the Commonwealth’s progress in the phased reopening plan, we find that it is appropriate to lift the moratorium on in-person sales and marketing activities for all jurisdictional suppliers as it pertains to activities at retail businesses open as a result of the Governor’s directives regarding the yellow and green phases."

"Importantly, we note that certain restrictions remain in place during the yellow and green phases pursuant to directives of the Governor and the Pennsylvania Secretary of Health. Therefore, suppliers engaging in in-person sales and marketing activities at retail businesses must comply with all relevant orders and guidance of the Governor and the Secretary of Health, including, but not limited to, the Governor’s yellow and green phase Orders and business and building safety Orders, as well as any additional orders or guidance referenced therein and subsequently issued," the PUC said

"Moreover, suppliers must continue to adhere to applicable Commission regulations, including marketing and sales practices regulations. See 52 Pa. Code §111.1-111.4," the PUC said

"Additionally, we agree with NRG that suppliers should report to the Commission their intent to resume in-person sales and marketing activities at a retail business and we agree with the OCA that this report should provide the name and location of the retail business, including the county to identify which phase of the Governor’s reopening plan is applicable. Reports should be provided to OCMO as well as the Bureau of Consumer Services (BCS) at RA-OCMO@pa.gov and RA-PCDOORTODOOR@pa.gov before commencing such activities. The requirement for suppliers to report the resumption of in-person sales and marketing activities will remain in place until it is rescinded by the Commission at the conclusion of the present emergency," the PUC said

The PUC stressed that its order does not impact the moratorium on all other door-to-door, public event or in-person sales and marketing activities.

"[W]e note that this Order does not impact the portion of the March 16, 2020 Emergency Order establishing a moratorium on all other door-to-door, public event, and in-person sales and marketing activities. We find that the moratorium on all other door-to-door, public event, and in-person sales and marketing activities remains necessary to protect customers and supplier employees by minimizing social contact in response to the COVID-19 pandemic. This portion of the Emergency Order remains consistent with the Governor’s directives for the yellow and green phases, which continue to require social distancing and limitations on large gatherings. As such, at this time, this portion of the Emergency Order will remain in place during the pendency of the Proclamation of Disaster Emergency, or unless otherwise ordered by the Commission," the PUC said

"The Commission will reevaluate the need to modify the moratorium on all other door-to-door, public event, and in-person sales and marketing activities as the Governor’s reopening plan progresses throughout the Commonwealth and more restrictions are lifted," the PUC said

Docket M-2020-3019254

EnergyChoiceMatters.com first reported yesterday that the Public Utilities Commission of Ohio is allowing retail suppliers to resume in-store marketing as well as by-appointment in-person marketing with non-residential customers (see story here)

ADVERTISEMENT
NEW Jobs on RetailEnergyJobs.com:
• NEW! -- Senior Manager, Energy Market Research & Analytics -- Houston
• NEW! -- Pricing Analyst -- Houston
• NEW! -- Senior Energy Intelligence Analyst -- Energy Procurement
• NEW! -- Channel Partner Sales Manager -- Retail Supplier