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PSC Orders Utility To Provide Data Concerning Number Of Competitive Retail Supplier Customers Served Under Utility Customer Assistance Discount Rate

PSC Says It Can Only Compel Utility To Disclose Its Own Rates, But Orders Response To Data Request Implicating Disclosure Of Supplier Rates


September 17, 2020

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

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The District of Columbia PSC granted in part a motion filed by the D.C. Office of People's Counsel to compel Washington Gas Light to provide to OPC various billing data to assist OPC in its evaluation of the retail market and comparison of default service rates with rates by customers served by competitive retail suppliers

Specifically, WGL was ordered to respond to the following data requests:

• Data Request No. 1-3

Regarding residential customers that participate in the Residential Aid Discount ("RAD") program, provide data that discloses for the most recent month for which data are available, separately for each zip code associated with the bills rendered on behalf of third-party suppliers, the following:

a. the name of the supplier and total number of RAD program residential accounts billed for each third-party supplier operating in that area at each rate offered by that supplier, the total therms billed for each rate; and

b. the number of RAD program residential accounts that subscribe to natural gas supply from WGL.

• Data Request No. 1-4 Regarding residential customers that do not participate in the RAD program, please provide data that discloses, for the same month used above, for each zip code, the following:

a. the name of the supplier and total number of residential accounts that do not participate in the RAD program billed for each third-party supplier operating in that area at each rate offered by that supplier, the total therms billed for each rate; and

b. the number of residential accounts that do not participate in the RAD program that subscribe to natural gas supply from WGL.

• Data Request No. 1-1 (f-g)

Regarding Residential Aid Discount ("RAD") customers, provide data that discloses, separately, for each month of the most recent 24 months available, for residential customers participating in the RAD program who purchase natural gas supply from WGL: the total therms billed; the total dollar amount billed; and the total number of accounts billed.

• Data Request No. 1-2 (f-g)

Regarding residential customers that do not participate in the RAD program, provide data that discloses, separately, for each month of the most recent 24 months available for residential customers that do not participate in the RAD program and who purchase natural gas supply from WGL: the total therms billed; the total dollar amount billed; and the total number of accounts billed.

The PSC denied OPC's request that WGL be compelled to provide, for each month of the most recent 24 months available, for each third-party supplier for which WGL renders bills to residential customers, the following, separated by RAD and non-RAD customers: (a) the name of the third-party supplier; (b) the total therms billed for each supply rate (i .e., each unique rate charged by the third-party supplier); (c) the supply rate (per therm) charged; (d) the total dollar amount billed (before application of any applicable discounts) for each supply rate; and (e) the total number of accounts billed for each supplier for each supply rate [Data Request No. 1-1 & 1-2, subparts (a) through (e)]

Note that the PSC directed WGL to respond to OPC Data Requests 1-3 and 1-4, without limiting to which part of such data requests WGL must respond. As noted, the text of such data requests requires WGL to produce, for each supplier, the number of customers, by zip code, which are served, "at each rate offered by that supplier, [and] the total therms billed for each rate."

However, in its discussion of the order, the PSC broadly said that, "our authority to compel WGL to provide information is limited to WGL’s rates, not the rates of third-party suppliers."

As such, the PSC denied (when sought in Data Request No. 1-1 & 1-2 subparts (a) through (e)), "specific data pertaining to third-party suppliers," but similar rate data appears to be required under Data Requests 1-3 and 1-4 as well

While the responses to Data Requests 1-3 and 1-4 could be filed without necessarily disclosing a specific supplier rate (as the data requests only seek the number of customers served at each specific rate; such data could be disclosed by generically labeling each rate as "Rate A", "Rate B", etc. and listing the number of customers on each), the wording of the data request does not suggest such a generically labeled response, nor does the PSC order specifically direct such a mechanism

Regarding its decision, the PSC addressed OPC's assertion of authority under the D.C. Code to compel the responses given OPC's authority to compel responses related to investigations related to the services of public utilities, with the PSC observing that, "there are no provisions in the D.C. Code that concern rates, services, and valuation of a third-party supplier."

"Moreover, the Commission’s jurisdiction over a third-party supplier is limited to complaints made by any person, OPC, or its own initiative," the PSC said

"While OPC asserts that WGL should be compelled to provide data pertaining to third-party suppliers because WGL provides billing services for customers of third-party suppliers, we are not persuaded that either D.C. Code § 34-804(d)(4) or D.C. Code §34-1118(c) authorizes us to compel WGL to provide much of what OPC seeks in OPC Data Request No. 1. OPC has made clear that it seeks data pertaining to the energy bill impact, quality of services, and viability of third-party suppliers in the District. Although OPC argues that because WGL produces a bill for customers of third-party suppliers, this equates to the 'service' of a public utility, as defined in D.C. Code §34-1101, we do not view the term 'service' to be so broad as to encroach upon the proprietary rights of third parties, in this case the third-party suppliers. Moreover, our authority to compel WGL to provide information is limited to WGL’s rates, not the rates of third-party suppliers. The Office is certainly free to conduct its investigation, but we cannot compel WGL to provide data pertaining to third-party suppliers merely because it bills customers of third-party suppliers," the PSC said

"Accordingly, since OPC Data Request Nos. 1-1(a-e) and 1-2 (a-e) seek from WGL specific data pertaining to third-party suppliers, we deny OPC’s Motion to Compel WGL to provide the requested information. However, we grant OPC’s Motion to Compel WGL to provide aggregate data pertaining to WGL customers for whom the Company provides services who may or may not participate in the RAD program, in response to OPC Data Request Nos. 1-1(f-h) and 1-2 (f-h). We also grant OPC’s Motion to Compel WGL to provide data pertaining to WGL customers who may or may not participate in the RAD program, in response to OPC Data Request Nos. 1-3 and 1-4," the PSC said

Docket OPC2020-02-G

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