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NRG Retail Suppliers: Prohibition On In-Store Marketing Harming Small Businesses, Individual Agents
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Various retail suppliers have responded to the opposition from the Attorney General of the State of Illinois and Citizens Utility Board to various proposed resumptions of in-person marketing, such as the resumption of in-store marketing as sought by Reliant Energy Northeast and Green Mountain Energy Company (NRG suppliers)
As first reported by EnergyChoiceMatters.com, the AG and CUB said that the ICC cannot grant various motions for the resumption of various forms of in-person marketing, because a November Commission ruling on a Staff motion also served to deny pending motions from retail suppliers
However, retail suppliers argued that the AG and CUB are in error in this respect
"The Commission did not act on Reliant/Green Mountain’s Motion on November 5,
2020, nor did the Commission issue an appealable Order," the NRG suppliers said
"In an apparent attempt to circumvent the Retail Electric Competition Act of 2006 [220 ILCS
5/16-101 et seq.] as well as to distract the Commission from the merits of the Joint Movants’
Motion for Modification, AG/CUB/COFU make the preposterous claim that the Commission does
not have the authority to grant the Motion because it has already ruled on that Motion. However,
that argument is based on a string of misrepresentations of the record in this proceeding,
misinterpretations of the Public Utilities Act and the Commission’s rules, and a misstatement of an
appellate court case," the NRG suppliers alleged
The NRG suppliers noted that the AB/CUB "quote the entire sum and substance of the Commission
document denying Staff’s Motion to conditionally dissolve the moratorium, which contradicts their claim." The NRG suppliers noted that the entire sum and substance of the Commission's issuance stated that, "Notice is hereby given that the Commission in conference on November 5, 2020, DENIED
staff of the Illinois Commerce Commission’s Motion to Conditionally Dissolve the
Commission’s March 18, 2020 Emergency Order filed on September 29, 2020."
"It is not possible to argue with a straight face that the Commission denied Joint Movants’
Motion for Modification. Clearly, the only Motion that was denied by the Commission on
November 5, 2020 was its Staff’s motion which, again, would have permitted in-person solicitation
of any form, in contrast to Joint Movants’ motion which requested the ability to conduct limited
in-person solicitation in retail establishments. Reliant/Green Mountain’s Motion is a separate
pleading filed with the Commission and distinct in substance from Staff’s Motion to conditionally
dissolve the moratorium on in-person solicitation. As such, Reliant/Green Mountain, as a matter of
due process, are entitled to having the Commission act on its Motion," the NRG suppliers said
In separately filed comments, the Vistra retail suppliers Interstate Gas Supply quoted the transcript of the November 5 ICC meeting in which Chair Zalewski stated, because the Staff motion to dissolve the ICC's prior emergency order on in-person marketing, "we will thus not be voting on the interim order."
"The transcript clearly demonstrates three items: (1) the Commission denied Staff’s Motion
to Conditionally Dissolve, (2) no other motions were before the Commission or decided, and (3)
the Proposed Interim Order dated October 16, 2020 that would have granted Staff’s Motion to
Conditionally Dissolve and dispose of all other motions as moot was not adopted," Vistra and IGS said
The NRG suppliers further said that AG/CUB, "offer no measurable evidence that allowing Reliant/Green Mountain
to resume in-store marketing with its retail partners poses a unique public health risk."
"Moreover, other
vendors are allowed to operate in the retail establishments in which Joint Movants’ retail partners
have requested the Joint Movants to resume solicitation. It simply makes no sense that the public
can buy cell phones, perfume, coffee, cookies and any other product or service except for retail
electric service," the NRG suppliers said
"Further, data collected by Reliant/Green Mountain support the effectiveness of the
companies’ strict compliance with Center for Disease Control, state and local public health
requirements and guidelines, in addition to the companies’ contactless sales process (described in
detail in the Joint Movants’ Motion), in states with significant COVID-19 rates of infection.
Reliant/Green Mountain have hundreds of personnel working in the field, including retail locations,
and the companies have had no COVID-19 spread over the course of many tens of thousands of
shift hours. Reliant/Green Mountain’s pro-active screening measures prevented two people from
going on shift by giving them an early indication of illness which prevented further spread in their
communities," the NRG suppliers said
"The continuing
moratorium on in-store marketing, while other businesses are being allowed to conduct similar
sales activity in retail establishments, harms small independent businesses who make up the Joint
Movants sales partners, as well as sales agents trying to make a living. Approximately 75 percent
of the sales agents employed by Reliant/Green Mountain’s Illinois sales partners are minorities," the NRG suppliers said
Reliant/Green Mountain stressed that they seek to be allowed to participate in the re-opening of
commerce in Illinois only within the phases and guidelines of the Governor’s
Restore Illinois.
In a reply brief, the AG and CUB reiterated their prior arguments and opposition to the resumption of any in-person marketing
In a separate brief, AG and CUB opposed a motion from the Vistra retail suppliers to resume in-person marketing to non-residential customers, in those area of the state in Phase 4
The AG and CUB again said that the ICC already disposes of Vistra's motion
"The Vistra Retailers’ Motion to Allow Limited In-Person Solicitation was evaluated and
rejected by the Commission on November 5, 2020 when it neither dissolved nor modified the
Emergency Orders," AG and CUB said
The AG and CUB further said, "In-person solicitation, regardless of whether limited to business or non-business customers,
would present an unnecessary and potentially dangerous risk of transmission of COVID-19. The
Commission should continue to reject attempts to diminish the March 18, 2020 Emergency
Orders and deny the Vistra Retailers’ Joint Verified Motion to File First Amended Draft
Proposed Interim Orders Instanter filed on December 4, 2020, and deny, again, the Vista
Retailers Verified Motion to Allow Limited In-Person Solicitation that was filed July 29, 2020.
The Vistra Retailers may engage in other forms of outreach and solicitation so long as it does not
involve in-person contact."
ICC Docket No. 20-0310 et al.
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NRG Reports No COVID Spread Over Tens Of Thousands Of Shift Hours For Areas Allowing In-Store Sales
December 21, 2020
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Copyright 2010-20 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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