Regulator Allows Specific Retail Suppliers To Resume In-Store Marketing, Subject To Conditions

January 6, 2021

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Reporting by Paul Ring • ring@energychoicematters.com

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The Illinois Commerce Commission today adopted an interim order allowing several NRG Energy retail electric suppliers to resume in-person marketing at storefronts and similar retail establishments

A written order was not immediately available, but from the ICC's discussion at its meeting today, the order will largely track a proposed order issued in December, which EnergyChoiceMatters.com had first reported on in our story here

Notably, the relief granted by the ICC only applies to several NRG retail suppliers which had filed a petition for the resumption of in-store marketing, including Reliant Energy Northeast LLC, Green Mountain Energy Company, and Energy Plus Holdings LLC, and not all retail suppliers in the state.

Subject to conditions, the order allows the resumption of in-store marketing by the NRG suppliers in those areas of Illinois in "Phase 4" of the state's Restore Illinois re-opening program. The relief only applies to those areas of the State that remain in Phase 4 status, and if the State as a whole or any area reverts to Phase 3 or lower, or if any municipality determines that Phase 4 or similar retail guidelines cannot be maintained consistent with public safety, the NRG suppliers must immediately cease in-store solicitations

Under the order, the NRG suppliers, not third-party vendors or retail partners, are entirely responsible for ensuring NRG's agents' compliance with public health requirements and guidelines

The NRG suppliers are required to follow applicable health and safety measures from the Illinois Department of Public Health and the Illinois Department of Commerce and Economic Opportunity, as well as any local county or municipal ordinances or rules, and also any requirements adopted by their retail establishment partners. The NRG suppliers will not be "held harmless" for agents' failure to comply with any applicable health rules

The NRG suppliers shall also monitor agents to ensure that the customary electric marketing standards under Part 412 are met.

In-person solicitation of all other types, specifically including door-to-door solicitations, remain prohibited until further order of the Commission

Docket 20-0310

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