Additional Specific Retail Suppliers Would Receive Ability To Conduct Certain In-Person Marketing Under Proposed Orders

February 9, 2021

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Reporting by Paul Ring • ring@energychoicematters.com

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Proposed orders from two Illinois Commerce Commission ALJs would grant petitions from various Vistra retail suppliers for authorization to conduct in-person marketing at storefronts and similar retail establishments for electricity and natural gas, and would grant a petition from several NRG retail suppliers to conduct in-person marketing at storefronts and similar retail establishments for natural gas (the NRG suppliers have already received such authority for electricity)

The proposed order would allow such suppliers to conduct in-store, in-person marketing under the same conditions that were applied to the NRG suppliers when the ICC, in a January order, granted authority to NRG to conduct in-store, in-person electricity marketing (see details here)

Specifically, the proposed order would provide that the suppliers ("Movants") be subject to the following conditions:

• 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 any municipality determines that Phase 4 or similar retail guidelines cannot be maintained consistent with public safety, Movants must immediately cease in-store solicitations

• Movants shall comply with not only the requirements of the Illinois Department of Public Health and the Illinois Department of Commerce and Economic Opportunity, but also with the requirements of their retail partners and their own safety requirements, as well as those of any municipality or county in which it conducts in-person solicitations; Movants will not be held harmless for failure to comply with all such requirements by the Commission’s granting of Movants’ requests herein

• Movants shall monitor the actions of sales agents and any third-party vendors to make sure that all requirements, including the Commission’s requirements, are being met

The relief to be granted under the proposed order would only apply to the petitioning Vistra and NRG suppliers, and no other suppliers

The petitioning Vistra suppliers include Ambit Northeast, LLC, Energy Service Providers, Inc. d/b/a Illinois Gas & Electric, U.S. Gas & Electric, Inc. d/b/a Illinois Gas & Electric, Illinois Power Marketing Company, and Dynegy Energy Services, LLC

The petitioning NRG suppliers include Green Mountain Energy Company and Reliant Energy Northeast LLC d/b/a NRG Business, NRG Business Solutions, NRG Residential Solutions, NRG Retail Solutions, Reliant Energy, Reliant NRG, and Reliant

The proposed relief would only apply to in-store marketing and does not authorize any other form of in-person marketing

Docket 20-0310 et al.

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