Citing Further Opening Of State, Retail Suppliers Ask Pennsylvania PUC To Allow In-Person Marketing To Non-residential Customers, Without Appointment -- EnergyChoiceMatters.com

Citing Further Opening Of State, Retail Suppliers Ask Pennsylvania PUC To Allow In-Person Marketing To Non-residential Customers, Without Appointment

March 30, 2021

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Reporting by Paul Ring • ring@energychoicematters.com

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The Retail Energy Supply Association petitioned the Pennsylvania PUC for a partial rescission of the Commission’s March 16, 2020 Emergency Order which generally prohibits in-person marketing (subject to exceptions later adopted by the PUC)

RESA seeks relief from the portion of the Emergency Order that prohibits in-person, marketing of competitive energy supply services to commercial and industrial customers that are permitted to be open pursuant to the Orders or Directives of the Governor and/or the Secretary of Health

RESA proposes to allow in-person sales and marketing when that marketing is to Commercial and Industrial customers as otherwise permitted by current orders of the Governor and/or Secretary of Health. Such marketing would not need to be by-appointment only; however, as noted below, if the PUC still has concerns with any rescission, RESA would limit its request to appointment-only marketing for C&I customers

"In light of the recent relaxation of restrictions on indoor face-to-face businesses, such bars and restaurants, it is now appropriate to consider what other activities, particularly those that are most effective in-person, can be authorized. RESA believes that such meetings, in a business setting, can appropriately protect attendees, and allow for an effective form of interaction that simply is not attainable through other means, including virtual," RESA said

"The Governor’s recent Order allows other forms of commerce to expand in-person capacity – malls, gyms and theaters, among them. These indoor face-to-face businesses will be permitted to operate at 75% of capacity, and yet EGSs and NGSs are left to flounder with no meaningful opportunity to conduct in-person business with commercial customers, where meetings are very often pre-arranged. This is in contrast to any other business that operates in a face-to-face sales mode, who have not been restricted at the state level at any time during the pandemic. In these settings there will be no surprise, the business and the sales representative will know the rules, including the need for masks and to maintain social distancing, and will be required to follow them," RESA said

"Energy Suppliers that choose to avail themselves of the opportunity that will be created by recission of the Emergency Order as requested herein, will be required to comply with all orders, directives or other requirements issued by the Governor or the Secretary of Health, and will be required to wear masks and remain 6 ft. apart, in addition to any other applicable requirements. Best practices will be followed, including periodic temperature checks and screening, use of disposable items such as pens and/or use of contactless enrollment where possible," RESA said

"Given that the circumstances have changed again with the easing of restrictions on bars, gyms, theaters and restaurants, and other businesses, it appears that the Governor and Secretary of Health have concluded that such activities are once more reasonable, i.e., that such a level of contact is now appropriate at the retail level. RESA seeks to translate that same sensibility into the business-to-business environment, much as the Commission did in its June 4, 2020 Order, 'in-person sales and marketing activities at retail businesses are comparable to the retail activities permitted to resume in-person operations in the yellow and green phases.' In this case, the newly permitted activities translate into the business-to-business market in the same manner as to the permitted retail activities – a limited number of people can interact within the same physical space so long as the guidelines are maintained (masks and distancing, etc.)," RESA said

"For the reasons discussed herein, RESA respectfully requests that the Commission rescind that portion of its Emergency Order that bans in-person sales and marketing, when that marketing is to Commercial and Industrial customers as otherwise permitted by current orders of the Governor and/or Secretary of Health," RESA said

"RESA suggests that any such order require that any EGS or NGS that avails itself of the opportunity presented by such recission: 1) be required to comply with all orders, guidance and/or directives of the Governor and the Secretary of Health; 2) comply with any safety protocols established for any customer premise that they may visit; and, 3) that they Comply with all applicable Commission Regulations or Orders. Suppliers should also be required, at a minimum, to employ best practices, which should include steps to ensure sales agent and customer safety, such as temperature checks, use of face masks, use of disposable stylus pens, hand sanitizer and disinfectant wipes as well as steps to maintain six-foot social distancing requirements, including training and designations of such space; and use of a 'contactless' enrollment process whenever possible," RESA said

"RESA is aware that in prior Orders, the Commission has expressed concern that in-person sales could result in surprise to the prospective customer and thus, in their unpreparedness, cause them to be inadvertently exposed to COVID. That is not the case in the business-to-business setting, in businesses that are already open to the public and so there will be no element of surprise that could cause inadvertent exposure. In non-retail businesses, where access is more controlled, the problem is likewise mitigated by the existing means of gaining access to decision-makers. Nonetheless, to the extent the Commission finds it as a necessary element to rescind its Emergency Order to allow for marketing to businesses that are open, RESA can agree to limit its request to by appointment-only marketing," RESA said

Docket No. M-2020-3019254

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