Retail Energy Regulator Rules On Whether Proposed Virtual Training Of Sales Agents Meets Adopted Requirements

May 21, 2021

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Copyright 2010-21 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The Connecticut Public Utilities Regulatory Authority issued further guidance to Vistra Corp. (Vistra or Company) finding that Vistra's specific virtual training process of sales agents meets the face to face requirements of virtual training adopted by PURA under the Electric Supplier Marketing Standards

Vistra had said that its training will be done by live feed on a video platform, wherein the trainer will be required to appear live on video, and all trainees will be required to join the live session, which will be recorded.

Vistra had previously sought clarification of the acceptability of its specific virtual training and whether its video process met the "face to face" requirement under the Marketing Standards

PURA previously found that the training described by Vistra meets the requirement in that it is virtually face-to-face and allows a trainee to ask questions directly of the trainer during the training. However, PURA noted in its prior ruling that, "The Authority additionally clarifies that all trainees must receive the training via the live video feed ... the trainee must join by video during the live feed, to enable the trainee to ask questions and interact with the trainer. The trainee may not simply watch the recorded video after the fact."

This prompted Vistra to seek additional clarification concerning the obligation of the trainee to join the virtual training by video (e.g. whether the trainee must provide a video feed back to the trainer; the trainer is required to be live on video)

Vistra had said, "Vistra clarifies that its training will be done by live feed on a video platform, wherein the trainer will be required to appear live on video, and all trainees will be required to join the live session, which will be recorded. Even though Vistra will (1) require the trainer to keep his or her video on during the entire presentation, (2) require all trainees to attend a live training session in its entirety, (3) design its training platform to allow all participants to use personal web cameras, and (4) encourage all trainees to turn on their personal web cameras, Vistra would not monitor the quality or presence of the video feed received from each trainee’s web camera as viewed from the trainer’s device. To account for a situation where the quality of a trainee’s video feed may be suboptimal or where a trainee does not activate a personal web camera, Vistra will require all trainees to type their names into the video platform. Regardless of the quality or presence of each trainee’s device, each trainee will be fully included in the entire live training session and to the extent that an individual has a question or wants to interact with the trainer or other participants, that individual’s profile would be displayed on the screen while they are speaking for all participants to view. Vistra feels that this solution will work particularly well in the current environment presented by COVID-19 where trainees must join from remote locations rather than a traditional office environment, and where all trainees may not have access to the same internet speeds or technological equipment."

In response, PURA issued guidance stating, "As the Authority previously stated in its Motion No. 10 Ruling, the Marketing Standards require that a supplier’s training 'must be conducted in a manner to allow interaction with and/or questions from the representative being trained.' Marketing Standards, p. 7. The training described by Vistra meets this requirement in that it is virtually face-to-face and allows a trainee to ask questions directly of the trainer during the training. As the Authority noted in the Marketing Standards, virtual trainings are acceptable if they are live, 'face-to-face via a video feed, and allow such interactions and questions ...; although, all virtual meetings must be recorded and preserved for no less than three (3) years from the date of occurrence.' Id."

"The Authority acknowledges that Vistra’s trainings will be recorded, the trainees are required to join by video during the live feed, to the extent possible, and the training enables the trainee to ask questions and interact with the trainer," PURA said

Docket No. 14-07-20RE01

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