Update: Written Order Issued Providing Timing, Frequency Of Negative COVID Tests Needed To Conduct Door To Door Sales

Applicability To C&I Sales, Other In-Person Sales Also Addressed

(Earlier): Regulator Issues Order On Proposed Full Vaccination Requirement In Allowing Resumption Of Door To Door Sales

September 30, 2021

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Reporting by Paul Ring • ring@energychoicematters.com

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The Illinois Commerce Commission has issued written orders allowing the resumption of all forms of in-person retail energy marketing, including door to door marketing to residential customers, subject to several conditions

The ICC adopted substantively identical orders for both electricity and natural gas

As previously reported, the ICC will not require that all retail energy sales agents engaged in in-person solicitations must be fully vaccinated against the COVID-19 virus

However, as previously reported, the ICC will require that all retail energy sales agents engaged in certain in-person solicitations must be fully vaccinated against the COVID-19 virus or must have a negative COVID test result prior to in-person visits

The written order has now provided further specifics concerning the timing and frequency of such negative COVID test results required for certain forms of in-person marketing

Specifically, all retail suppliers, "must ensure that all their employees, sales agents or representatives engaged in in-person door-to-door residential solicitation must either have a proof of vaccination or a negative COVID-19 test taken within 72 hours prior to the solicitation visit, or a timeframe otherwise recommended by the IDPH [Illinois Department of Public Health]."

As noted, this provision is expressly limited to in-person door-to-door residential solicitations

The written order also includes specifics concerning the previously reported mask requirement, which is also limited to residential door to door sales

Specifically, the ICC ordered that all retail supplier employees, sales agents, or representatives, "engaged in in-person door-to-door residential solicitation must wear face coverings throughout all solicitations, as well as observe all state or local requirements now or subsequently in effect governing such solicitations."

As previously reported, the ICC also adopted uncontested conditions described in our story below

Docket 20-0310

Earlier:

The Illinois Commerce Commission today adopted orders allowing the resumption of all forms of in-person retail energy marketing, including in-person marketing to residential customers, subject to several conditions

The ICC adopted substantively identical orders for both electricity and natural gas

The ICC will not require that all retail energy sales agents engaged in in-person solicitations must be fully vaccinated against the COVID-19 virus

However, the ICC will require that all retail energy sales agents engaged in in-person solicitations must be fully vaccinated against the COVID-19 virus or must have a negative COVID test result prior to in-person visits

A written order was not immediately available

As such, it was not clear with what frequency sales agents will be required to provide a negative COVID test, and if such will be required before the commencement of every day's marketing

The ICC will also institute a mask requirement for in-person retail energy sales agents. Absent a written order, it was not clear if the ICC will require that all retail energy employees, sales agents or representatives engaged in in-person solicitation must wear face coverings throughout all solicitations, as well as observe all state or local requirements now or subsequently in effect governing such solicitations, (as proposed by Staff), or if such mask and related requirements will apply only to residential in-person sales (as proposed by an ALJ).

The ICC also adopted the following conditions, which were not contested by retail suppliers (text quotes conditions for ARESs; applicable conditions were also adopted for AGSs)

• ARES intending to conduct in-person solicitations shall exercise careful, responsible and active oversight of employees and agents regarding compliance with all applicable federal, state and local requirements and guidelines governing the health status, and social distancing and sanitizing / disinfecting practices;

• any failure of oversight or compliance that comes to the Commission’s attention will cause the Commission to revisit any Order it issues modifying the Emergency Order; and

• such interim order shall remain in effect while the State remains in Phase 5, and in the event that the State, or any part of the State, reverts to Phase 4 or below, all such in-person solicitations shall immediately cease, except to the extent permitted by the Fifth Interim Order, and then only consistent with the terms of that Order.

Illinois moved into Phase 5 of the Restore Illinois program on June 11, 2021.

Docket No. 20-0310 et al.

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