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Retail Supplier Enters Settlement Agreement With Regulator's Staff

March 22, 2022

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

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Constellation NewEnergy, Inc. has entered into a settlement agreement with the Office of Education, Outreach, and Enforcement (EOE) of the Connecticut PURA to resolve certain issues related to agent training that Constellation identified as a result of interrogatory responses

Under the settlement, Constellation agrees to a voluntary donation in the amount of $17,000, made payable to Operation Fuel, in full and final settlement of any issue related to the recording, and record retention, of the training of its agents regarding the marketing standards requirements, as discussed below

Constellation provided the following statement concerning the matter:

"Constellation self-identified the issues related to the settlement and worked with the Public Utilities Regulatory Authority’s (PURA) Office of Education, Outreach & Enforcement (EOE) to address them in a manner that was satisfactory to all parties. We take compliance matters very seriously and appreciate EOE working with us to resolve this matter."

--- Statement from Constellation

On December 16, 2021, EOE issued a number of interrogatories to Constellation regarding its marketing and training practices.

As stated in the settlement, "in responding to the interrogatories, Constellation identified and brought to EOE’s attention two potential issues with the training of those agents named in its 2020 and 2021 Form 6 compliance filings, dated September 30, 2020 and October 14, 2021 ('Agents'). First, Constellation has not identified recordings of Agent trainings conducted between when the Marketing Standards went into effect and October 2020, although Constellation maintains those trainings were live and in all other aspects other than record retention met the Marketing Standards requirements. Second, Constellation utilized 17 Agents after October 2020 that may not have received training directly by a Constellation employee conducted in a manner that would have allowed recording to meet the Marketing Standards record retention requirement, although those 17 sales agents did receive routine non-recorded training ('Impacted Agents')."

"[O]n February 7, 2022, at Constellation’s request, Constellation and EOE engaged in a discussion regarding the training of its Agents. During that discussion, Constellation informed EOE that it is in the process of re-training those Impacted Agents still utilized by Constellation to comply with the Marketing Standards record retention requirements," the settlement states

The settlement agreement does not represent an admission or concession by Constellation as to the claims, or facts or circumstances surrounding the claims, or proper disposition of any issue related to the settlement agreement

Docket No. 06-07-11

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