Regulator's Staff Seeks $124,000 Fine Against Retail Supplier -- EnergyChoiceMatters.com

Regulator's Staff Seeks $124,000 Fine Against Retail Supplier

November 28, 2022

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

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The Office of Education, Outreach, and Enforcement (EOE) of the Connecticut PURA requested that PURA issue a Notice of Violation and Assessment of a Civil Penalty (NOV), in the amount of $124,000, against Mega Energy of New England, LLC (Mega or Company) for Mega's alleged failure to timely make certain compliance filings

Mega Energy provided the following statement concerning the matter:

"The Company’s delay in submitting the required filings is an unfortunate oversight from our compliance team. We will continue efforts to reach an agreement with the Office of Education, Outreach, and Enforcement of the Connecticut Public Utilities Regulatory Authority within the state of Connecticut."
--- Statement from Mega Energy

To the extent PURA elects to issue the NOV sought by EOE, Mega would have the right to contest the NOV and seek a hearing

EOE alleged that, "Mega Energy of New England, LLC (Mega) did not timely make the following compliance filings: Disclosure Label (due September 15, 2022), Form 5 (due October 15, 2022), Form 6 (due October 15, 2022), Conn. Agencies Regs. § 16-245-3 (due October 15, 2022)."

EOE sought a fine of $1,000 per day that each compliance filing was allegedly late. EOE alleged, "Two filings were each twenty-two days late, one filing was twenty-four days late, and one filing was fifty-six days late, totaling one hundred twenty-four (124) days late for all filings combined, resulting in a total penalty of $124,000," EOE alleged

Specifically, EOE alleged, "Based on a review of Mega’s compliance history, the Authority has reason to believe that the Company did not file a Disclosure Label on September 15, 2022, but filed it instead on November 10, 2022, fifty-six days late, after a reminder from EOE."

EOE alleged, "Mega last submitted a Form 5 on June 23, 2022. This mid-cycle submission was due to changes in the Form 5 and does not obviate the need for the annual submission on October 15.4 Based on a review of Mega’s compliance history, the Authority has reason to believe that the Company did not file a Form 5 on October 15, 2022, and instead filed it on November 8, 2022, twenty-two days late and after a reminder from EOE."

EOE alleged, "the Authority has reason to believe that the Company failed to timely comply with Conn. Gen. Stat. § 16-245o(h)(9) and made its annual Form 6 compliance filing on November 10, 2022, twenty-four days late, after receiving a reminder from EOE."

EOE alleged that the annual Conn. Agencies Regs. § 16-245-3 filing, which addresses the amount of gross receipts for security compliance and other matters, was filed by Mega 22 days late.

"As an electric supplier Mega should be aware of due dates for annual compliance filings. In the present case, EOE has sent correspondences to Mega five times in the past two years regarding compliance filings.5 Reliance on regulatory staff for constant monitoring of filings is not an acceptable method of complying with licensing requirements, nor does it demonstrate managerial capability," EOE alleged

EOE further alleged, "Pursuant to Mega’s own late-filed gross receipts compliance, Mega grossed more than $3.7 million in 2021. See Compliance Filing dated November 8, 2022. This was an increase over its 2020 gross receipts despite Mega permanently withdrawing from the Connecticut residential market by August 2021."

Docket No. 13-03-09

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