Regulator Grants Aggregators Time To Comply With Recent Enrollment Ruling
April 17, 2023
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The Connecticut PURA has granted a Staff request to provide electric aggregators with more time to comply with a recent ruling from PURA concerning which entities may enroll customers in Connecticut (known as the Motion No. 16 Ruling)
PURA directed that, "all aggregators have until May 17, 2023, to ensure compliance with the Motion No. 16 Ruling and file applications for aggregator certificates as appropriate."
As previously reported, the Motion No. 16 Ruling provided that there are three entities that may enroll a customer with an electric supplier: the supplier, an aggregator registered with PURA, or an agent of either a supplier or an aggregator.
The Motion No. 16 Ruling maintained the longstanding provision that aggregators may not be compensated by suppliers.
However, the Motion No. 16 Ruling suggested that entities which are not compensated by suppliers, but which serve individual customers (rather than pooling customers), may meet the definition of aggregator, subject to a fact-specific review in each registrant's application for an aggregator certificate
Furthermore, while aggregators cannot be compensated by suppliers, PURA's Office of Education, Outreach and Enforcement (EOE) has previously said that compensation by the customer to the aggregator which is merely included in the customer's electric rate as a "pass through" is permissible, provided that the compensation is disclosed to the customer
EOE has previously said, "EOE distinguishes between compensation based on enrollment and compensation that functions as a pass-through."
See more specifics concerning permissible pass-through compensation to aggregators in our prior story here
Given the above, EOE had sought a ruling to give aggregators, who meet the definition and provisions described above, to file for an aggregator certificate
EOE had noted that some entities may have applied for aggregator certificates more than a decade ago and were denied without prejudice, "possibly due to a misunderstanding regarding the aggregator receiving payment from the customer as a pass-through from the supplier."
As such, EOE had asked for the now-granted 30 days to allow such entities to apply for aggregator certificates and comply with the Motion No. 16 Ruling
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