Retail Supplier Granted Waivers To Allow Use Of Digital TPV

March 20, 2024

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Copyright 2010-23 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The Public Utilities Commission of Ohio granted, in part, and denied, in part, the petition of Santanna Natural Gas Corporation d/b/a Santanna Energy Services (Santanna or the Applicant) for a waiver of certain provisions of Ohio Adm.Code Chapters 4901:1-21 and 4901:1-29, which require an independent third-party verification by telephone to ensure the validity of a customer enrollment that occurs through door-to-door solicitation, as PUCO will allow Santanna to complete the verification process through digital confirmation.

Under Santanna's process, customers will be provided the ability to complete the TPV by either: (1) opting to confirm the provider change through the traditional TPV telephone communication; or (2) opting to use digital/electronic confirmation on their own device (digital TPV).

Under Santanna's process, customers who elect to complete digital TPV will verify, acknowledge, and confirm specified information through a series of 'yes/no' questions on their personal electronic devices. After responding to all of the questions, the customers will receive a final confirmation of the decision to switch providers. Upon e-signing the verification form, the customers will receive a 'welcome package.'

At a high level, the waiver expands references in the TPV rules to terms, including but not limited to, 'audio recording,' 'contact,' 'verbal,' and 'signature' such that a customer’s election to pursue digital TPV would be deemed compliant with these rules. In practice, when the digital TPV process is selected, the customer’s verification will occur through text or email prompts instead of telephonic voice communication.

PUCO noted that, "Applicant emphasizes that its sales agents’ tablets have geolocation features that prevent an account holder from starting the verification process until the account holder has positively confirmed that the salesperson has left the property."

PUCO granted Santanna's request for a waiver of the provisions of the Electric TPV Rules and Gas TPV Rules, subject to Staff’s Conditions (1), (2), and (3).

The Staff conditions adopted by PUCO in granting the waiver are as follows:

(1) only the requirements included in Ohio Adm.Code 4901:1-21-06(D)(1)(a), (c), and (d); 4901:1-21-06(D)(1)(h)(i) through (iv); 4901:1-21-06(D)(1)(i) and (i)(ii); 4901:1-29-06(D)(1), (3), and (4); 4901:1-29-06(D)(6)(a); 4901:1-29-06(D)(6)(b)(i) through (iv); and 4901:1-29-06(D)(6)(c) and (c)(ii) [are] waived to the extent that these rules require wet signatures, audio recordings, or verbal TPVs following a door-to-door sale;

(2) the waiver only applies to enrollments resulting from door-to-door solicitations; and

(3) the digital TPV is completed on a customer-owned device

Specifically, Applicant is authorized to confirm enrollments using digital TPV when requested by customers. "In granting this waiver, we are allowing Applicant to use another enrollment verification option during door-to-door sales in addition to telephonic TPV, which is still available if customers prefer," PUCO said

"[G]ranting this waiver only changes the medium through which the TPV information is communicated -- the TPV information provided during digital TPV remains the same as that required in the Commission rules; thus, we believe, in the context of the digital TPV process outlined in the second amended application, that adequate safeguards exist to protect consumers during door-to-door sales," PUCO said

"Pursuant to this waiver, Applicant is authorized to substitute digital enrollment verification in lieu of telephonic verification when that substitution is selected by the enrolling customer. When the digital enrollment verification is requested, the customer will verify, acknowledge, and confirm TPV information through 'yes/no' questions on the customer’s personal communication device after the salesperson has left the customer’s property. Applicant must continue to ensure that all specific items listed in the rules are verified with the customer in clear, plain language regardless of whether the responses are electronic or telephonic," PUCO said

Concerning the part of Applicant's petition that was denied, PUCO said, "We note that Applicant also requested waiver of Ohio Adm.Code 4901:1-21-06(D)(2)(a)(i) through (viii) and (D)(2)(x) through (xi), as well as Ohio Adm.Code 4901:1-29-06(E)(1). Applicant requested waiver of these rules to the extent that they reference and require that TPVs following door-to-door sales be conducted in accordance with telephonic TPV rules. Notably, Staff did not cite these rules within their recommendation for approval. We recognize that verbal statements and audio recordings, which are referenced within these rules, are inapplicable to conducting digital TPV, and it cannot be expected of Applicant to obtain such verbal statements and audio recordings during the digital TPV process following door-to-door sales. Therefore, the Commission believes it is unnecessary to waive these specific rules and finds that this request should be denied. Further, considering telephonic TPV still applies if the consumer selects that option following door-to-door sales, we decline approving waiver of these provisions to avoid any confusion over their applicability when telephonic TPV is chosen."

The granted waiver will apply until such time as PUCO addresses the TPV rules in the next five-year rule review (as previously reported, PUCO recently re-adopted the existing TPV rules in a now-closed five-year rule review without making substantive changes)

The waiver only applies to Santanna Energy Services and not broadly to the market. PUCO has granted other suppliers similar waivers upon reviewing each supplier's specific TPV process

Case 23-171-GE-WVR

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