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Pennsylvania Municipalities Amend Petition For Authority To Implement Opt-out Municipal Aggregations
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Seven Pennsylvania boroughs who are seeking from the Pennsylvania PUC an order that would generally allow the boroughs to implement an opt-out municipal aggregation have narrowed the scope of their sought findings under an amended petition
EnergyChoiceMatters.com was first to report on the boroughs' petition which, among other things, petitioned the PUC to "acknowledge[]" the Boroughs' claimed authority to operate an opt-out aggregation, with the Boroughs claiming "explicit power" under the state's Borough Code
The Boroughs have narrowed this request and no longer seek from the PUC a ruling affirming the Boroughs' cited authority to adopt a community choice aggregation (CCA)
However, the Boroughs are still seeking a finding that a retail supplier's enrollment of customers under the Boroughs' CCA would not constitute slamming in violation of Section 2807(d)(1) of the Public Utility Code.
The Boroughs called this sought finding, that customer aggregation on an opt-out basis does not constitute slamming, their "primary request."
To the extent the PUC does find that opt-out enrollment, under the program proposed by the Boroughs, is permitted, the Boroughs now request that the PUC more narrowly declare that the PUC does not oppose the opt-out aggregation, "on any
other basis in the Public Utility Code or other statues in the Commission’s jurisdiction," rather than addressing the Boroughs' authority to adopt opt-out aggregation
The Boroughs noted that the PUC was hesitant to address "home rule" matters regarding municipalities, which are outside the Public Utility Code, in a prior CCA petition
The Boroughs are still seeking a declaration from the PUC that the Boroughs themselves are not required to be licensed as electric generation suppliers (EGSs) in order to adopt an opt-out aggregation
However, the Boroughs have withdrawn their prior request that their CCA Administrator does not need to be licensed as an EGS
The Boroughs further commit that they will require their CCA Administrator to be licensed as an EGS
The Boroughs said that this commitment would mean that the CCA Administrator is "fully subject" to the PUC's jurisdiction, including with respect to EGS customer disclosures, "to the extent not specifically waived pursuant to this petition."
As a licensed EGS, the CCA Administrator will have standard access to various customer information including eligible customer lists, and the Boroughs withdrew requests related to customer information outside of the normal EGS access, except for those items noted below
The Boroughs are asking that the PUC authorize the utilities to provide to the CCA Administrator the following information in connection with the aggregation: customer email address; customer's preferred language (to the extent available); and customer's status with respect to participation in an EDC budget bill program.
As previously reported, the petitioning Boroughs are Carlisle, Hatboro, Lansdowne, Media, Narberth,
State College, and Swarthmore
The Boroughs moved to add the Borough of Camp Hill to the petition, which would allow it to operate an opt-out CCA if the petition is granted
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September 6, 2024
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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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