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PUC Orders Utilities To Provide Retail Supplier Rate, Customer Data To Public Advocate
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As a result of recent legislation, the Maine PUC ordered Central Maine Power Company (CMP) and Versant Power (Versant) to share certain competitive
electricity provider (CEP) rate and customer data with the state's Office of the Public Advocate (OPA)
OPA shall receive, by zip code:
• The name of each CEP operating in that zip code,
• the total number of residential
accounts billed for that supplier at each supply rate offered by that supplier,
• the
total kWh billed at each rate for supply,
• the total non-usage-based monthly fees (e.g. monthly service fees) if any, charged by the supplier (associated with each
rate), and
• the total amount billed for supply on behalf of the CEP, including usage-based and non-usage-based supply charges, but not delivery or transmission
charges
Additionally, the EDCs will report to OPA the number of all residential customers who subscribe to standard offer service
(that is, customers who do not receive service from a retail supplier) in each
zip code.
Additional CEP data will be provided by the EDCs to OPA related to customers receiving low-income assistance
This additional data will include:
• The name of each CEP operating in that zip code,
• the total number of residential
accounts enrolled in the low income assistance program billed for that supplier at
each supply rate offered by that supplier,
• the total kWh billed for each rate for
supply, the total non-usage-based monthly fees, if any, charged by the supplier
(associated with each rate), and
• the total amount billed for supply on behalf of the
CEP, including usage-based and non-usage-based supply charges, but not
delivery or transmission charges
Additionally, the EDCs shall provide to OPA the number of residential customers
enrolled in the low income assistance program who subscribe to standard offer
service (that is, customers who do not receive service from a retail supplier)
in that zip code.
All of the data described above is to be provided for the months of May 2025, 2024, 2023, 2022, and 2021, and December 2024,
2023, 2022, 2021, and 2020:
The OPA
states that it intends to use the information solely for the purpose of conducting studies and
preparing reports regarding the rates and business practices of CEPs
The OPA
states that it would
aggregate customer-specific data and not disclose the identities of specific CEPs in the
reports.
The PUC ordered that the CEP information provided to OPA shall be granted confidential status, and be subject to a protective order
Unless further modified, the PUC limited provision of the CEP information to: (i) PUC members, counsel, members
of the Commission Staff and their consultants; and (ii) the Public Advocate, counsel for
the Public Advocate, and employees and consultants of the Office of the Public
Advocate
The PUC ruled that the
OPA may use the CEP information solely for the authorized purpose
of conducting studies and preparing reports regarding the rates and business practices
of CEPs, and that OPA may not disclose the identities of specific CEPs in the reports.
The PUC dismissed, as outside the scope of the PUC's proceeding, concerns about notice raised by the Retail Energy Supply Association concerning OPA's process for collecting the CEP info, and the reporting of data
RESA had filed comments in which RESA did not object to the OPA’s request but in which RESA
raised two concerns, about notice to CEPs and access to information
Citing
unallocated language in the recent legislation underlying the OPA’s request, P.L. 2025,
ch. 123, § 3 (emergency, effective May 29, 2025), RESA stated that the OPA has an
obligation to provide notice to CEPs of an opportunity to participate in a consultation
process, to make recommendations, and to comment on an anticipated report required
by the recent legislation
The PUC referred RESA to OPA regarding such concerns
The PUC noted that the OPA’s anticipated study and report are not subject to
Commission oversight
RESA had also stated, to provide meaningful input on the
anticipated study and report, stakeholders may need access to some or all data
requested by the OPA and to be filed with the PUC under protective order. RESA
acknowledged that any access to the data filed as a result of the PUC's order must be made in a manner
that protects the competitively sensitive nature of the data and the privacy of customers.
RESA requested guidance on how to access confidential data filed under protective order
with the PUC.
As noted, the PUC limited the data sharing to OPA and PUC & PUC Staff, etc
Concerning access to certain data in a manner that still protects the competitively sensitive nature of the data, the PUC directed RESA to the following provision adopted by the PUC: "Any interested person, party, or the Commission, on its own motion may
challenge the characterization and designation of any documents or other information as
Designated Confidential Information. This protective order may be modified upon
reasonable prior notice to CMP, Versant, CEPs, and SOPs and an opportunity to be
heard. Upon the entry of an order granting such a motion, the provisions and restrictions
of this protective order shall cease to bind any person with respect to the documents or
information that the order granting the motion expressly and clearly removes from the
coverage of this protective order."
Commission Staff encouraged
the parties to work cooperatively on data sharing that does not disclose the proprietary
and customer-specific information filed under protective order
Docket No. 2025-00191
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August 12, 2025
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Copyright 2025 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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