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Retail Supplier Agrees To $500,000 Forfeiture Under Partial Settlement With PUC Staff; Customer Re-rates Remain An Outstanding Issue For PUC Adjudication
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RPA Energy, Inc. d/b/a Green Choice Energy ("RPA") and Staff of the PUC of Ohio have entered into a partial stipulation under which RPA would pay a forfeiture of $500,000 to settle the amount of a forfeiture previously directed by PUCO but which is currently subject to a remand from the Ohio Supreme Court
As previously reported by ECM (see background here), PUCO had ordered RPA to pay a $1.44 million forfeiture related to various marketing violations, but the Ohio Supreme Court found that PUCO's order did not articulate how PUCO arrived at the $1.44 million figure, and the Court remanded the case back to PUCO for PUCO to explain its prior decision.
The new partial stipulation between RPA and PUCO Staff would resolve the amount of the forfeiture required under PUCO's prior order, establishing RPA's forfeiture obligation as $500,000. The forfeiture would be paid into bill payment assistance and similar funds for Ohio residential consumers
The $500,000 forfeiture amount was arrived at without RPA and Staff agreeing on the total number of violations alleged, or
whether the evidence supports a finding of any specific number of violations.
The partial stipulation explicitly does not address the issue of customer re-rates or the number of customer re-rates that PUCO may potentially order RPA to pay to former customers
RPA and Staff do not stipulate to a re-rate amount or to the specific
customers entitled to a re-rate, and will brief the issue for a PUCO decision
To assist in PUCO's review, RPA and Staff stipulated to certain facts concerning the number of RPA enrollments
The parties stipulate that between January 2021 and June 2021, RPA enrolled 3,948 gas customers and 7,980 electric customers
Concerning one subset of customers, RPA has already provided $3,984 to customers in re-rates
RPA stipulates that if RPA were ordered to re-rate all customers who enrolled in May
and June 2021, such re-rates would total approximately $1.28 million.
"For the avoidance of doubt, the foregoing stipulated amount [the calculation of May
and June 2021 re-rates if ultimately ordered] is not a concession of liability
or admission that such amount is appropriately ordered in this proceeding," the stipulation provides
Except for certain facts expressly stipulated
under the partial stipulation, the partial stipulation provides that nothing in the stipulation, and no discussions or negotiations leading to it,
shall be construed as an admission by any Signatory Party of any fact, position, or
liability
In response to an opportunity for comment, RPA stated, "RPA Energy has no comment on the stipulation filed today."
The partial stipulation remains subject to PUCO review. As noted, the partial stipulation, if approved, would not resolve all issues in the proceeding, leaving the re-rate question to a further PUCO decision
Case 22-441-GE-COI
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September 2, 2026
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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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