Commonwealth Court Supersedeas Allows Pa. Customers to Restrict All Information from Customer Lists

Pennsylvania customers will have the right to restrict the sharing of all of their information, and not just certain data, from being included on eligible customer lists (ECL) provided by utilities to electric suppliers under a supersedeas from the Commonwealth Court; however, the supersedeas will not impact other provisions of the PUC's November customer list order. The supersedeas allows customers to restrict the release of all of their information pending further ruling from the Court on an appeal of the November order.

In a Secretarial letter issued February 15, the PUC informed suppliers that the Commonwealth Court granted the Pennsylvania Coalition Against Domestic Violence's request for a supersedeas of the customer list order.

In particular, the Coalition appealed the PUC's order that customers may only restrict the sharing of their telephone number, billing address and historic usage, and may not restrict the release of all of their information.

"The effect of the stay or supersedeas is to return the release of customer information protocols to the methods and restrictions in effect before the Guidelines Order was issued [in November]," the Secretarial letter states.

"This means that customers will have the right to tell the EDC to restrict the release of all of their customer information. This 'no disclosure' option will remain in effect pending resolution of the pending appeal," the Secretarial letter continues.

"However, the stay or supersedeas does not affect other portions of the Guidelines Order that were not the subject of the PCADV appeal or application for stay, such as the inclusion in the ECL of specific types of customer information for those customers who do not choose to restrict their information, and the frequency of ECL updates. Also, the stay or supersedeas of the Guidelines Order does not affect the customer information protocols contained in the Commission's previously adopted and not appealed orders in PPL and Duquesne," the Secretarial letter adds.

The Secretarial letter was filed in M-2010-218412. See our 11/15 story for discussion of the PUC’s customer list order and customer list contents and procedures