DPUC Stays Power of Attorney Prohibition Related to Enrollments

The Connecticut DPUC has stayed two ordering paragraphs relating to aggregators and supplier enrollments in its recent order on electric supplier marketing practices (Docket 10-06-24, see 3/17).

The ordering paragraphs prohibited the use of Power of Attorney agreements between aggregators and customers to enroll customers with suppliers and to constitute verification of enrollment.

Specifically, the ordering paragraphs now stayed were:

"Aggregators shall not enter into Power of Attorney agreements with customers or enroll with any Suppliers on any customers' behalf. No later than 30 days after the date of this decision, any Aggregators who currently have Power of Attorney agreements with customers shall terminate such agreements and issue written notices to the customers to that effect or relinquish their Aggregator certificates of registration."

"Suppliers shall contract with customers directly and not recognize Power of Attorney agreements between Aggregators and customers. Power of Attorney agreements between customers and brokers or other types of agents are acceptable and not prohibited by law."

The Power of Attorney prohibition was not contained in the DPUC's draft decision in the docket, and first appeared in the final order.

The DPUC stayed these orders given the, "active discussion and pending legislation relative to brokers, aggregators and suppliers that may redefine and reshape the relationships among these entities." The DPUC noted that suppliers and aggregators may be required to modify their business practices again at the conclusion of the legislative session, and the Department wishes to avoid causing unnecessary disruptions and disturbance in the aggregators' and suppliers' conduct of business, and related customer confusion.

"As soon as there are definitive directions or guidance from the Legislature, the Department will reopen the docket to revisit this issue," the DPUC said.