Pa. PUC Proposes Removing Supplier Responsibility for Marketing Consultant Action

The Pennsylvania PUC will examine whether natural gas suppliers (NGS) should, by rule, remain responsible for any violations committed by a marketing service consultant or a nontraditional marketer used by that NGS, as part of its review of gas supplier licensing.

As first reported by Matters (1/12), the PUC has proposed removing the exemption from licensing for marketing service consultants and nontraditional marketers, and would require such entities to obtain a supplier license.

What was not highlighted in a news release, but contained in the PUC's written proposed order, is that the PUC is also proposing to delete 52 Pa. Code § 62.102 (d) and (e), which holds that a licensed natural gas supplier, "shall be responsible for violations of 66 Pa.C.S. and applicable regulations of this title, orders and directives committed by the marketing services consultant [or nontraditional marketer] and fraudulent, deceptive or other unlawful marketing or billing acts committed by the marketing services consultant [or nontraditional marketer]."

"Because marketing service consultants and nontraditional marketers are proposed to be licensed, we are requesting comment to determine whether it is appropriate to remove responsibility from a licensed NGS for violations of the Public Utility Code, and applicable Commission regulations, orders and directives and for fraudulent, deceptive or other unlawful marketing or billing acts committed by a marketing service consultant or a nontraditional marketer," the PUC said (Docket L-2011-2266832).