N.H. PUC "Disheartened" By Supplier's Lack of Oversight of Brokers, in Ruling on Forgery Complaint

The New Hampshire PUC will not take any action against Constellation NewEnergy in regards to a complaint brought by Public Service of New Hampshire regarding an allegedly forged signature on a Letter of Authorization for customer usage, but expressed concern with what the PUC perceived as a lack of oversight of brokers by Constellation NewEnergy.

As summarized by the PUC in a letter to Constellation NewEnergy, the specifics of the complaint were as follows:

"Thank you for your letter of July 30, 2012 in which you responded to the complaint of Public Service Company of New Hampshire on behalf of Filtrine Manufacturing Company regarding allegations of a forged signature. You stated that Constellation New Energy (Constellation) does not have an existing contractual agreement with Filtrine Manufacturing Company and that a broker, Good Energy, L.P., obtained and provided Letters of Authorization to Constellation. You explained that Good Energy delivered executed agreements to PSNH and that Constellation did nothing to alter them, but checked to confirm correct form and required information. You also stated that the President of Filtrine acknowledged signing a Letter of Authorization dated July 17, but did not know who signed his name on the Letter of Authorization dated July 10, 2012. You concluded that Constellation acted in good faith, in accordance with applicable law, and asked that the complaint be dismissed without further action."

Good Energy, LP said in an email to the PUC that the request for release of customer load data dated July 10 referenced above was "forged" by one of its employees.

Based on such responses, the PUC determined that no further action should be taken against Constellation NewEnergy.

The Commission added that, "[t]he lack of any effort to ensure that such practices have not been common, or will not occur in the future, however, is disheartening."

"The Commission relies on companies registered as competitive energy providers such as Constellation to maintain high integrity in the handling of customer identity, usage data, and choice of supplier. Attention to the processes that a broker engages in on behalf of a competitive supplier should be part of that supplier’s responsibilities. Should further allegations of this sort be made, the Commission will open a formal investigation," the PUC said.

In an email to the PUC, Maximilian Hoover, President of Good Energy, LP, wrote, "I take full responsibility for the forged document, and would like to do whatever I can to make this right with the State of New Hampshire Public Utilities Commission, with Constellation, Filtrine Manufacturing and any other parties impacted by this event. I have personally spoken with Peter Hansel, the President of Filtrine, as well as representatives from Constellation, describing candidly our failures and offering my most sincere apologies. I am taking steps within my own company to make sure this will never happen again."

Speaking with the Manchester Union-Leader, a spokesperson for PSNH noted that the alleged forgery comes as retail suppliers are seeking greater access to customer usage information.