Regulator Adopts Assurance of Voluntary Compliance with Retail Supplier Over Contract Audit

The Ontario Energy Board has accepted an Assurance of Voluntary Compliance filed by Just Energy Ontario L.P. concerning the result of a Board Staff review of customer contracts.

The Staff review alleged:

• In 13 of 60 contracts tested, Just Energy billed a group of consumers an Enrollment/De-enrollment fee of $1 .50 despite this fee not being listed in Just Energy's contract terms and conditions and price comparison templates.

• In 60 contracts tested, Just Energy did not disclose each element of the contract price separately on the price comparison template for the month of June 2012. Specifically, a regulatory fee of $0.20 per month was charged to consumers without being disclosed on the price comparison form provided to consumers. The fee is attributable to costs incurred under the OEB's cost assessment model.

• In 1 of 60 contracts tested, Just Energy did not disclose each element of the contract price separately on the price comparison template provided to the consumer. Specifically a one-time enrollment/de-enrollment fee of $1.50 was not disclosed.

• In 1 of 60 contracts tested, the contract price billed by Just Energy was incorrect due to a system error. Specifically, a price adjustment was incorrectly applied to the billed amount calculated by Just Energy.

With respect to Just Energy's failure to provide the correct billed amount and include an enrollment/de-enrollment fee of $1.50 in contracts and price comparison forms, Just Energy informed Board Staff that in January 2013, a system error was fixed by updating the system to include reversing adjustment functionality for the enrollment/de-enrollment fee for products that do not include this fee in its contract terms and conditions. Just Energy confirms that as of September 23, 2013, credits were made to all consumer accounts impacted including 8,099 variable contract customers with a total credit of $12,148.50 and 484 fixed price contract customers with a total credit of $726.

With respect to Just Energy's failure to disclose on the price comparison the regulatory fee of $0.20 per month for the month of June 2012, Just Energy indicated to Board Staff that on July 1, 2012, the price comparison form was corrected to include the $0.20 fee. Just Energy confirms that on September 20, 2013, an accumulative credit amount of $1,183.40 was made to 5,917 affected consumer accounts.

With respect to Just Energy's failure to disclose the $1.50 enrollment/de-enrollment fee in its price comparisons provided to consumers, Just Energy confirmed to Board Staff that a credit of $1.50 was issued to 3 consumers impacted.

With respect to Just Energy's billing error, Just Energy indicated to Board Staff the system error was corrected in March 2013. Just Energy confirms that this system error was corrected and the system is now able to identify changes to customer product offerings when customers switch from variable price contracts. Just Energy informed Board Staff that 112 customers were impacted during this period and confirms that charges totaling $8.87 were reversed for all of the impacted consumers.

Just Energy and Board Staff are satisfied that the matter is appropriately resolved by the filing of the Assurance of Voluntary Compliance, and the Board accepted the agreement

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