PUC Commish: Concerns Regarding PECO CAP Shopping Program Not "Speculative" Given "Recent Volatility"

Concerns that PECO Customer Assistance Program customers will suffer "irreparable harm" under the program adopted by the PUC to allow these customers to shop for their electric supplier are not "speculative," given, "the recent volatility we have seen in the energy markets," Pennsylvania Public Utility Commissioner Gladys Brown said in a partial dissent yesterday.

As previously reported, in granting PECO CAP customers the ability to shop, the PUC did not impose any rate limit on competitive retail prices. PECO had proposed limiting EGS CAP pricing to prices not exceeding the Price to Compare.

PECO and consumer advocates have separately filed motions for reconsideration of the PUC's order, and had been seeking a stay of the order pending reconsideration.

The PUC denied the requested stay yesterday, but did not substantively rule on the reconsideration requests, as the PUC will take more time to consider the requests.

Regarding the requested stay, the PUC said that, "PECO has failed to show that the public interest will not be harmed if a stay is granted. PECO's argument is, again, entirely speculative. In contrast, the benefits to the CAP customers and Pennsylvania's retail electric market from implementing the January 2014 Order are concrete. To the extent those benefits are delayed, the public interest is adversely affected."

Brown dissented from the PUC's order in part, finding that concerns about irreparable harm under the PUC's order are not speculative, given current retail market pricing.

"As I stated before, I believe that the price ceiling on electric generation supplier offers proposed by PECO justly maintains affordability for CAP participants," Brown said.

"With regard to the Application for Stay currently before us, I believe that the Joint Petitioners have met the standard set forth in our caselaw for granting a petition for stay. I am persuaded by the Joint Petitioners' argument that if PECO's CAP shopping plan is implemented in its current form, low income customers will be subject to the unpredictability of the market which, due to inelastic household budgets, would result in irreparable harm. This is not a speculative allegation given the recent volatility we have seen in the energy markets. Because I believe that the Application for Stay should be granted, I will register a partial dissent in this matter," Brown said.