Retail Suppliers Given Six Days to Provide Disclosure Statements to PUC as Part of Investigation

The Pennsylvania PUC has directed retail electric suppliers to provide, within six business days, copies of disclosure statements of variable price products offered to residential and small business customers for the period December 1, 2013 to February 20, 2014.

The PUC announced the directive in its Thursday order opening a review of variable rate products, but the directive was formalized in a Friday Secretarial letter.

The PUC "request[ed]" that the disclosure statements be sent to the PUC by the close of business on Monday, March 3, 2014. That's six business days from the time of the February 21 Secretarial letter.

Specifically, "[t]he Pennsylvania Public Utility Commission's (PUC) Office of Competitive Market Oversight (OCMO) requests that all Electric Generation Suppliers (EGS) that provided variable- priced service to residential and small business customers in Pennsylvania during the time period starting December 1, 2013 and ending February 20, 2014 send copies of the relevant disclosure statements to the OCMO email inbox. This refers to the disclosure statements that are provided to your residential/small business customers pursuant to 52 Pa Code § 54.5."

Regarding "relevant" disclosure statements, we take this to include fixed price disclosure statements, perhaps dating back to even before the service period at issue (December 1, 2013 to February 2014) which covered customers who were moved to a monthly variable product if the customer did not take action at the end of the fixed term, and who were served on such variable rollover rate at any point from December 1, 2013 to February 2014. These disclosure statements could conceivably be more than 12 or 24 months old.

Docket No. M-2014-2406134