PSC Concerned With Receipt of 83 Complaints About Retail Supplier Since Adopting Feb. Settlement, Seeks Status Update

Update 11:15 am: Starion provided the following statement to Matters:

“Starion and OPC will be filing a joint status report to respond to the DC PSC’s July 10th Order. In that response Starion will notify the PSC that it has not started to market in DC and all the complaints that are referenced in the July 10th Order pertain to customers who were enrolled with Starion prior to the Settlement Agreement. As anticipated, following the PSC approval of the Settlement Agreement in February 2014 between OPC and Starion there have been complaints filed, which have been handled in accordance to the terms of the Agreement.”

The District of Columbia said in an order yesterday that it is "concern[ed]" about the status of Starion Energy PA, Inc.'s current activities in the District, as the PSC has already received in excess of 80 complaints regarding Starion since adopting a settlement in February that implemented a host of remedial measures to prevent such complaints.

The PSC said that it, "has recently been informed that during the five month period between February 6, 2014, the date when this Commission approved the Settlement Agreement [with Starion] and July 9, 2014, the Commission's Office of Consumer Services has received eighty-three (83) consumer complaints concerning Starion."

"This number of complaints is of great concern to the Commission because it [is] approaching 'the 100 [complaints about Starion] in a six (6) month period' threshold that triggers action under the terms of the Settlement Agreement during the one (1) year probationary period established for Starion by the Settlement Agreement," the PSC said. The 100 complaint threshold would trigger the People's Counsel to seek certain remedies at the PSC regarding Starion.

The PSC also noted that the settlement contemplated that Starion and OPC would work collaboratively on new marketing materials prior to Starion's restart of marketing in D.C. The PSC noted no such materials have been filed with the Commission (though it was unclear if filing was necessary, or if materials could just be reviewed by OPC without being docketed for PSC review).

"The lack of a filing of marketing materials with the Commission along with the increase in the number of complaints received by the Commission's Office of Consumer Services suggest that a review of the status of the Settlement Agreement activities is necessary," the PSC said.

"Therefore, we are directing the Settling Parties to submit a Status Report to the Commission within fifteen (15) days of this Order that address the following: (1) whether all of the Starion marketing documents have been completed and reviewed by OPC; (2) if all of the Starion marketing documents have not yet been completed and reviewed by OPC, what is the target for completion and what is the cause of the delay; (3) when will a copy of the completed marketing documents be filed with the Commission; (4) whether Starion's one-year probationary period has already started and if so, on what day did it start; (5) if Starion's one-year probationary period has not already started, what is the anticipated start date; (6) whether Starion is currently marketing District consumers and if so, on what day did marketing start; and (7) how many complaints about Starion have been received by OPC since February 6, 2014."

FC 1105