Another State Proposes Double Verification for Retail Energy Sales (LOA, TPV)

A proposed first notice order from two Illinois ALJs in a broad rulemaking concerning retail electric supplier marketing and disclosure rules would require that retail electric suppliers obtain both a letter of agency (LOA) and third party verification for any "in-person" solicitation of a residential or small commercial (under 15,000 kWh annual usage) customer

"In-person solicitations that lead to an enrollment require a Letter of Agency and a third-party verification," the proposed rules state under the draft first notice order

"In-person solicitation" is broadly defined as meaning, "any sale initiated or conducted where the RES [retail electric supplier] agent is physically present with the customer."

Accordingly, the ICC's draft first notice order makes clear that the double verification requirement applies to in-person marketing avenues such as mall kiosks and public event booths, in addition to door-to-door sales

Given the applicability of the double verification requirement to such public marketing venues, the draft first notice rules drop an earlier proposal that the TPV for an in-person sale must be conducted at a time when the sales agent is "physically separate" from a customer, since such physical separation is not possible at public venues. Instead, the draft first notice rules would require that the sales agent, "must be in a location where he or she cannot hear the customer while the TPV is conducted."

Docket 15-0512