NY PSC Issues Order To Show Cause To Another ESCO Over Alleged Slamming, Deceptive Marketing

During yesterday's meeting, the New York PSC voted to issue an order to show cause to Smart One Energy, LLC, as PSC Staff alleged various violations of the Uniform Business Practices

Specifically, Staff alleged, based on customer complaints, that Smart One Energy has engaged in slamming, failure to comply with TPV requirements, and misleading or deceptive marketing tactics, including allegations that Smart One Energy agents represented themselves as from the distribution utility

Staff reported that the PSC received 22 complaints concerning Smart One Energy from October 2015 to February 2016. Staff stressed that the number of complaints alone do not drive enforcement actions against ESCOs, but that the nature of complaints is also taken into consideration.

Commissioner Diane Burman said that in all of the complaints, customers reached an agreement with Smart One Energy to resolve the complaints to the customer's satisfaction (through refunds or other actions).

Staff noted that just because the complaints were resolved to customers' satisfaction does not necessarily mean UBP violations did not occur.

The orders to show cause directs Smart One Energy to explain why it should not be prevented from enrolling new customers and why it should not have its certification to operate as an ESCO revoked.

A written order has not yet been issued