Retail Suppliers Seek Clarification Of Proposed Language Requiring Suppliers To Provide Photo ID Of "Each" Sales Rep To PSC (Not Just Door-to-Door), Other Vague Proposals

Retail suppliers have sought clarification of certain language in proposed electric supplier licensing regulations in the District of Columbia, including vague language concerning sales agent photo ID requirements

As exclusively reported by EnergyChoiceMatters.com, a revised NOPR issued by the PSC stated, "each sales representatives [sic], and marketing agent or representative conducting door to door solicitations shall be required to present a company photo identification to customers as part of the solicitation process."

We noted that the awkwardly phrased language could be construed as applying to all sales reps, and not those engaged in door-to-door marketing

In comments on the proposed rules, the National Energy Marketers Association expressed a similar concern, and sought clarification of the requirement

"NEM requests further clarification of the wording so that suppliers can ensure that they understand the compliance obligation associated with this provision. First, the construction of the phrase, 'each sales representatives [sic], and marketing agent or representative conducting door to door solicitations,' should be revised to avoid a potentially expansive meaning through the use of the word 'or.' As presently worded, the language could be construed to mean that a photo identification is required not only for door to door sales, but also for sales representatives and marketing agents in other contexts. Rewording the phrase such that it applies to, 'door to door sales representatives and agents,' would avoid that result. Moreover, the purpose of providing photo identification to customers is only relevant in the door to door context, when such identification could, in fact, be physically displayed and presented," NEM said

Suppliers also expressed concern with vague language concerning electronic enrollments, which would require suppliers to, "provide the Commission with the electronic accessibility necessary to monitor the Licensee's compliance," with electronic (online) enrollment rules

"NEM submits that the phrase 'electronic accessibility necessary' is a vague and open-ended term and that the extent of the associated supplier compliance obligation is therefore rendered unclear," NEM said

In separately filed comments, the Retail Energy Supply Association suggested that the proposed electronic accessibility requirement, "should be replaced with a rule requiring Electric Suppliers to provide the Commission with screenshots of their online enrollment web pages upon request," or prior to commencing online enrollments in the District

RESA also opposed the previously reported proposal that would provide that electricity supplier licenses expire five years after issuance, and require renewals at such time.

"The proposed license renewal requirement is duplicative of existing reporting requirements, unduly burdening both the Commission’s staff and Electric Suppliers," RESA said