Broker Asks PUC To Rescind Contracts Between Retail Suppliers, Customers Which Were Arranged By Competitor Alleged To Be In Violation Of Licensing Requirement

H.P. Technologies, Inc. has filed an amended complaint at the Public Utilities Commission of Ohio against Ryan E. Boucher, RES Consulting, LLC, and Fidelis United Energy Solutions, Inc. (Respondents) to amend its requested relief to include the rescission of any energy supply contracts entered into by the Respondents.

As previously reported, H.P. alleged that, "RES provided CRES [electric] and CRNGS [natural gas] aggregation and/or broker services in Ohio from a period beginning on or before July 2018 through at least May 2019, without obtaining certificates from the Commission." With respect to Fidelis, H.P. alleged that, "Fidelis’ COO (and only acknowledged employee, Respondent Boucher) has engaged in conduct that makes Fidelis unfit to provide CRES or CRNGS [service]."

Among other defenses, the Respondents said that Boucher was under contract with or acting on behalf of one or more entities with active Commission certificates to provide competitive natural gas and electric services. Additionally, the Respondents said that the activities alleged in the complaint do not require a broker license, based on PUCO precedent (PUCO's prior finding that operating as a 'consultant' on natural gas or electric supply issues does not require a certificate unless an entity’s conduct actually rises to the level of 'engaging in the ultimate decision making process and entering into contractual obligations on behalf of . . . clients with respect to the provision of a competitive service')

See our prior story for a full background on the complaint

In a newly amended complaint, H.P. Technologies now seeks as part of its requested relief a PUCO order to, "rescind all contracts Respondents entered into with customers, including contracts entered into with customers with whom Complainant had entered into contracts for aggregation or brokerage services, or arranged for those services, and return those customers to their prior natural gas or electric supplier contracts."

H.P. Technologies is also now asking that the Commission order restitution and/or damages for all customers who may have been harmed by Respondents’ conduct.

Case No. 19-2050-GE-CSS