PUC Attorney Examiner Rules Retail Supplier's New Enrollment Process Not Entitled To Confidential Status, Directs Release

In addressing a petition from Reliant Energy Northeast, LLC and Green Mountain Energy Company (collectively, NRG) for a waiver of the Public Utilities Commission of Ohio's order suspending in-person marketing, in order to allow NRG to resume in-store marketing with a new contactless enrollment process, a PUCO attorney examiner has denied confidential treatment for details of the specific enrollment process proposed by NRG

The NRG suppliers' petition for a waiver to allow the resumption of in-store marketing with the new contactless process had been first reported by EnergyChoiceMatters.com (see story here)

The attorney examiner noted that, "NRG filed a joint motion for protective order to keep its enrollment process information, contained in its joint application for waiver, confidential and not part of the public record. NRG explains that its new contactless enrollment process described in the joint application is confidential and proprietary and disclosure would give competitors a thorough understanding of NRG’s marketing strategy, thereby hindering its ability to compete. Further, NRG states that public disclosure of this strategy is not necessary to assist the Commission in carrying out its duties."

The attorney examiner said that, "The attorney examiner has reviewed the enrollment process information subject to NRG’s motion for protective order and finds that it does not meet the requirements of R.C. 1333.61(D) and the six-factor test set forth by the Supreme Court of Ohio."

"The information filed under seal by NRG is a step-by-step description of its contactless enrollment process. Because the enrollment process will be utilized when conducting in-store marketing of competitive retail energy services to customers, this information will be generally known to the public. As such, NRG’s enrollment process does not constitute a trade secret and NRG’s motion for a protective order should be denied," the attorney examiner ruled

The Commission’s docketing division was directed to release into the public record, no sooner than May 29, 2020, the information that was filed by NRG under seal

Case 20-1008-GE-WVR