PUC Staff Comments On Retail Suppliers' Request To Lift Prohibition On In-Person Marketing

Staff of the Public Utilities Commission of Ohio have filed comments concerning a petition from several retail energy suppliers and brokers, who have asked that PUCO modify its prior order suspending in-person sales, and who have sought authorization for door-to-door marketing with social distancing, along with other in-person marketing mechanisms

The petition from retail suppliers and brokers to resume in-person marketing had been first reported by EnergyChoiceMatters.com (see details of the request here)

In comments on the petition, Staff said, "Staff believes that, if the Commission decides to allow Suppliers to resume in-person forms for marketing in and solicitation, it requires Supplier to comply with all applicable guidelines issued by the Ohio Department of Health and the Governor’s Office, including the Ohio Director of Public Health’s April 30, 2020 Stay Safe Ohio Order, as amended by a subsequent order on May 20, 2020 (Stay Safe Order), and the Governor’s Responsible RestartOhio protocols. Further, Staff recommends that Suppliers be required to comply with all Commission rules and orders regarding marketing, solicitating [sic], and enrolling customers, including the requirements contained in Ohio Adm.Code Chapters 4901:1-21 and 4901:1-29."

"Finally, in order to ensure compliance with the Stay Safe Order and Commission Orders, the CRES/CRNG providers should monitor its in-person employee/agents to ensure that all State protocols and Commission orders are met," Staff said

"The CRES/CRNG’s compliance plan should be provided to staff upon request. If the Joint Applicants are unable to comply with the Stay Safe Order and the Responsible RestartOhio protocols while continuing to abide by the Commission’s rules, then Staff believes any waiver of the Commission’s rules should be handled in separate proceedings," Staff said

"Each Supplier may have its own plans for resuming in-person operations in Ohio; therefore, any requests to waive specific Commission rules should be handled on a case by case basis," Staff said

Case No. 20-1040-GE-UNC