Direct Energy Seeks Order From Pennsylvania PUC Allowing In-Person Marketing To C&I Customers To Resume

Direct Energy Business, LLC and affiliates filed with the Pennsylvania PUC a Petition for Clarification or Modification of the Commission’s June 4, 2020 Order, which lifted certain restrictions on in-person marketing by retail energy suppliers, to allow Direct Energy to, "conduct in-person sales and marketing activities with commercial, industrial and governmental customers that have reopened their businesses under the Commonwealth’s phased reopening directives, while observing all required safety and social distancing procedures."

As previously reported, in the June 4 order, the PUC allowed suppliers to resume in-person marketing at retail businesses open as a result of the Governor’s directives regarding the yellow and green phases, subject to certain conditions (see details here)

Direct Energy is seeking to resume its in-person sales and marketing activities for commercial, industrial and governmental customers operating businesses that are open as a result of the Governor’s directives regarding the yellow and green phases

Direct Energy said in the petition that, "Given Pennsylvania’s recent and ongoing movement toward reopening businesses consistent with the Governor’s Guidance, no valid justification exists for subjecting energy suppliers to restrictions that are not applicable to other businesses."

Direct Energy said that, "Under the Governor’s Plan to Reopen Pennsylvania, and in the absence of the Commission’s ex parte Emergency Order, Direct Energy would permitted to resume its in-person marketing and sales operations pursuant to the mandated safeguards. With the requested clarification or modification from this Commission, Direct Energy intends to do so, and will abide any directives issued by the Governor and/or the Secretary of Health. However, this is not possible unless and until the Commission clarifies or modifies the June 4 Order or its ex parte Emergency Order."

Direct Energy is seeking to enter businesses for purposes of in-person sales and marketing activities with employees or representatives, such as energy managers, of various types of establishments.

"Just as a competitive energy supplier is now permitted under the June 4 Order to set up an otherwise authorized kiosk within Best Buy, the Commission should clarify that a supplier may meet with the Best Buy manager about energy supply for the commercial store or make an appointment with the energy manager or other appropriate representative of an industrial or governmental business about their energy needs Business that is permissible by the Governor’s directives should not be hindered by the PUC’s March 16, 2020 Emergency Order," Direct Energy said

"In terms of Covid-19 transmission risk, meeting a store manager at a commercial, industrial or governmental establishment to discuss Direct Energy’s products and services is not materially different than a supplier employee engaging in the sale of energy products to retail customers at a kiosk in a particular business. The ability to protect both parties involved by employing appropriate protections is the same," Direct Energy said

"Importantly, the activities that Direct Energy seeks to resume do not fall within the definition of “'door-to-door sales' that appears in the Commission’s regulations," Direct Energy noted

Under such regulations, "door-to-door sales" are defined as a solicitation or sales method whereby an agent proceeds randomly or selectively from, "residence to residence."

"Direct Energy is not seeking to proceed randomly or selectively from residence to residence," Direct Energy said

"By contrast, Direct Energy proposes to visit commercial, industrial and governmental establishments, which have resumed operating their businesses as a result Pennsylvania’s phased reopening process, for purposes of engaging in sales and marketing activities with the businesses themselves," Direct Energy said

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