After State Denies Broad Resumption Of In-Person Marketing, Retail Supplier Modifies Pending Request For Discrete Waiver, Seeks Ruling

With the Illinois Commerce Commission denying a Staff proposal that would have dissolved the ICC's prior prohibition on in-person marketing by retail electric and gas suppliers (as exclusively first reported by EnergyChoiceMatters.com), several Vistra retail energy suppliers (Vistra Retailers) have sought a ruling on their pending petition for more discrete relief with respect to in-person marketing, and have also modified their sought relief

As previously reported, in denying Staff's broad petition to terminate the in-person marketing moratorium, the ICC did not address several petitions from various retail suppliers for discrete waivers of the moratorium for various specific channels, which had been filed with the ICC before Staff's broader proposal was made

As previously reported, the Vistra Retailers were among those who had filed a petition for a resumption of certain in-person marketing activities (see details on the authorizations Vistra had originally sought in its initial petition in our prior story here)

The Vistra Retailers have now modified their sought relief, and asked that the ICC grant the modified petition

Specifically, "In light of the current conditions in Illinois related to COVID-19, the Vistra Retailers no longer request permission to engage in in-person solicitation of residential customers at this time."

Under the modified petition, the Vistra Retailers continue to seek permission to engage in in-person solicitation of non-residential customers in those areas currently in Phase 4 of the Illinois Department of Commerce and Economic Opportunity’s (DCEO) Restore Illinois program

As set forth in their original petition, the Vistra Retailers commit to a number of safety and hygiene steps and standards, including a commitment to automatically comply with all applicable DCEO guidance, and to cease in-person solicitation without Commission action in regions that drop below Phase 4

Docket No. 20-0310, 20-0311