PSC Imposes Moratorium On Retail Supplier, Prohibiting Supplier From Adding Or Soliciting New Customers While PSC Considers Proposed Order

Taking up a proposed order on its own motion, the Maryland PSC issued an order imposing upon SmartEnergy Holdings, LLC a moratorium which prohibits SmartEnergy from adding or soliciting new customers in Maryland, as the PSC also directed further proceedings

SmartEnergy provided the following statement concerning the matter:

We have no comment at this time other than to say that we will, of course, comply with the Commission’s moratorium.

--- Statement from SmartEnergy Holdings, LLC

As first reported by EnergyChoiceMatters.com, the proposed order in an investigation proceeding concerning SmartEnergy Holdings was issued last week. The proposed order would find that SmartEnergy violated various provisions of COMAR and, among other things, would require SmartEnergy to drop its customers to SOS unless SmartEnergy obtains affirmative consent from customers to continue service

Of note, the proposed order also recommended that a moratorium be imposed on SmartEnergy’s adding or soliciting additional customers in Maryland, which was proposed to last at least until SmartEnergy has completed a customer communication and refund process described in the proposed order

As a proposed order, parties may appeal the order to the Commission and file exceptions, at which point the Commission adjudicates the proposed order. Absent any appeal, the proposed order would become a final order of the Commission on January 16, 2021

However, the Commission has now addressed part of the proposed order on its own motion

"Pursuant to PUA § 3-114(c)(2)(ii), the Commission hereby takes up the Proposed Order on its own motion. As recommended in the Proposed Order and, to preserve the status quo while the Commission gives further consideration of this matter, the Commission hereby imposes upon SmartEnergy a moratorium prohibiting the supplier from adding or soliciting new customers. The moratorium shall remain in effect until further order of the Commission," the PSC ordered

"The Commission also directs further proceedings in this matter as follows: Any party seeking exceptions to the Proposed Order shall file exceptions and briefs supporting exceptions on or before January 25, 2021. Reply exceptions (if any) and reply briefs shall be filed on or before February 25, 2021," the PSC ordered

Case 9613