Regulator's Staff "Surprise[d]" That Retail Suppliers Oppose Vaccination Requirement For Resumption Of Door-to-Door Sales

In reply comments, Staff of the Illinois Commerce Commission said that Staff was "surprise[d]" that retail energy suppliers are opposing a vaccination requirement for sales agents as part of the complete end to current moratorium on in-person sales

As exclusively first reported by EnergyChoiceMatters.com, Staff has sought an interim order permitting in-person solicitation by retail energy suppliers in Illinois upon the commencement of Phase 5 of the state's Restore Illinois re-opening process, subject to various conditions, including the following:

(a) All ARES/AGS employees, sales agents or representatives engaged in in-person solicitation must be fully vaccinated against the COVID-19 virus, with ARES solely responsible for obtaining and retaining proof of vaccination for each such employee, sales agent or representative;

(b) All ARES/AGS employees, sales agents or representatives engaged in in-person solicitation must wear face coverings throughout all solicitations, as well as observe all state or local requirements now or subsequently in effect governing such solicitations;

As previously reported, retail suppliers have opposed both conditions as beyond what is required under the state's re-opening for other in-person businesses and marketing, while also raising other concerns, such as HIPAA compliance issues

In reply comments, Staff said, "To Staff’s surprise, both Energy Harbor and Reliant / Green Mountain object to the requirement that ARES agents or representatives be vaccinated against the COVID19 virus before conducting in-person solicitations, and wear masks during such solicitations. See Energy Harbor Response, 2-4; Reliant / Green Mountain Response, 3- 5. Both entities appear to see absolutely nothing wrong with sending unvaccinated and / or unmasked representatives door-to-door."

Noting that suppliers have cited that there is no vaccination requirement for other in-person trades, such as plumbers, electricians, cable television or other telecommunications installers, Staff replied that such persons, "are both invited and necessary, emphatically unlike ARES salespeople."

"In response, Staff notes that Energy Harbor, Reliant and Green Mountain appear to be perfectly willing to allow unvaccinated salespeople to go door-to-door on their behalf. Staff, however, is not prepared to allow this to happen, especially where -- as here -- ARES yet again appear prepared to disclaim all activities of their salespeople except for successful solicitations. If that is the case, Staff is prepared to withdraw its Motion," Staff said

Staff asked that its original motion and all conditions be granted

Docket No. 20-0310 et al.