July 15, 2016
Briefly
Sharyland To Hold Meeting With Texas Retail Providers on Operational Issues Related To Introduction of System-Wide Distribution Rates For Service Areas
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Enforcement & Complaints
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July 12, 2016
Texas REP Complies With Settlement, Will Retain Certificate
Staff of the Public Utility Commission of Texas have confirmed that Jade Energy, LLC has complied with the terms of a settlement concerning the company's REP certificate, and that the company will maintain its certificate.
July 8, 2016
Initial Decision Would "Permanently Revoke" Retail Supplier's License; Would Fine Retail Supplier $2.5 Million and Order $2.4 Million in Refunds
An initial decision from two Pennsylvania PUC ALJs in a complaint brought by state consumer agencies against Blue Pilot Energy, LLC would conclude that Blue Pilot Energy, "violated numerous provisions of the Public Utility Code, Chapters 54, 56, and 111 of Title 52, Pa.Code, as well as Pennsylvania…
July 8, 2016
SHOCK: Initial Decision Would Require Signed, Written Contract For Retail Energy Telesales in Pennsylvania
Use of Exception to Wet Signature Requirement Denied
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July 5, 2016
PUC Fines Retail Supplier $2,500, Orders Refund To Customer
The Pennsylvania PUC affirmed without modification an initial decision from a Pennsylvania ALJ, as the PUC imposed a civil penalty in the amount of $2,500 on Blue Pilot Energy, Inc., and also required the company to issue a refund, in granting a customer complaint
July 1, 2016
PUC Tentatively Approves $6.75 Million Settlement With Retail Supplier Concerning Polar Vortex Complaint
The Pennsylvania PUC issued a tentative order proposing to adopt a settlement among IDT Energy and the Pennsylvania Attorney General, the Office of Consumer Advocate (OCA), and the Office of Small Business Advocate, under which IDT Energy would provide certain Pennsylvania customers with an…
June 28, 2016
Retail Supplier Enters $5 Million Settlement With Regulators Over "Competitive Prices" Claim
Palmco Power NJ, LLC and Palmco Energy NJ, LLC have agreed to pay $5.28 million, including up to $4.5 million in consumer restitution, and to significantly revise its business practices, in order to resolve allegations from the New Jersey Attorney General, BPU, and Division of Consumer Affairs that…
June 23, 2016
Texas PUC Executive Director Issues Notice of Violation Against Retail Provider, Staff Seeking $1.75 Million Penalty
The executive director of the Public Utility Commission of Texas issued a Notice of Violation (NOV) to TruSmart Energy, LLC, informing the company that the PUC's Oversight and Enforcement Division (O&E) is recommending the assessment of a $1.75 million administrative penalty against TruSmart Energy…
June 21, 2016
Texas Generator To Pay $35,000 Under Settlement With PUCT Staff
NRG Texas Power LLC would pay $35,000 under a settlement with Staff of the Public Utility Commission of Texas to resolve alleged violations of Section 39.151 of PURA and 16 Tex. Admin. Code § 25.503, related to compliance with ERCOT procedures, due to the alleged failure to install a Power System…
June 14, 2016
Texas PUC Revokes REP's Certificate
The Public Utility Commission of Texas issues a final order revoking the retail electric provider certificate of TruSmart Energy, LLC
June 10, 2016
Texas PUC's Anderson: Compliance With Switch Hold Rules Has To Be 100%
In adopting a settlement between Staff of the Public Utility Commission of Texas and CenterPoint Energy Houston Electric regarding the removal of switch-holds, Texas PUC Commissioner Kenneth Anderson, in a view equally applicable to retail electric providers, said that compliance with the…
June 2, 2016
End User To Pay $5 Million Under FERC Settlement
FERC approved a settlement between its Office of Enforcement (Enforcement) and Lincoln Paper and Tissue, LLC (Lincoln) under which Lincoln has agreed to a civil penalty of $5,000,000 and disgorgement of $379,016.03 to resolve an investigation into whether Lincoln engaged in fraudulent conduct in its…
June 2, 2016
Texas Retail Provider To Pay $100,000 Under Settlement With PUC Staff
Brooklet Energy Distribution, LLC would pay $100,000 under a settlement with Staff of the Public Utility Commission of Texas to resolve allegations that Brooklet violated PURA §§ 17.053 and 39.101(b)(7) and 16 Tex. Admin. Code § 25.485(e)(1)(D) (TAC) related to Response Times for Complaints.
May 31, 2016
FERC Fines Power Trader $26 Million
FERC issued an order assessing a civil penalty of $26 million on Coaltrain Energy, L.P. for what FERC ruled were violations of FERC's anti-manipulation rules resulting from what FERC called Coaltrain’s "fraudulent Up-To Congestion (UTC) transactions in PJM Interconnection."
May 31, 2016
Texas REP To Pay $18,000 To Settle Alleged EFL Violations (Pass-Through of TDU Charges, Minimum Usage Charge)
Hino Electric Power Company would pay $18,000 under a settlement with Staff of the Public Utility Commission of Texas to resolve allegations that Hino violated PURA §§ 39.101(a)(6) and 39.101(b)(6)-(7); 16 Tex. Admin. Code §§ 25.475(g)(2)(A) (TAC), related to Electricity Facts Label (EFL); 25.478(j)…
May 20, 2016
PUC Adopts $72,000 Settlement With Retail Supplier
The Pennsylvania PUC issued an order adopting a previously reported settlement between Public Power LLC and the PUC's Bureau of Investigation and Enforcement under which Public Power will pay a civil penalty of $72,500 and issue certain customer refunds to resolve the charging of an incorrect rate…
May 19, 2016
Regulator Issues $300,000 Notice of Violation To Supplier Regarding Prior Savings Guarantee in Contracts
The Connecticut PURA issued a Notice of Violation and Assessment of Civil Penalty to Choice Energy, LLC in the amount of $300,000 related to guaranteed savings provisions previously in Choice Energy, LLC's contracts
May 16, 2016
Proposed Order Would Fine Retail Supplier $140,000, Suspend License
A proposed order from a Maryland Public Utility Law Judge would impose a $140,000 civil penalty on Blue Pilot Energy, LLC, and suspend the supplier's license for what the PULJ would find are violations of Maryland marketing and solicitation regulations.
May 16, 2016
ALJ: Retail Supplier Not Reducing Variable Rates As Wholesale Rates Decline A Violation of Marketing Rules
In a proposed order concerning an investigation of Blue Pilot Energy, LLC (click here for related story today) , a Maryland Public Utility Law Judge made a conclusion with broader market implications, concerning how retail suppliers charging variable rates set and market their rates.
May 11, 2016
NEM: Case Law Does Not Support NY PSC's Attempt To Regulate ESCO Prices Through Reset Order
New York's Public Service Law (PSL) does not confer to the PSC ratemaking authority over ESCOs, and the PSC has not cited any case law supporting its reset order which the PSC has attempted to justify in part based upon its PSL obligation to ensure just and reasonable rates, the National Energy…
May 11, 2016
CFTC Moves To Allow Private Lawsuits Concerning ERCOT, RTO Market Outcomes; CFTC's Sought Outcome Has Been Blasted As Allowing "Collateral Attack" on PUCT Authorized Market Rules
In yet another example of federal overreach, the U.S. Commodity Futures Trading Commission (CFTC) issued a proposed amendment to a final order the CFTC issued on March 28, 2013 that exempted certain specified transactions of six Regional Transmission Organizations and Independent System Operators…
May 6, 2016
Texas PUC Staff Seek Default Order Revoking Texas REP's Certificate
Staff of the Public Utility Commission of Texas have filed a motion for issuance of a default order which would revoke the REP certificate of TruSmart Energy, LLC, after the company did not respond to prior Staff petition for the revocation of the license
April 28, 2016
CenterPoint-TDU To Pay $60,000 Under Settlement To Resolve Alleged Violations Concerning Switch-hold Removals
CenterPoint Energy Houston Electric, LLC would pay $60,000 under a settlement with Staff of the Public Utility Commission of Texas to resolve an investigation of the TDU for alleged violations of 16 TAC § 25.480(m)(2), related to placement and removal of switch-holds.
April 27, 2016
Retail Supplier Would Refund $4 Million Under Settlement with AG, PUC Staff
Respond Power LLC would issue $4.1 million in customer refunds under a global settlement with the Pennsylvania Office of Consumer Advocate, Attorney General, and the Pennsylvania PUC's Bureau of Investigation and Enforcement concerning a complaint filed by the OCA and AG regarding Respond Power's…
April 27, 2016
New York Issues Show Cause Order to ESCO
The New York PSC issued a show cause order to Global Energy Group, LLC d/b/a Jean Energy Group, LLC in which the PSC directed the company to show cause why its eligibility to act as an ESCO in New York State should not be revoked, or, alternatively, why other consequences as set forth in the…