September 15, 2023
PUC Staff Give Cold Shoulder To Retail Suppliers' Request To Allow Adjustment of Fixed Rates Due To Unknown PJM Capacity Costs
Staff a the Public Utilities Commission have not endorsed…
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September 8, 2023
Hearing Set For Pennsylvania Bill That Would Require $1 Million Security From Some Retail Suppliers
A hearing has been set by the Pennsylvania House of Representatives for
August 30, 2023
New York PSC Sets Process For Consideration Of Rehearing Requests Of Broker Registration & Regulation Order
The Secretary of the New York PSC has issued a process for consideration of requests for rehearing of the New York PSC's June 2023 order on energy broker registration and regulation
August 29, 2023
New York ESCO Says Broker Fees "Often Higher Than Hypothetical Margin" Of ESCO, Up to 5x Higher
In recent comments to the New York PSC, EnergyMark, LLC stated, "EnergyMark and other ESCO’s have noted Energy Broker and Consultant fees that are often higher than the hypothetical margin (before associated physical and financial risks) of the ESCO on a given opportunity -- sometimes 3-5 times…
August 18, 2023
New York PSC Issues Show Cause Order To ESCO, Alleging Provision Of Non-Compliant Products To Mass Market Customers
The New York PSC directed Atlantic Energy LLC to show cause why its eligibility to act as an Energy Services Company (ESCO) in New York State should not be revoked or, alternatively, why other consequences as set forth in the Commissions UBP should not be imposed, for the alleged provision of…
August 14, 2023
AARP New York Asks New York PSC To "Look Into" Use Of RECs by ESCOs To Back Renewable Energy Marketing Claims; Seeks Prohibition On "Misleading" Representations
In comments on a proposed New York PSC rule to prohibit harassment or other detrimental conduct by ESCOs and other entities in connection with, among other interactions, the establishment of gas and/or electric service, AARP New York asked the PSC to "look into" the marketing of renewable energy…
August 9, 2023
Proposed New York Rule Would Prohibit "Harassment", Other "Detrimental" Conduct By Retail Suppliers In Connection With "Establishment Of Service"
The New York PSC has proposed rules to implement Public Service Law (PSL) §53-a, prohibition of utilities engaging in detrimental conduct towards a residential customer, with the PSC's proposed rules including language expanding the prohibited conduct to apply to, "the establishment of gas and/or…
August 9, 2023
Industry "Still Left Guessing" After New York DPS Technical Conference On Broker Regulation Order, Retail Suppliers Say In Renewed Extension Request
The NRG Energy retail suppliers filed a letter with the New York PSC on August 9 in further support of NRG's previously reported request for an extension of the deadlines under Ordering Clauses 5, 6, and 8 of the PSC's June broker regulation order, as the NRG suppliers said that, "industry…
August 8, 2023
Few Answers At New York Broker Technical Conference
The technical conference held today by the New York Department of Public Service regarding implementation of the PSC's recent order on the regulation of energy brokers and consultants produced few answers or clarifications for stakeholders
August 3, 2023
Retail Suppliers Concerned New York PSC's Broker Rules Could Expose Them To Liability For Violations Of New York Labor Law Concerning Timely Commission Payments
The New York Retail Choice Coalition (NYRCC) sought an extension of various deadlines under the New York PSC's recent broker/consultant regulation order, raising, among other issues, concern about the interplay between the PSC's broker order and other New York laws
August 3, 2023
Retail Supplier Enters $220,000 Settlement With PUC Staff, Will Return Subset Of Customers To Default Service
XOOM Energy Ohio, LLC (XOOM) has agreed to a forfeiture of $120,000 and would return certain subsets of customers to default service under a stipulation with Staff of the Public Utilities Commission of Ohio to resolve alleged violations raised in prior Staff reports, including alleged slamming
July 28, 2023
Retail Suppliers: "Impossible" To Comply With New York Broker Order By Deadlines
The NRG Energy retail suppliers have filed a new request with the New York PSC in which the NRG retail companies now seek an "extension" of certain deadlines under the New York PSC's recent broker-consultant regulation order
July 24, 2023
Retail Suppliers Seek Stay Of New York Broker Regulation Order
NRG Energy, Inc., and the NRG Retail Companies sought a stay and reconsideration of the New York PSC's June 23 order implementing the energy broker and consultant regulation statute (PSL §66-t)
July 17, 2023
New Report On Benefits Of Retail Choice Says Consumer Protections Undertaken To Date Should Be A, "Starting Point"; Favors "Aggressive" Steps For Consumer Protection
REAL Says Report "Finds Retail Energy Key To An Affordable Clean Energy Transition"
The Retail Energy Advancement League (REAL) publicized a new report, prepared by a consulting firm and authored by Paul Hibbard, former chairman of the Massachusetts Department of Public Utilities, which finds that, among other things, "harnessing the productive innovation and creativity of retail…
July 6, 2023
Draft Would Grant Aggregator Licenses To 15 Companies, Subject To Same Newly Adopted Disclosure Requirements
The Connecticut PURA issued a proposed decision which would grant electric aggregator certificates to 15 companies: New England Preferred Energy LLC; Energy Analysis Group LLC; AEC Energy LLC; Summit Energy Services, Inc.; Evolution Energy Partners LLC; Cost Control Associates, Inc.; Taurus Advisory…
June 28, 2023
Changes Made In Final Order On New Disclosures, Customer Signatures Required For Entities Representing Customers In Securing A Retail Supplier Contract
The Connecticut PURA formally issued a final decision which, in addition to granting aggregator certificates to several entities in an omnibus fashion, also creates new marketing and disclosure rules for those specific aggregators, including a requirement to obtain a customer's signature on two…
June 23, 2023
With Limited Exemptions, New York PSC Adopts Broad Definition Of Broker & Consultant In Written Order; ESCOs May Be Required To Register As Brokers/Consultants
"Referral Fees" Prohibited PSC Sets Acceptable Financial Security Instrument
The New York PSC has issued a written order concerning the registration of retail energy brokers and consultants, the required disclosure of compensation, and financial requirements
June 22, 2023
New York Adopts New Broker Registration, Compensation Disclosure, Surety Requirements; Sets Compliance Deadline
Order Described As "Clawing-Back" From Staff Proposal
The New York State Public Service Commission today approved an order to implement New York's recently passed law which imposes new regulations on brokers and consultants, including a registration requirement, financial surety requirements, and requirements concerning compensation disclosure
June 21, 2023
"Aggregator" Notes Proposed Requirement For Aggregators To Always Solicit Rates From Multiple Suppliers May Run Contrary To Customer Wishes
Sprague Energy Solutions Inc. filed exceptions to a proposed omnibus decision from the Connecticut PURA which, as previously reported, would grant aggregator certificates to 22 entities, but in doing so would also impose various new disclosure and other obligations on the specific aggregator…
June 15, 2023
Pa. PUC Rejects $92,000 Settlement With Retail Supplier As Insufficient
The Pennsylvania PUC rejected a proposed settlement between Great American Power, LLC ('GAP' or 'Company') and the PUC's Bureau of Investigation and Enforcement ('I&E') under which GAP agreed to pay $92,500, and agreed to a one-year moratorium of telemarketing through third-party vendors, to resolve…
June 14, 2023
Update: Regulator Issues Proposed Decision Requiring New Disclosures, Customer Signatures, For An Entity Representing Customers In Securing A Retail Supplier Contract
The Connecticut PURA formally issue a proposed decision which, in addition to granting aggregator certificates to several entities in an omnibus fashion, would also create new marketing and disclosure rules for those specific aggregators, including a requirement to obtain a customer's signature on…
June 13, 2023
For 25 Years, The Term "Aggregator" Meant Pooling Customers. A Footnote In a Motion Ruling Changed That
The Connecticut PURA's March 30 motion ruling concerning what entities are considered electric aggregators is contrary to 25 years of precedent and prior explicit pronouncements, which PURA did not acknowledge in such ruling.
June 12, 2023
Draft Order Would Require (Broadly Defined) Aggregators To Obtain Customer "Signature" Before Obtaining Pricing
Draft Would Mandate Aggregators Obtain Pricing From Multiple Suppliers; Any Entity Presenting Pricing From Only 1 Supplier Is An Agent
June 2, 2023
Update: PUC Staff Alleged Violations Based On Supplier's Language Including, "Nothing Will Change", Statement About Protection When Supplier Rate Exceeds PTC; "Market Rate"
A January 12, 2023 Amended Notice of Probable Non-Compliance ("notice") provided by Staff of the PUC of Ohio to SmartEnergy Holdings, LLC has been made public, providing further information regarding what behavior Staff had alleged was in non-compliance with the marketing rules
June 1, 2023
PSC Provides Guidance That Municipal Aggregation (& CCA Supplier) Won't Be Subject To Low-Income Customer Rate Cap Applicable To Retail Suppliers
"Not Fair," PSC Chair Says PSC Discusses Advertising Limits, Offers Guidance On Opt-outs
During a Maryland PSC rulemaking session concerning creating rules for the community choice aggregation (CCA) pilot, the PSC provided guidance to a workgroup on several key disputed issues, after it became clear there were still too many remaining disputes to go through the regulations for final…