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Ontario Retailers Say Lack of Final Disclosure Documents Constraining Renewals
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October 25, 2010
Several retail energy suppliers have informed the Ontario
Energy Board that their renewal activities will be constrained by the lack of new
final regulations governing the renewal process.
The problem arises, in part, from the provincial government's (and not the Board's)
finding that new renewal rules, which require new disclosures, shall apply to existing
electric and gas contracts. The rules require the provision of a Board-
However, the documents being developed by the Board to implement the new provincial regulations are not finalized.
"[T]he mere fact that such documents are not finalized, results in significant constraints in market activities," said Active Energy, Direct Energy, Just Energy, and Summitt Energy in a letter to the Board made public Friday.
"The Board has clearly stated that existing contracts due to expire after the Effective ECPA [Energy Consumer Protection Act] date can only be automatically renewed in accordance with the new rules set out in the ECPA and the Final Regulation. However, the Board has not finalized the Disclosure Statements and Price Comparisons required for compliant renewal packages to be sent to customers whose contracts expire post January 1, 2011. As the Board is aware, under both the 'old' and 'new' rules, retailers and marketers must notify customers of their renewal options no earlier than 120 days and no later than 60 days prior to the expiry of the current contract. Because these documents are not finalized, retailers and marketers are unable to compliantly advise customers of their renewal options; significantly constraining market activities and consumers' ability to continue service with their supplier of choice," the suppliers said.
"As such, the Suppliers request that the Board allow retailers and marketers to compliantly advise customers of their renewal options by either:
a. Allowing retailers and marketers to use the proposed disclosure statements and price comparisons found within the latest Notice issued October 15, 2010 for renewal packages. This would also necessitate that the Board immediately provide marketers and retailers with the utility rates and consumption scenarios outlined in the price comparison documents; or
b. Allowing retailers and marketers to send renewal packages which are compliant with current rules in order to meet the 60 day window, followed by a subsequent mailing of the finalized documents within 10 business days of their release; and prior to December 15, 2010.
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