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Ontario Energy Board Denies Requested Relief Regarding Renewal Transition Period
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October 26, 2010
The Ontario Energy Board denied the relief requested by
several competitive energy suppliers regarding the treatment of renewals during the
period in which the Board has yet to finalize new disclosure statements required
to be provided to customers in order to perform automatic renewals.
Active Energy, Direct Energy, Just Energy, and Summitt Energy had asked the Board to authorize one of the following solutions to provide for a smooth transition for renewals.
i. To allow suppliers to use the proposed disclosure statements and price comparisons found within the Notice of Revised Proposal issued by the Board on October 15, 2010 for renewal packages; or
ii. To allow suppliers to send renewal packages which are compliant with current rules in order to meet the 60 day window prescribed by law, followed by a subsequent mailing of the finalized documents within 10 business days of their release, and prior to December 15, 2010.
"Ontario Regulation 389/10 addresses transitional issues relating to contract renewals, among others, but does not contemplate transitional arrangements of the type that the Suppliers have proposed in their letter to the Board," the Board said in an October 25 reply to the suppliers.
"Any approach to the transition for contract renewals must comply with the legal and regulatory requirements applicable at the time of renewal. The Board does not believe, however, that either of the options set out in the Suppliers' letter satisfy those requirements in all respects. If the Suppliers can propose an approach that does comply with those legal and regulatory requirements, the Board would be prepared to consider it," the Board said.
The Board also offered further guidance:
"The Board notes that retailers and marketers
are at liberty to issue renewal packages that comply with the current rules and,
on that basis, to solicit consumer acceptance of the renewal up to December 31, 2010.
Retailers and marketers may do so for contracts that are scheduled to expire after
that date, so long as the renewal package is provided within the permitted 60-
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