PUCO Denies Protests in Licensing Docket of IGS Energy's Use of Columbia Retail Energy Name

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November 11, 2010

The Public Utilities Commission of Ohio has denied interventions and related protests, raised by several parties including the Ohio Consumers' Counsel and several retail gas suppliers, in the context of Interstate Gas Supply's licensing docket, regarding IGS Energy's use of the trade name Columbia Retail Energy (10/25).  

PUCO's order does not impact a separate complaint proceeding brought by OCC and others against IGS Energy on the same issue.

The Commission noted that Rule 4901:1-27-10, O.A.C., governing certification proceedings, provides that the Commission may suspend, rescind, or conditionally rescind a retail natural gas supplier's certificate if it determines that a material change (such as a new name) will adversely affect the retail natural gas supplier's fitness or ability to provide the services for which it is certified; or to provide reasonable financial assurances sufficient to protect natural gas companies and regulated sales service customers from default.

"In the docket before us, no movant has raised any credible point regarding IGS's fitness or ability to provide the services for which it is certified or IGS's financial fitness.  Instead, assertions raised in this docket have ranged from concerns regarding customer confusion, to whether IGS is gaining an improper competitive advantage," PUCO said in denying the interventions, petitions for hearings or rulemakings on the trade name issue, and related discovery requests.

PUCO said that movants' concerns are more appropriately addressed in the context of the complaint case filed by several of the movants against IGS Energy in Case No. 10-2395-GA-CSS.  

"In addition, the Commission notes that, although many of the CRNG movants in this case indicate that they believe IGS is receiving a competitive advantage, none of the CRNG movants indicate that they sought a similar licensing agreement from Columbia and were denied," PUCO said.

PUCO noted that IGS has worked with Staff to develop several disclosures related to its use of the Columbia Retail Energy trade name, and that IGS has committed to using those disclosures.

"The Commission finds that it is appropriate for IGS to use disclosures and directs IGS to continue to work with staff to insure proper disclosures are used."

   
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