Illinois Staff Moves To End ICC's Moratorium On Door-to-Door, In-Person Retail Energy Marketing, Subject To Conditions

September 30, 2020

Email This Story
Copyright 2010-20 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

The following story is brought free of charge to readers by EC Infosystems, the exclusive EDI provider of EnergyChoiceMatters.com

Staff of the Illinois Commerce Commission filed motions seeking an order conditionally dissolving the Commission’s March 18, 2020 Emergency Order prohibiting alternative retail electric suppliers (ARES) and alternative gas suppliers from conducting in-person solicitations, within the meaning of Section 412.10 for ARESs, for the duration of the COVID-19 public health emergency

The electric and gas in-person moratorium orders are addressed under two separate dockets. Staff is seeking orders conditionally dissolving the in-person marketing moratorium for both electricity and gas. Staff's motion in the electric docket is quoted below, but substantially similar language was used in Staff's motion in the gas docket

Staff noted that Governor JB Pritzker previously issued a five-Phase 'Restore Illinois' plan to first reduce the spread of COVID-19, and that the state is currently in Phase 4

Staff noted that, in Phase 4, meetings may be conducted, subject to certain guidelines published by the Illinois Department of Commerce and Economic Opportunity (DCEO)

Staff said that, "On or about September 16, 2020, Staff became aware that DCEO had begun to interpret its own guidelines to allow in-person solicitations provided that solicitors wear masks and proper social distancing is maintained, although DCEO had not published such guidance."

Correspondence for a DCEO official included in Staff's motion states that, "door-to-door sales/solicitation is permissible so long as the salespeople wear masks and maintain social distancing."

"Since DCEO has determined that in-person solicitation is not inconsistent with Phase 4 reopening, the Commission should reconsider its March 18 Emergency Order and conditionally dissolve it. More specifically, the Commission should determine that ARES may resume in-person marketing subject to certain conditions, set forth below," ICC Staff said

"First, DCEO makes clear that persons engaged in in-person solicitations should wear masks and practice proper social distancing. The Commission’s order of conditional dissolution should require that ARES comply with this mandate, as well as with any others DCEO has promulgated. ARES have the duty of determining what specific requirements DCEO mandates," Staff said

"Second, Phase 4 guidelines for meetings appear to Staff to require close monitoring by employers of the health status, and social distancing and sanitizing / disinfecting practices of employees engaged in public-facing activities. Accordingly, if any ARES intends to resume in-person solicitations, it should be expected and prepared to exercise careful, responsible and active oversight of employees and agents regarding compliance with all applicable federal, state and local requirements and guidelines governing the health status, and social distancing and sanitizing / disinfecting practices. As Staff has previously noted ARES in general have a practice of distancing themselves from the activities of agents acting on their behalf by attributing agents’ unlawful, unfair, deceptive or otherwise improper conduct to lax oversight by third party vendors is simply unacceptable under the current public health conditions. If ARES elect to conduct in-person solicitations in Illinois during Phase 4, they -- the ARES -- are entirely responsible for ensuring their agents’ compliance with public health requirements and guidelines. The Commission’s Order should make this clear and should also make clear that any failure of oversight or compliance by any ARES that comes to the Commission’s attention will cause the Commission to revisit any Order it issues dissolving the Emergency Order," Staff said

"Third, the Commission should make clear that the Emergency Order is dissolved only with respect to those areas of the State that remain in Phase 4 status. Should the State as a whole or any area revert to Phase 3 or lower, or should any municipality determine that Phase 4 or similar retail or in person solicitation guidelines cannot be maintained consistent with public safety, ARES should immediately cease in-person solicitations in any such area or municipality in which a reversion to Phase 3 takes place, or in which local authorities determine that Phase 4 or similar retail or in person solicitation guidelines cannot be maintained consistent with public safety," Staff said

"Fourth, units of local government have in some cases promulgated their own requirements and guidelines, again reflecting the expertise of public health experts. In-person solicitation in Illinois must comply with all state and local requirements and guidelines, which may prohibit it altogether. In conditionally dissolving the Emergency Order, the Commission should make clear that its Order does not purport to preempt local requirements and guidelines, and in-person solicitation is permissible only where and to the extent permitted by local government," Staff said

"Finally, as the Commission recognizes, during Phase 4, and during the public health emergency generally, many Illinoisans’ lives and routines have been significantly disrupted, and many Illinoisans are experiencing economic hardship or uncertainty. The Commission should make clear that it will consider attempts by ARES to take advantage of Illinoisan’ economic or social unease through the use of unfair, deceptive or prohibited marketing practices during Phase4 to merit stringent sanctions," Staff said

Docket No. 20-0310, 20-0311

ADVERTISEMENT
NEW Jobs on RetailEnergyJobs.com:
• NEW! -- Energy Pricing Analyst -- Houston
• NEW! -- Retail Energy Account Executive -- Houston
• NEW! -- Sr. Sales Executive -- Retail Supplier
• Energy Systems Analyst -- Retail Supplier
• Billing Specialist -- Retail Supplier  -- Texas