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PSC Orders Utilities To Publicize New Ability For Customers To Add "Do Not Switch (Or Market)" Status To Account

Also Directs Utilities To Propose How To Address New Reporting Requirements On Billed Prices, Comparison To SOS, For Dual Billing & SCB Customers


July 19, 2024

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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The Maryland PSC has ordered the state's electric and natural gas utilities to publicize the new statutory right of customers to request that the customer remain on SOS indefinitely, and to not receive residential marketing contacts from retail suppliers

Under similar provisions for gas and electricity, recent SB 1 provides that customers may inform the utility of the customer's intent to remain on SOS indefinitely and to not receive "directed marketing contacts" from retail suppliers. Both provisions are to be accomplished via a "Do Not Transfer" list maintained by the utility onto which the customer may request to be added

The PSC directed the electric and gas utilities to conduct customer education regarding the Do Not Transfer lists, including posting information "prominently" on their websites for customers explaining the Do Not Transfer lists and how to request placement on the list(s).

"This information shall be posted on the portions of the websites that educate customers about retail choice in their service territory as well as webpages that educate customers about SOS and Default Gas Service," the PSC ordered

SB 1 also requires the utilities, and any "billing entities" which are responsible for issuing a bill to a residential customer (including retail suppliers performing billing), to report, monthly, various information concerning the prices and amounts billed to customers, including the costs the customer would have paid under SOS for that month, and a comparison to the costs under SOS

The PSC ordered, "[e]ach utility offering both electric and gas service" to report on the extent of any dual billing by retail suppliers in their territory covered by SB1's reporting requirements

Furthermore, the PSC directed such utilities to, "provide proposals for how to address reporting for dual billing customers and future supplier consolidated billing customers."

While the ultimate intent of the PSC is not clear, the PSC's letter, as written, did not appear to direct any action at this time by retail suppliers beyond what is required under SB 1. Retail suppliers are required to submit the monthly price information by law, but, for example, the PSC's letter as written apparently does not require suppliers to, at this time, inform the Commission of the processes they will use to comply with the monthly reporting requirements of SB 1 and to sign an affidavit of compliance (a requirement the PSC directed for "[e]ach electric and gas utility with retail supply".)

The PSC's letter did state that the PSC, "directs ... retail suppliers of gas and electric [sic]," to adhere to SB1, and to comply with "the following" by August 15, 2024, but "the following" list of actions provided by the PSC began each provision by explicitly stating each enumerated direction was for "Each gas and electric utility" (or similar utility-only phrasing)

For context, the PSC's full direction is below:

The Commission directs regulated gas and electric utilities, and retail suppliers of gas and electric, to adhere to the above-described requirements as specified in the PUA, and to also comply with the following by August 15, 2024:

(1) Gas and electric utilities are directed to conduct customer education regarding the Do Not Transfer Lists, including posting information prominently on their websites for customers explaining the Do Not Transfer Lists and how to request placement on the list(s). This information shall be posted on the portions of the websites that educate customers about retail choice in their service territory as well as webpages that educate customers about SOS and Default Gas Service. The utilities shall file with the Commission a summary of what they are communicating to customers and how they intend to accomplish this educational requirement.

(2) Each gas and electric utility with retail supply shall submit detailed reports to the Commission describing their processes for compliance with the Do Not Transfer List requirements.

(3) Each electric and gas utility with retail supply shall inform the Commission of the processes they will use to comply with the monthly reporting requirements of SB 1 and sign an affidavit of compliance.

(4) Each utility offering both electric and gas service shall inform the Commission of the extent of any dual billing by retail suppliers covered by SB 1’s reporting requirements, and provide proposals for how to address reporting for dual billing customers and future supplier consolidated billing customers.

(5) Each gas and electric utility with retail supply shall submit all required reporting via PDF documents as well as digital spreadsheets, directly to the Commission, Commission Staff and the Office of People’s Counsel.

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