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Muni Aggregation-Focused Retail Supplier Withdraws Application For Pennsylvania License

July 31, 2024

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

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Calpine Community Energy, LLC has requested that the Pennsylvania PUC withdraw from PUC consideration Calpine Community Energy, LLC's application for a retail electric supplier license

Calpine Community Energy's application for a Pennsylvania electric supplier license had been first reported by EnergyChoiceMatters.com in March

In describing its proposed services in its March application, Calpine Community Energy had stated, "Calpine Community Energy will provide EGS services to Community Choice Aggregators and municipal aggregators. The aggregators will determine the types of products offers for their customers."

The reason for Calpine Community Energy's withdrawal of the EGS application was not stated by Calpine Community Energy in its withdrawal letter

A data request from the PUC to Calpine Community Energy, which according to a public record of case activity had not yet been answered, had sought from Calpine Community Energy a response to the following:

Reference Application, Section 4.c, Description of Proposed Services – The applicant stated "Calpine Community Energy, LLC will provide EGS services to Community Choice Aggregators and municipal aggregators. The aggregators will determine the types of products offered for their customers". Please explain in detail if Calpine Community Energy, LLC intends on serving any customers directly.

Reference Application, Section 9, Disclosure Statements – Applicant failed to provide a disclosure statement. Please provide a disclosure statement.

As first reported by EnergyChoiceMatters.com, several Pennsylvania boroughs have claimed to the Pennsylvania PUC that they have the authority to adopt opt-out municipal electricity aggregations, and have sought a PUC declaratory order to that effect

Notably, the Boroughs asked, among other things, that the PUC find that Boroughs "adopting" a municipal aggregation, as well as the Boroughs' "CCA Administrator", do not need to be licensed as an electric generation supplier (EGS).

As to the Boroughs themselves, the Boroughs said that the EGS definition in statute excludes municipal corporations which do not provide service outside of their municipal limits. The Boroughs further said that the term "corporation" under the EGS definition excludes municipal corporations

The Boroughs have said that Public Utility Code Section 2809(a) does not require a Borough adopting the CCA Program to be licensed as an EGS.

See a full discussion of the Boroughs' petition relating to opt-out municipal aggregation in Pennsylvania here

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