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PUC Judge Adopts $1 Million Penalty Against Retail Supplier To Show PUC's "Fervent Disapproval" Of Alleged Actions
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A Pennsylvania PUC ALJ has issued an initial decision which approves (with such approval stated to be without modification) a settlement between Planet Energy (Pennsylvania) Corporation ('Planet Energy' or 'Company') and the PUC's Bureau of Investigation and Enforcement ('I&E') under which a "token" $1 million penalty against Planet Energy is hoped by the PUC to, "illustrate the Commission’s fervent disapproval of Planet Energy’s actions."
The initial decision represents final action by the PUC unless a party files exceptions to the initial decision. No party to the proceeding is actively opposing the settlement, and it is expected that the initial decision will serve as the PUC's final decision in the matter
The settlement had been exclusively first reported by EnergyChoiceMatters.com
The settlement resolves allegations that Planet Energy terminated fixed price contracts (via dropping customers to default service) for about 5,600 customers without various notices required under PUC rules
See more background on the allegations here
As previously reported, Planet Energy entered into bankruptcy proceedings, and the settling parties acknowledge that payment of the penalty is unlikely. I&E under the settlement agrees not to pursue the collection of the $1 million fine.
As previously reported, notwithstanding the unlikelihood of collection, I&E asked for a "token" $1 million fine to be imposed as part of the settlement, "as a means to illustrate the Commission’s fervent disapproval of Planet Energy’s actions and to deter similar actions by other energy suppliers serving consumers in this Commonwealth[.]"
The ALJ accepted with this reasoning in the initial decision
"I agree that it is important to set a civil penalty in this proceeding, while recognizing that recovery of the civil penalty is unlikely," the ALJ said
Although the initial decision states that it approves the settlement without modification, an ordering paragraph to the initial decision provides that, "Planet Energy (Pennsylvania) Corporation d/b/a RiteRate Energy d/b/a Value Plus Energy agrees to refrain from conducting business in the Commonwealth of Pennsylvania as an EGS or otherwise in perpetuity."
The settlement actually provides that such prohibition is, "in perpetuity unless otherwise authorized by the PUC." [emphasis added]
While the point may be moot given Planet Energy's bankruptcy, the ordering paragraph does depart from the settlement's language by omitting, "unless otherwise authorized by the PUC."
As noted previously, the settlement states that Planet Energy does not admit and expressly denies any violation of law or other wrongdoing by itself, any affiliated entities, and all current or former officers, directors, employees, agents, attorneys, contractors, or other persons who ever acted on behalf of Planet Energy.
C-2023-3041126
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August 29, 2024
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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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