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People's Counsel Withdraws Complaint Alleging Code Of Conduct Violations By Choice Utility
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The Maryland Office of People's Counsel has withdrawn, without prejudice, claims in a complaint filed against Washington Gas Light, in which OPC had alleged potential code of conduct violations due to certain language on a Washington Gas Light utility consolidated bill
As previously reported (background here), OPC, in its initial complaint, had raised concerns regarding language on WGL bills, unattributed to WGL or the retail supplier on the bill (in this case, WGL Energy), which promoted the use of natural gas as 'a clean energy' that is less emissions intensive and more environmentally beneficial than an all-electric home.
OPC had alleged that, "OPC inquired with Washington Gas about the marketing statement on the bills. The company described the bill as a 'subscriber-consolidated bill' [sic] issued by WGL Energy and stated that while it occasionally reviews and includes statements from suppliers on utility-issued consolidated bills, it exercises no control over statements included by suppliers on 'subscriber-consolidated bills."
However, as previously reported, WGL later corrected this information and stated: that the message was from WGL; that the message was not from WGL Energy; and that the message appeared on all utility consolidated bills
Less relevant to the retail market, OPC also alleged that the language describing natural gas as a clean fuel was deceptive and violated applicable code and law
WGL said, and ultimately the PSC agreed, that OPC's concerns, with respect to alleged potential code of conduct violations, resulted from confusion about the source for the statement, due to what the PSC termed an initial "miscommunication" between OPC and WGL concerning the matter
The PSC had previously found that, "The record is clear that Washington Gas generated the utility-consolidated bills that gave rise to this complaint. Thus, WGL Energy should not have been a party to this Complaint and therefore the Commission dismisses the Complaint against WGL Energy. This also renders the claim of inappropriate affiliate interaction moot."
However, as previously reported, in response to an OPC appeal, a Maryland court revived the complaint and remanded it to the PSC, finding that the PSC's dismissal of the overall complaint was an abuse of discretion because the PSC's order, among other things, did not address the different explanations for the presence of the general gas marketing message, and thus did not satisfactorily address whether the message was from WGL, or from WGL Energy.
See more details on the court's opinion here
After the case was remanded, OPC dismissed any claims against WGL Energy (without prejudice), but, until today, OPC had continued to pursue alleged code of conduct violations by WGL
OPC said in a filing today that it is, without prejudice, voluntarily dismissing from its complaint against WGL the alleged violations of the Utility Code of Conduct (COMAR 20.40.02.01 et seq.)
OPC said that this voluntary dismissal does not apply to OPC's other claims in the complaint regarding the nature of the message promoting natural gas as clean, which OPC alleges is, "deceptive".
"This voluntarily [sic] dismissal does not encompass or extend to OPC’s allegations that Washington Gas’s distribution of customer bills containing deceptive or misleading environmental marketing violates PUA §§ 2-113 and 5-303," OPC said
Case 9673
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December 11, 2024
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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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