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PSC Adopts Final Rules For Retail Supplier Penalties, Remediation Periods
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The Georgia PSC adopted as final revised rules governing retail natural gas supplier service quality metrics, including penalties and remediation periods
The PSC's final rules do not vary from the previously reported second revised NOPR issued in October (story here)
The final rule maintains a presumptive penalty of $25,000 for non-compliance with a service quality measure (SQM) benchmark
In the initial proposed rule, presumptive penalties would have been based on a supplier's market share, but this mechanic was dropped during the rulemaking process
Under the final rule, the PSC has discretion to adjust any penalty from the presumptive amount set in rule.
Specifically, the "affected party" and/or PSC Staff may seek from the PSC an adjustment to the presumptive penalty, with the final rule explicitly providing that this adjustment may be, "up or down".
Under the final rule, an eligible party seeking an adjustment to the penalty must "petition" the PSC for such relief.
The rules govern remediation periods which provide marketers with additional time to come into compliance with an SQM and avoid a penalty, with the regular SQM benchmark generally not being applied in the first month of the remediation period. While all remediation periods last three months, the date by which a supplier must meet the regular SQM varies as discussed below.
For example, marketers must meet a 98.5% monthly billing accuracy rate.
If a marketer fails to meet this billing accuracy SQM twice within a 12-month period, the marketer shall enter a 3-month remediation period (provided that the marketer is eligible for remediation, which generally means that the marketer hasn't, prior to the relevant non-compliance, missed the SQM in the prior 12 months)
During a billing period remediation period, there is no application of an SQM for the first month, but marketers must meet the regular SQM of 98.5% accuracy during both the second and third month of remediation period in order to avoid a penalty
Under a call center SQM, marketers must answer at least 80% of calls within 180 seconds. For IVR systems, the 180-second period begins when the customer makes a selection to speak with an agent.
In a remediation period for violation of the call center SQM, there is no benchmark during the first month, with interim benchmarks used for the second and third month. Specifically, in order to avoid a penalty under a call center remediation period, the supplier must meet a 70% benchmark in month 2, and a 75% benchmark in month 3.
Retail suppliers must file compliance plans as part of the remediation process
Docket 15296
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December 23, 2024
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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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