Starion -- Sales Development Representative (SDR) -- Houston Josco stated in its response that Josco Energy MA, LLC, Josco Energy IL, LLC, and Josco Energy USA, LLC are separate and distinct, for corporate purposes, from Josco. This is not indicative of a company working cooperatively with Staff and fairly addressing customer complaints." -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston Texas Attorney General Ken Paxton is suing Griddy, saying the electricity provider passed along massive increases during winter storms, leaving some customers to face up to $5,000 in power bills.. In addition, the California Public Utilities Commission issued Energy Citations to Smart One on February 13, 2020, April 21, 2020, August 20, 2020, and September 17, 2020, totaling $25,000 for violations of the Public Utilities Code. -- Sr. Analyst, Structuring -- Retail Supplier This is not indicative of a company working cooperatively with Staff and fairly addressing customer complaints." NEW! Copyright 2010-21 Energy Choice Matters. NEW! The OTSC directed Josco to provide four pieces of information pertaining to the 13 listed complaint cases, including: enrollment documentation, disconnect dates, cost analysis, and refund information. Smart One answered 'no' in response to Section 1.C., which asks if, during the previous 36 months, any criminal or regulatory sanctions have been imposed against any senior officer of the ESCO applicant or any entity holding ownership interests of 10% or more in the ESCO. NEW Jobs on RetailEnergyJobs.com: The PSC stated in its order that, "SunSea also remarked that it strives 'to achieve the highest standards of customer satisfaction, and takes its compliance obligations, its relationship with regulatory authorities, and the handling of consumer inquiries and complaints very seriously.' of the RAAF which, if proven to be the case, would be a violation of the UBP." Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." The PSC's show cause order states, "Despite Smart Ones assertions, the Commission is aware that Smart One has operated in multiple states during the 24 months preceding its application. The information provided by Smart One in these sections indicates that Smart One has no affiliates, uses no other trade names, has operated only in New York in the last 24 months, and has had no regulatory sanctions imposed in the last 36 months. Staffs review of the sales calls found that the majority of the agents spoke very quickly and merely completed the script and connected the customer to the TPV. ADVERTISEMENT email or post the website link; unauthorized copying, retransmission, or republication NEW! of the RAAF which, if proven to be the case, would be a violation of the UBP." and 1.E. The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. Starion provided the following statement concerning the matter: The PSC's show cause order states, "On February 4, 2021, Staff identified apparent false and misleading statements in the application and sought additional information from Josco. -- Energy Operations Analyst --- Statement from Starion The PSC said that it found Sunsea's response to the 2020 show cause order "unconvincing" and stated in its new order that, " The Commission finds that SunSea has violated the consumer protection provisions of the UBP and moreover has not adequately remedied these violations in response to consumer complaints, Staffs investigation, nor the Commissions OTSC [order to show cause]. -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston The script lists choices of utilities in Illinois, Maryland, Massachusetts, New Jersey, New York, Ohio, and Pennsylvania. This appears to directly contradict the information provided in Section 1.C. Josco stated in its response that Josco Energy MA, LLC, Josco Energy IL, LLC, and Josco Energy USA, LLC are separate and distinct, for corporate purposes, from Josco. Further, Joscos attorney did address this misinformation in their January 5, 2021 email correspondence with Staff." -- Sr. Analyst, Structuring -- Retail Supplier Starion provided the following statement concerning the matter: "Starion is in the process of reviewing the Public Service Commissions Order to Show Cause and will respond accordingly. Further modifications to its sales agreements were requested on March 1, 2021, which Starion provided on March 10, 2021. NEW! NEW! and 1.E. The PSC's show cause order states, "Upon completion of the application review, Staff requested revisions to the sales agreements, TPV scripts, and RAAF, including Sections 1.B., 1.D., and 1.E. Section 1.D., which lists all states in which the company has operated during the last 24 months, included only New York. -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston -- Account Operations Manager -- Retail Supplier In Section 1.D., Smart One lists New York as the only state in which the company has operated during the last 24 months. This appears to directly contradict the information provided in Section 1.C. Section 1.D., which lists all states in which the company has operated during the last 24 months, included only New York. -- Sales Development Representative (SDR) -- Houston As part of its review, Staff contacted a representative at the customer service number that Josco listed on its RAAF, and was informed by the representative that Josco does in fact operate in multiple states." "For these reasons, Josco, Smart One, Starion, and SunSea are each ordered to show cause why their applications for eligibility to operate as an ESCO in New York State should not be denied," the PSC said We find that after months of similar complaints without corrective action, the noncompliance became willful. NEW! of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, refers to an Attachment that now lists Joscos affiliates as Josco Energy MA, LLC, Josco Energy IL, LLC, and Josco Energy USA, LLC. The information provided by Smart One in these sections indicates that Smart One has no affiliates, uses no other trade names, has operated only in New York in the last 24 months, and has had no regulatory sanctions imposed in the last 36 months. ADVERTISEMENT -- Sales Development Representative (SDR) -- Houston The PSC's show cause order states, "On February 4, 2021, Staff identified apparent false and misleading statements in the application and sought additional information from Josco. NEW! "[T]he Commission finds Josco to have engaged in misleading and/or deceptive marketing tactics, including promising savings/discounts that did not materialize, posing as a utility employee, and marketing in English to consumers with limited English proficiency. With respect to the revocation of Sunsea's current eligibility, see our prior story for background on the alleged violations and a prior December 2020 show cause order The PSC said that it found Sunsea's response to the 2020 show cause order "unconvincing" and stated in its new order that, " The Commission finds that SunSea has violated the consumer protection provisions of the UBP and moreover has not adequately remedied these violations in response to consumer complaints, Staffs investigation, nor the Commissions OTSC [order to show cause]. The PSC stated in its order that, "SunSea also remarked that it strives 'to achieve the highest standards of customer satisfaction, and takes its compliance obligations, its relationship with regulatory authorities, and the handling of consumer inquiries and complaints very seriously.' We find that after months of similar complaints without corrective action, the noncompliance became willful. It also assessed a civil penalty against Living Essentials of $2,183,747 and awarded the State $1,886,866.71 in attorney. Section 1.D., which lists all states in which the company has operated during the last 24 months, included only New York. Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." -- Retail Supplier NEW! NEW! In Section 1.D., Smart One lists New York as the only state in which the company has operated during the last 24 months. -- New Product Strategy and Development Sr. Furthermore, the website named on Joscos RAAF, www.joscoenergy.com, indicates that Josco provides service in Illinois, Maryland, New Jersey, New York, Ohio, and Pennsylvania. The PSC stated in its order that, "SunSea also remarked that it strives 'to achieve the highest standards of customer satisfaction, and takes its compliance obligations, its relationship with regulatory authorities, and the handling of consumer inquiries and complaints very seriously.' These transfers shall occur on the customers regularly scheduled meter reading dates. Of the 93 total cases listed in the attachments to the Order, Staff identified 73 cases where the refund was denied or not provided in response to the QRS/SRS and NOAF, but then granted after the OTSC. In addition, the California Public Utilities Commission issued Energy Citations to Smart One on February 13, 2020, April 21, 2020, August 20, 2020, and September 17, 2020, totaling $25,000 for violations of the Public Utilities Code. Copyright 2010-21 Energy Choice Matters. ", The PSC stated in its order that, "SunSea states that 'this unfortunate circumstance is not due to willful noncompliance, but rather the rogue actions of marketing vendors. The PSC stated in its order that, "Josco further claims that it has 'consistently worked and continues to work cooperatively and proactively with Staff to quickly and fairly address customer issues and complaints.' Similarly, the required complaint data was not included with the application package documents. The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order. This is also not indicative of a company that has been taking its relationship with regulatory authorities seriously since the allegations included questionable marketing practices and misrepresentation, not just disputed enrollments." Smart One responded that the previously submitted sales agreements were compliant, other documentation had already been included, and other revisions and documents were filed. Section 1.B. "[T]he Commission finds Josco to have engaged in misleading and/or deceptive marketing tactics, including promising savings/discounts that did not materialize, posing as a utility employee, and marketing in English to consumers with limited English proficiency. .' The PSC's show cause order states, "On November 17, 2020, Starion filed an application, signed by Starions Chief Operating Officer (COO), seeking to comply with the December 2019 Order. On November 21, 2019, the Commonwealth of Virginia State Corporation Commission issued a Rule to Show Cause against Smart One Energy for violations of the Rules Governing Retail Access to Competitive Energy Services. The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. Section 1.D., which lists all states in which the company has operated during the last 24 months, refers to another attachment that states Starion serves customers in New York and Ohio, and is licensed in Michigan and Indiana. Josco was ordered to return its customers to full utility service within 60 days of the effective date of the PSC's revocation order With respect to the revocation of Sunsea's current eligibility, see our prior story for background on the alleged violations and a prior December 2020 show cause order In addition, the California Public Utilities Commission issued Energy Citations to Smart One on February 13, 2020, April 21, 2020, August 20, 2020, and September 17, 2020, totaling $25,000 for violations of the Public Utilities Code. -- Retail Supplier Of the 93 total cases listed in the attachments to the Order, Staff identified 73 cases where the refund was denied or not provided in response to the QRS/SRS and NOAF, but then granted after the OTSC. Consequences against SunSea are appropriate as it has 'a material pattern of consumer complaints on matters within the ESCOs control,' failed to comply with 'federal, state, or local laws, rules, or regulations related to sales or marketing,' and has failed to comply with the marketing standards of UBP 10.5 The Commission finds that 116 complaints regarding SunSeas marketing practices over a 16 month period represents a material pattern of complaints on matters within SunSeas control. Of the 93 total cases listed in the attachments to the Order, Staff identified 73 cases where the refund was denied or not provided in response to the QRS/SRS and NOAF, but then granted after the OTSC. The information provided by Smart One in these sections indicates that Smart One has no affiliates, uses no other trade names, has operated only in New York in the last 24 months, and has had no regulatory sanctions imposed in the last 36 months. Staffs review of the sales calls found that the majority of the agents spoke very quickly and merely completed the script and connected the customer to the TPV. NEW! -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston Additionally, Staff notes that on October 7, 2020, the Maryland Public Service Commission issued an order to impose consequences against SunSea for violations of numerous provisions of the Public Utility Article and the Code of Maryland Regulations. Further, Joscos attorney did address this misinformation in their January 5, 2021 email correspondence with Staff." Additionally, Staff notes that on October 7, 2020, the Maryland Public Service Commission issued an order to impose consequences against SunSea for violations of numerous provisions of the Public Utility Article and the Code of Maryland Regulations. However, Josco failed to address the fact that the Vice President of Operations signed the RAAF attesting that the information was true, complete, and accurate. NEW! Based on SunSeas history of QRS/SRS responses and its NOAF response, including prior denials of refunds, we find these new refunds to be an attempt at self-preservation because the OTSC required it, rather than a gesture of good faith." . -- New Product Strategy and Development Sr. With respect to the revocation of Sunsea's current eligibility, see our prior story for background on the alleged violations and a prior December 2020 show cause order Josco has had multiple opportunities and ample time to prove and demonstrate that they will abide by the UBP. These transfers shall occur on the customers regularly scheduled meter reading dates. 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