Moreover, Josco has violated UBP requirements related to TPVs, as well as the Commissions complaint response procedures," the PSC said
On August 2, 2019, the Maryland Public Service Commission issued its Order Suspending Retail Supply License, Imposing Civil Penalty, and Directing the Transfer of Service against Smart One.
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.
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In Section 1.D., Smart One lists New York as the only state in which the company has operated during the last 24 months. 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.'
Josco also repeatedly claimed that it would improve its complaint response practices, yet 17 of the 29 responses to complaints received during 2020 were inadequate and eight of those were during the second half of the year," the PSC stated in its order
SunSea stated in its response that it is 'committed to making whole all customers which were identified in Appendix A and B to the OTSC as well as additional customers as a gesture of good faith.' Additionally, the Commission finds that SunSea engaged in misleading or deceptive conduct in marketing to New York customers, including making false or misleading representations regarding the rates or savings offered by SunSea."
-- Energy Advisor
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-- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston
Section 1.D., which lists all states in which the company has operated during the last 24 months, included only New York.
These facts appears [sic] to directly contradict the information provided in Sections 1.C.
Section 1.B.
; 20-M-0589; 20-M-0446
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.
Associate -- Retail Supplier -- DFW
Additionally, the Commission finds that SunSea engaged in misleading or deceptive conduct in marketing to New York customers, including making false or misleading representations regarding the rates or savings offered by SunSea."
Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." The required complaint data was also missing from the application package."
-- Energy Operations Analyst
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In brief, concerning the eligibility re-applications, the PSC alleges that each ESCO omitted material information from the applications, as more fully described below
Additionally, the Commission finds that SunSea engaged in misleading or deceptive conduct in marketing to New York customers, including making false or misleading representations regarding the rates or savings offered by SunSea."
That, combined with the consistent complaints about misleading sales tactics and promises of rebates, rewards, and/or discounts, is not indicative of high standards of customer service." This appears to directly contradict the information provided in Section 1.C.
These facts appears [sic] to directly contradict the information provided in Sections 1.C.
-- Sales Development Representative (SDR) -- Houston
Xcoal Energy & Resources et al., case number GD-22-001655, in the Court of Common Pleas for Allegheny County, Pennsylvania.
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.
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.
These transfers shall occur on the customers regularly scheduled meter reading dates.
The PSC said that Josco's response to the 2020 show cause order was "unconvincing" and said, "The Commission finds that Josco 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]. These transfers shall occur on the customers regularly scheduled meter reading dates.
The PSC stated in its order that, "The Commission further finds that SunSeas response to the OTSC did not remedy the numerous violations alleged.
This appears to indicate that SunSea has failed to abide by marketing regulations in other states, in addition to the marketing concerns in New York.
prohibited.
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."
of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was marked 'N/A.'
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.
Josco
In fact, Josco has demonstrated the opposite, as proven by the fact that the complaint types remained the same over the course of four years and the QRS responses were consistently insufficient during that time, even when Staff provided multiple notices of violations and deficiencies." Further, Joscos attorney did address this misinformation in their January 5, 2021 email correspondence with Staff." Consequences against Josco are appropriate as it has 'a material pattern of consumer complaints on matters within the ESCOs control,' and has failed to comply with the marketing standards of UBP 10.
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We find that after months of similar complaints without corrective action, the noncompliance became willful. NEW!
-- Energy Operations Analyst
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It stated that 'the company only operates in New York State and the companys complaint data is on file with [Staff].'"
The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order.
; 20-M-0589; 20-M-0446
of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was marked 'N/A.'
The PSC's show cause order states, "Upon completion of the application review, Staff requested revisions to the sales agreements, TPV scripts, the complaint data from all jurisdictions in which Smart One operates, and other missing documentation.
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.'
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."
Josco was ordered to return its customers to full utility service within 60 days of the effective date of the PSC's revocation order
-- Energy Advisor
.'
-- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston
The PSC's show cause order states, "The fact that Josco has affiliates operating in multiple states appears to directly contradict the information provided in Section 1.B.
Further, Joscos attorney did address this misinformation in their January 5, 2021 email correspondence with Staff."
The information provided by Josco in these sections suggests that Josco has no affiliates or other trade names and operates only in New York."
-- Sr. Analyst, Structuring -- Retail Supplier
Staff also points out that Josco has previously provided Pennsylvania contracts as supposed proof of New York enrollments for Quick Response System (QRS) complaints. The PSC stated in its order that, "SunSea states that in response to the NOAF, SunSea denied the allegations against it and provided enrollment documentation.
The PSC's show cause order states, "On December 8, 2020, Smart One filed an application, signed by the Chief Executive Officer (CEO) seeking to comply with the December 2019 Order.
of the RAAF which, if proven to be the case, would be a violation of the UBP."
These transfers shall occur on the customers regularly scheduled meter reading dates. The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. 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.
-- Account Operations Manager -- Retail Supplier
Josco also repeatedly claimed that it would improve its complaint response practices, yet 17 of the 29 responses to complaints received during 2020 were inadequate and eight of those were during the second half of the year," the PSC stated in its 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.
The PSC's show cause order states, "On November 17, 2020, SunSea filed an application, signed by their CEO, seeking to comply with the December 2019 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].
Smart One
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.
Section 1.B.
-- New Product Strategy and Development Sr.
Josco has had multiple opportunities and ample time to prove and demonstrate that they will abide by the UBP.
-- New Product Strategy and Development Sr.
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Joscos response included the enrollment documentation and images of refund checks, but no disconnect dates or cost analyses.
Because Josco has had a significant history of complaints and enforcement action in New York, the review of complaints from other states was a predominant concern in the application review process.
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.
-- New Product Strategy and Development Sr.
; 20-M-0589; 20-M-0446
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Cases 15-M-0127, et al.
These transfers shall occur on the customers regularly scheduled meter reading dates.
The lack of adequate responses to the QRS/SRS complaints from July 2019-November 2020 directly contradicts the statement regarding SunSeas handling of consumer inquiries and complaints. 408 followers 406 connections.
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 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.
of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was marked 'N/A.'
This includes 12 that were confirmed to be checks dated February 2021 for refunds that had been promised on various dates ranging from February 19, 2020, through October 19, 2020.
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-- Account Operations Manager -- Retail Supplier
The information provided by Josco in these sections suggests that Josco has no affiliates or other trade names and operates only in New York."
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.'
-- Retail Supplier
-- Sales Development Representative (SDR) -- Houston
Section 1.D., which lists all states in which the company has operated during the last 24 months, included only New York. These transfers shall occur on the customers regularly scheduled meter reading dates. NEW!
-- Retail Supplier
The PSC stated in its order that, "SunSea states that in response to the NOAF, SunSea denied the allegations against it and provided enrollment documentation.
.' The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order.
Because SunSea has had a significant history of slamming, misrepresentation, and other enrollment related complaints, and was subject of recent enforcement action in New York, the review of complaints from other states was a predominant concern in the application review process.
prohibited. -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston
of both the initial and revised RAAFs.
-- Sr. Analyst, Structuring -- Retail Supplier
In fact, Josco has demonstrated the opposite, as proven by the fact that the complaint types remained the same over the course of four years and the QRS responses were consistently insufficient during that time, even when Staff provided multiple notices of violations and deficiencies." Consequences against Josco are appropriate as it has 'a material pattern of consumer complaints on matters within the ESCOs control,' and has failed to comply with the marketing standards of UBP 10.
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The RAAF indicates that SunSea Energy, LLC has four affiliates, operates in Ohio, Maryland, New Jersey, and District of Columbia, uses the trade names SunSea and SunSea Energy in other states, and that no senior officer of the ESCO applicant or entity holding ownership interests of 10% or more in the ESCO has had any criminal or regulatory sanctions imposed within the last 36 months.
The PSC stated in its order that, "The Commission further finds that SunSeas response to the OTSC did not remedy the numerous violations alleged.
Section 1.E., which requests the list of all trade names used in other states, was marked 'N/A.'
-- Senior Energy Intelligence Analyst
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.
and 1.E.
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The PSC's show cause order states, "Staffs review of Starions website indicates that, in addition to New York and Ohio, it operates in Connecticut, District of Columbia, Delaware, Illinois, Maryland, Massachusetts, New Jersey, and Pennsylvania. The PSC stated in its order that, "Josco refers to its 'demonstrated commitment to compliance and customer service' with regard to its complaints in New York.
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.'
.' We find that after months of similar complaints without corrective action, the noncompliance became willful. 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.
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