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.
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.
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."
Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses."
-- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston
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. 200 rt 17 south, 200C Mahwah,NJ 07430 (877) 955-6726. These facts appears [sic] to directly contradict the information provided in Sections 1.C.
Furthermore, SunSea has failed to comply with State laws related to sales or marketing as it continued to knowingly make unsolicited telemarketing sales calls during a declared State of Emergency."
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].
Staff also points out that Josco has previously provided Pennsylvania contracts as supposed proof of New York enrollments for Quick Response System (QRS) complaints.
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.
-- New Product Strategy and Development Sr.
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.
Cases 15-M-0127, et al.
An incomplete response was also provided with respect to the complaint data, which only included the number of complaints each month for New York and Ohio."
-- Senior Energy Intelligence Analyst
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.
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 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.
In Section 1.E., Starion notes the other trade name used in other states is 'Starion Energy NY, Inc.' The information provided by Starion in these sections indicates that Starion has two affiliates, operates only in New York and Ohio, uses only the trade name 'Starion Energy NY, Inc.' 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. Section 1.B.
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. .' NEW!
We find that after months of similar complaints without corrective action, the noncompliance became willful.
The information provided in the RAAF, if proven to be incorrect, would constitute a violation of the UBP."
-- New Product Strategy and Development Sr.
-- Sales Development Representative (SDR) -- Houston
The complaint data provided included the types of complaints for Maryland and only the number of complaints for Ohio, New Jersey, and the District of Columbia."
of the RAAF which, if proven to be the case, would be a violation of the UBP."
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. NEW!
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.
NEW!
of the RAAF which, if proven to be the case, would be a violation of the UBP." Furthermore, SunSea has failed to comply with State laws related to sales or marketing as it continued to knowingly make unsolicited telemarketing sales calls during a declared State of Emergency.
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, "Upon completion of the application review, Staff requested complaint type and resolution details from Ohio, Maryland, District of Columbia, and New Jersey, as well as other revisions and missing documentation. -- Energy Operations Analyst
Cases 15-M-0127, et al. The PSC stated in its order that, "Additionally, the enrollment documentation that SunSea is referring to was missing from 12 of the cases in the NOAF which prompted Staff to include the records retention violation to the OTSC.
That's what private electricity company Vistra seems to be alleging in litigation against Koch, one of its gas suppliers.
Section 1.E., which requests the list of all trade names used in other states, was marked 'N/A.'
-- Energy Advisor
"In order to effectively regulate ESCOs operating in New York State, the Commission must ensure that truthful and accurate information is provided to the Commission and Staff.
Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor."
-- Energy Advisor
prohibited. Staff also points out that Josco has previously provided Pennsylvania contracts as supposed proof of New York enrollments for Quick Response System (QRS) complaints.
prohibited.
This information suggests that the responses to Sections 1.C. NEW!
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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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
-- Energy Operations Analyst
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.
-- Energy Advisor
NEW!
The script lists choices of utilities in Illinois, Maryland, Massachusetts, New Jersey, New York, Ohio, and Pennsylvania.
Joscos response included the enrollment documentation and images of refund checks, but no disconnect dates or cost analyses.
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. Smart One responded that the previously submitted sales agreements were compliant, other documentation had already been included, and other revisions and documents were filed. 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.
-- Retail Supplier
These transfers shall occur on the customers regularly scheduled meter reading dates.
The PSC's show cause order states, "Staff notes that the answers indicating that Josco only operates in New York are contradicted by the Third Party Verification (TPV) script that was also submitted by Josco.
The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order. With respect to the revocation of Josco's current eligibility, see our prior story for background on the alleged violations
The script lists choices of utilities in Illinois, Maryland, Massachusetts, New Jersey, New York, Ohio, and Pennsylvania.
This is not indicative of a company working cooperatively with Staff and fairly addressing customer complaints."
Similarly, the required complaint data was not included with the application package documents.
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.
We find that after months of similar complaints without corrective action, the noncompliance became willful.
These transfers shall occur on the customers regularly scheduled meter reading dates.
Moreover, failure to provide required information in an eligibility application diminishes and circumvents the enhanced eligibility criteria adopted in the December 2019 Order," the PSC said, "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, 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.
Associate -- Retail Supplier -- DFW
Cases 15-M-0127, et al.
Section 1.E., which lists all trade names used in other states, continues to be marked 'N/A' despite its affiliates activities beyond New York.
-- Sr. Analyst, Structuring -- Retail Supplier
The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. -- Senior Energy Intelligence Analyst
Section 1.B.
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.
It stated that 'the company only operates in New York State and the companys complaint data is on file with [Staff].'"
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].
and 1.D.
Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses.
NEW!
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.
NEW!
-- Account Operations Manager -- Retail Supplier
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.
In Section 1.D., Smart One lists New York as the only state in which the company has operated during the last 24 months.
and 1.D.
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Moreover, Josco has violated UBP requirements related to TPVs, as well as the Commissions complaint response procedures," the PSC said
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." We find that after months of similar complaints without corrective action, the noncompliance became willful.
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.
Starion
The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order.
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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.'
Section 1.B.
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.
These facts appears [sic] to directly contradict the information provided in Sections 1.C.
The PSC's show cause order states, "Josco filed a revised RAAF on April 15, 2021.
Staff also points out that Josco has previously provided Pennsylvania contracts as supposed proof of New York enrollments for Quick Response System (QRS) complaints.
and 1.D.
The PSC stated in its order that, "Additionally, the enrollment documentation that SunSea is referring to was missing from 12 of the cases in the NOAF which prompted Staff to include the records retention violation to the OTSC.
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.
Section 1.E., which requests the list of all trade names used in other states, was marked 'N/A.'
The PSC's show cause order states, "Staff notes that the answers indicating that Josco only operates in New York are contradicted by the Third Party Verification (TPV) script that was also submitted by Josco.
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.
These transfers shall occur on the customers regularly scheduled meter reading dates.
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.' The PSC's show cause order states, "Upon completion of the application review, Staff requested complaint type and resolution details from Ohio, Maryland, District of Columbia, and New Jersey, as well as other revisions and missing documentation.
-- Retail Supplier
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.
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."
; 20-M-0589; 20-M-0446
The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC.
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's show cause order states, "On November 18, 2020, Josco filed an application, signed by the Vice President of Operations, seeking to comply with the December 2019 Order.
of the initial RAAF and Sections 1.D.
NEW!
NEW! -- Energy Advisor
Section 1.B.
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.
-- New Product Strategy and Development Sr. 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.
of the initial RAAF and Sections 1.D. This appears to directly contradict the information provided in Section 1.C.
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.
-- Sales Development Representative (SDR) -- Houston
The complaint data provided included the types of complaints for Maryland and only the number of complaints for Ohio, New Jersey, and the District of Columbia.
Greg Abbott, is suing O'Rourke over his criticism of the windfall profits that Warren's company made after the 2021 winter storm .
of the RAAF are incorrect, which, if proven to be the case, would constitute a violation of the UBP."
Moreover, Josco has violated UBP requirements related to TPVs, as well as the Commissions complaint response procedures," the PSC said
The significant number of complaints filed against Josco between 2016 and 2020 alleging marking violations demonstrate a material pattern of complaints on matters within Joscos control."
These facts appears [sic] to directly contradict the information provided in Sections 1.C.
Further, Joscos attorney did address this misinformation in their January 5, 2021 email correspondence with Staff."
NEW!
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."
of both the initial and revised RAAFs.
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! Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses."
-- Retail Supplier
The PSC stated in its order that, "Turning to the marketing provisions of the UBP, SunSea violated the UBP by failing to remove customers from its marketing database after the customers asked to no longer be called by SunSea.
prohibited.
The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order.
Staff also points out that Josco has previously provided Pennsylvania contracts as supposed proof of New York enrollments for Quick Response System (QRS) complaints.
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."
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."
; 20-M-0589; 20-M-0446
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.
of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was left blank. -- Sales Development Representative (SDR) -- Houston
The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC.
-- Sr. Analyst, Structuring -- Retail Supplier
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.
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.
Moreover, Josco has violated UBP requirements related to TPVs, as well as the Commissions complaint response procedures," the PSC said
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]. Further modifications to its sales agreements were requested on March 1, 2021, which Starion provided on March 10, 2021."
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
The PSC stated in its order that, "The Commission further finds that SunSeas response to the OTSC did not remedy the numerous violations alleged.
These transfers shall occur on the customers regularly scheduled meter reading dates. email or post the website link; unauthorized copying, retransmission, or republication
Smart One responded that the previously submitted sales agreements were compliant, other documentation had already been included, and other revisions and documents were filed.
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."
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.'
NEW!
-- Sales Development Representative (SDR) -- Houston
NEW!
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.
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prohibited.
-- Sr. Analyst, Structuring -- Retail Supplier
The PSC stated in its order that, "Additionally, the enrollment documentation that SunSea is referring to was missing from 12 of the cases in the NOAF which prompted Staff to include the records retention violation to the OTSC. -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston
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.'
Starion
"[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. Further modifications to its sales agreements were requested on March 1, 2021, which Starion provided on March 10, 2021."
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.
NEW!
Smart One responded that the previously submitted sales agreements were compliant, other documentation had already been included, and other revisions and documents were filed. In Section 1.E., Starion notes the other trade name used in other states is 'Starion Energy NY, Inc.' The information provided by Starion in these sections indicates that Starion has two affiliates, operates only in New York and Ohio, uses only the trade name 'Starion Energy NY, Inc.' 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.
Associate -- Retail Supplier -- DFW
.
NEW! 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."
A little more than a week later, Pink Energy sent an email to employees announcing it was closing its doors.
; 20-M-0589; 20-M-0446
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.'
-- Sales Development Representative (SDR) -- Houston
The PSC stated in its order that, "Additionally, the enrollment documentation that SunSea is referring to was missing from 12 of the cases in the NOAF which prompted Staff to include the records retention violation to the OTSC.
.'
The final page of the RAAF that includes the attestation and signature is absent."
NEW!
The complaint data provided included the types of complaints for Maryland and only the number of complaints for Ohio, New Jersey, and the District of Columbia."
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