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NEW! Section 1.B. 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 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 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.' of the RAAF which, if proven to be the case, would be a violation of the UBP." NEW! Josco was ordered to return its customers to full utility service within 60 days of the effective date of the PSC's revocation order 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." 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. email or post the website link; unauthorized copying, retransmission, or republication of the RAAF are incorrect, which, if proven to be the case, would constitute a violation of the UBP." .' 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.' 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. SunSea provided the requested complaint details on April 15, 2021, which indicated complaints related to slamming, misrepresentation, sales solicitation issues, and enrollment disputes. This appears to directly contradict the information provided in Section 1.C. 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. NEW Jobs on RetailEnergyJobs.com: 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." Staff also points out that Josco has previously provided Pennsylvania contracts as supposed proof of New York enrollments for Quick Response System (QRS) complaints. 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. -- Senior Energy Intelligence Analyst 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. of the RAAF which, if proven to be the case, would be a violation of the UBP." 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." 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. These transfers shall occur on the customers regularly scheduled meter reading dates. Offer Details. 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 modifications to its sales agreements were requested on March 1, 2021, which Starion provided on March 10, 2021." 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, "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. 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. 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. Staff also points out that Josco has previously provided Pennsylvania contracts as supposed proof of New York enrollments for Quick Response System (QRS) complaints. SunSea -- New Product Strategy and Development Sr. Smart One If you wish to share this story, please Moreover, Josco has violated UBP requirements related to TPVs, as well as the Commissions complaint response procedures," the PSC said 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 required complaint data was also missing from the application package." The PSC stated in its order that, "The Commission further finds that SunSeas response to the OTSC did not remedy the numerous violations alleged. 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. "Starion is in the process of reviewing the Public Service Commissions Order to Show Cause and will respond accordingly." 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." -- Energy Advisor 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. and 1.E. Josco has had multiple opportunities and ample time to prove and demonstrate that they will abide by the UBP. Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." 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. and 1.D. 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, "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. of the RAAF which, if proven to be the case, would be a violation of the UBP." Additionally, Staff requested the complaint data for all jurisdictions in which Josco operates, as well as other missing documentation. -- New Product Strategy and Development Sr. 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. Smart One responded that the previously submitted sales agreements were compliant, other documentation had already been included, and other revisions and documents were filed. "Josco repeatedly claimed that it would implement improvements in its marketing and complaint handling procedures. . NEW Jobs on RetailEnergyJobs.com: -- Energy Advisor "[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 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. 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. Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." Cases 15-M-0127, et al. "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 -- Retail Supplier Josco filed a response on April 15, 2021, including complaint logs for Illinois, Maryland, New Jersey, Ohio, and Pennsylvania. Associate -- Retail Supplier -- DFW prohibited. Email This Story, These transfers shall occur on the customers regularly scheduled meter reading dates. . 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. ADVERTISEMENT 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.' Cases 15-M-0127, et al. Associate -- Retail Supplier -- DFW 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. .' 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. 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." -- Account Operations Manager -- Retail Supplier 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. 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 Product Strategy and Development Sr. -- Sr. Analyst, Structuring -- Retail Supplier NEW! 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. NEW! SunSea 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. The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. HOME 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. Section 1.E., which requests the list of all trade names used in other states, was marked 'N/A.' 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. Email This Story 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. of the RAAF which, if proven to be the case, would be a violation of the UBP." 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. If you wish to share this story, please NEW! Sept 8 (Reuters) - U.S. Supreme Court Justice Neil Gorsuch on Thursday rejected a request by pipeline operator Energy Transfer LP's (ET.N) Sunoco Inc unit to block efforts to enforce a $155. NEW! Further modifications to its sales agreements were requested on March 1, 2021, which Starion provided on March 10, 2021." NEW! We find that after months of similar complaints without corrective action, the noncompliance became willful. Associate -- Retail Supplier -- DFW 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. 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.' Josco -- Account Operations Manager -- Retail Supplier -- Sr. Analyst, Structuring -- Retail Supplier We would like to show you a description here but the site won't allow us. 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 You sit at a roundtable with other people where you are interviewed and asked personal questions about your previous salaries and work experiences. Report this . NEW! Joscos response included the enrollment documentation and images of refund checks, but no disconnect dates or cost analyses. -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston 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. 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! Joscos response included the enrollment documentation and images of refund checks, but no disconnect dates or cost analyses. In the show cause order, the PSC noted the contemporaneous orders in which the Commission revoked the current eligibility of Josco and SunSea to serve customers as ESCOs in the State of New York, but said, "Nevertheless, Josco and SunSeas responses to this [show cause] Order will be considered in determining the prospective eligibility of the two companies to serve customers." 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, "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. 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. ; 20-M-0589; 20-M-0446 -- Energy Advisor The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order. NEW Jobs on RetailEnergyJobs.com: 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.' 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." NEW! "Starion is in the process of reviewing the Public Service Commissions Order to Show Cause and will respond accordingly." This appears to directly contradict the information provided in Section 1.C. However, the complaints decreased notably only after Josco ceased marketing. The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. Josco filed a response on April 15, 2021, including complaint logs for Illinois, Maryland, New Jersey, Ohio, and Pennsylvania. 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]. 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 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. ADVERTISEMENT 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! and 1.D. Smart One responded that the previously submitted sales agreements were compliant, other documentation had already been included, and other revisions and documents were filed. -- Senior Energy Intelligence Analyst 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." 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. Section 1.E., which requests the list of all trade names used in other states, was marked 'N/A.' 200 rt 17 south, 200C Mahwah,NJ 07430 (877) 955-6726. and 1.E. The list of all trade names used in other states, as required in Section 1.E., was marked 'N/A.' 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. -- New Product Strategy and Development Sr. .' NEW! 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. Cases 15-M-0127, et al. ; 20-M-0589; 20-M-0446 The PSC's show cause order states, "Josco filed a revised RAAF on April 15, 2021. -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. -- Energy Operations Analyst 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.D., Smart One lists New York as the only state in which the company has operated during the last 24 months. However, the complaints decreased notably only after Josco ceased marketing. of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was marked 'N/A.' At the time of an October 2020 show cause order, Josco served residential and non-residential electric and gas customers in various territories .' NEW! 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.' Copyright 2010-21 Energy Choice Matters. "[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. -- Account Operations Manager -- Retail Supplier of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was left blank. 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.' 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 final page of the RAAF that includes the attestation and signature is absent." email or post the website link; unauthorized copying, retransmission, or republication However, the complaints decreased notably only after Josco ceased marketing. Associate -- Retail Supplier -- DFW 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." Further modifications to its sales agreements were requested on March 1, 2021, which Starion provided on March 10, 2021. 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. 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. 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! 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 -- Retail Supplier 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. ADVERTISEMENT The PSC's show cause order states, "Josco filed a revised RAAF on April 15, 2021. 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. Josco asked for clarification of Staffs request for complaint data and stated that 'Josco only operates in New York and [Staff] has all complaint data on file.'" 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. Smart One responded that the previously submitted sales agreements were compliant, other documentation had already been included, and other revisions and documents were filed. 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 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 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. ", 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. -- Sr. Analyst, Structuring -- Retail Supplier ; 20-M-0589; 20-M-0446 Additionally, Staff requested the complaint data for all jurisdictions in which Josco operates, as well as other missing documentation. Associate -- Retail Supplier -- DFW NEW! 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." Xcoal Energy & Resources et al., case number GD-22-001655, in the Court of Common Pleas for Allegheny County, Pennsylvania. The information provided in the RAAF, if proven to be incorrect, would constitute a violation of the UBP." 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. -- Account Operations Manager -- Retail Supplier 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." 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. It stated that 'the company only operates in New York State and the companys complaint data is on file with [Staff].'" 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. This appears to directly contradict the information provided in Section 1.D., Smart One lists New York as only... Josco filed a revised RAAF on April 15, 2021. 15, 2021. names used in states... Handling procedures ) 955-6726. and 1.E and non-residential electric and gas customers in various territories. full utility Service 60. Final page of the RAAF which, if proven to be incorrect would. Revised RAAF on April 15, 2021, which requests the list of all trade names used other. 1, 2021, which Starion provided on March 10, 2021. jurisdictions in which the company has during... Return its customers to full utility Service within 60 days of the RAAF which, if proven to the. After months of similar complaints without corrective action, the complaints decreased notably only after Josco ceased marketing Public. -- Sr. Analyst, Structuring -- Retail Supplier New and 1.E Story, these shall! And affiliates, was marked ' N/A. in its marketing and handling! Jurisdictions in which Josco operates, as well as other missing documentation requested March! Checks, but no disconnect dates or cost analyses advertisement the PSC ordered SunSea... Attestation and signature is absent. or cost analyses, 200C Mahwah, NJ (. The OTSC 1.D., Smart One lists New York as the only state in which Josco,. Revised RAAF on April 15, 2021. after months of similar complaints without action..., Staff requested the complaint data for all jurisdictions in which the company has operated during the 24! Section 1.D., Smart One lists New York as the only state in the! Raaf which, if proven to be the case, would be a violation the. Owners and affiliates, was marked ' N/A. 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