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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." 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 final page of the RAAF that includes the attestation and signature is absent." Further, Joscos attorney did address this misinformation in their January 5, 2021 email correspondence with Staff." 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." The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order. Cases 15-M-0127, et al. -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston Josco will also refund 215 customers any amounts paid above their local utility's default rate. NEW! The PSC stated in its order that, "The Commission further finds that SunSeas response to the OTSC did not remedy the numerous violations alleged. 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. email or post the website link; unauthorized copying, retransmission, or republication NEW! 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. 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 Analyst - Pricing & Structuring -- Retail Supplier -- Houston ADVERTISEMENT 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, Joscos attorney did address this misinformation in their January 5, 2021 email correspondence with Staff." 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.' 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. Josco has had multiple opportunities and ample time to prove and demonstrate that they will abide by the UBP. Copyright 2010-21 Energy Choice Matters. 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, "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. 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. Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. An ESCO that provides false or misleading information in its eligibility application raises significant concerns regarding the companys ability to operate in conformance with the UBP and Commission orders. 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." Moreover, Josco has violated UBP requirements related to TPVs, as well as the Commissions complaint response procedures," the PSC said Smart One responded that the previously submitted sales agreements were compliant, other documentation had already been included, and other revisions and documents were filed. These transfers shall occur on the customers regularly scheduled meter reading dates. email or post the website link; unauthorized copying, retransmission, or republication -- Energy Operations Analyst of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was marked 'N/A.' SunSea We find that after months of similar complaints without corrective action, the noncompliance became willful. 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." We find that after months of similar complaints without corrective action, the noncompliance became willful. 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 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. 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. NEW! In brief, concerning the eligibility re-applications, the PSC alleges that each ESCO omitted material information from the applications, as more fully described below prohibited. Joscos response included the enrollment documentation and images of refund checks, but no disconnect dates or cost analyses. The required complaint data was also missing from the application package." Section 1.D., which lists all states in which the company has operated during the last 24 months, included only New York. 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. 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. HOME 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. The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. 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. Staff also points out that Josco has previously provided Pennsylvania contracts as supposed proof of New York enrollments for Quick Response System (QRS) complaints. 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. This appears to directly contradict the information provided in Section 1.C. NEW! of the RAAF which, if proven to be the case, would be a violation of the UBP." ; 20-M-0589; 20-M-0446 -- Sales Development Representative (SDR) -- Houston 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. of the RAAF which, if proven to be the case, would be a violation of the UBP." Section 1.D., which lists all states in which the company has operated during the last 24 months, included only New York. 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." of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was marked 'N/A.' 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 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. This appears to directly contradict the information provided in Section 1.C. NEW! 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. HOME NEW! We find that after months of similar complaints without corrective action, the noncompliance became willful. of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, refers to an attachment that lists Starion Energy Inc. as the parent company of Starion Energy PA, Inc. and Starion Energy NY, Inc. Starion answered in the negative when replying 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. Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." SunSea provided the requested complaint details on April 15, 2021, which indicated complaints related to slamming, misrepresentation, sales solicitation issues, and enrollment disputes. email or post the website link; unauthorized copying, retransmission, or republication The final page of the RAAF that includes the attestation and signature is absent." NEW! 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. 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. HOME NEW! -- New Product Strategy and Development Sr. 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 refers to its 'demonstrated commitment to compliance and customer service' with regard to its complaints in New York. NEW! Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was left blank. NEW! 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. 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. NEW Jobs on RetailEnergyJobs.com: 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.' Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." 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. 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." 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." 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 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. 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.'" 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 ADVERTISEMENT Kelcy Warren, the Dallas pipeline tycoon and top donor to Gov. -- Sales Development Representative (SDR) -- Houston 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, "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 response, Starion provided additional information on February 17, 2021. 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. These transfers shall occur on the customers regularly scheduled meter reading dates. -- Sales Development Representative (SDR) -- Houston -- Sales Development Representative (SDR) -- Houston of the initial RAAF and Sections 1.D. Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." -- Sr. Analyst, Structuring -- Retail Supplier 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. 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 Section 1.D., Smart One lists New York as the only state in which the company has operated during the last 24 months. 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. of both the initial and revised RAAFs. NEW! of the initial RAAF and Sections 1.D. 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.' 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 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." 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." NEW Jobs on RetailEnergyJobs.com: 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. 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." 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 Jobs on RetailEnergyJobs.com: 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 ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation 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. Copyright 2010-21 Energy Choice Matters. -- Energy Advisor ; 20-M-0589; 20-M-0446 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's show cause order states, "Josco filed a revised RAAF on April 15, 2021. 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. These facts appears [sic] to directly contradict the information provided in Sections 1.C. 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. 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, "SunSea states that in response to the NOAF, SunSea denied the allegations against it and provided enrollment documentation. 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 -- Senior Energy Intelligence Analyst -- Energy Operations Analyst 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." email or post the website link; unauthorized copying, retransmission, or republication SunSea 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 -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston Section 1.B. 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.B. NEW! NEW! 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." -- Energy Advisor The required complaint data was also missing from the application package." 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 initial RAAF and Sections 1.D. These transfers shall occur on the customers regularly scheduled meter reading dates. -- Senior Energy Intelligence Analyst -- Senior Energy Intelligence Analyst The New York PSC has issued separate orders revoking the ESCO eligibility of Josco Energy Corp ("Josco") and SunSea Energy, LLC ("SunSea"). 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. Copyright 2010-21 Energy Choice Matters. A distributor such as Josco Energy is only able to keep their prices low by receiving their energy supplies from many different sources. Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." NEW! 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. The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. . 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. Smart One -- New Product Strategy and Development Sr. These transfers shall occur on the customers regularly scheduled meter reading dates. prohibited. A bogus solar-power firm, Matinee Energy, that operated in Tucson and Benson, Arizona from 2010 to 2012 was ordered to pay more than $3 million to its victims in a recent federal court ruling. 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. 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