Pennsylvania’s Missing Supplier Electric Choice Reports

October 6, 2014

The Pennsylvania Public Utility Commission has stated that only about half of the active electric generation suppliers filed the required annual sales activity report for 2013. It noted that it received 47 supplier reports for 2013, and that it expected to receive 96 supplier reports. These reports are mandated by the Commission’s regulations. 52 Pa. Code §§ 54.201 to 54.204. Reports for 2013 were due by April 30th.52 Pa. Code §54.203(a)(6).

It is unclear if the Commission will commence enforcement actions against the non-filing suppliers. But, it is clear that the Commission made an effort to remind suppliers of their reporting obligations. In September 2013, the Bureau Director of Technical Utility Services (TUS) sent a memo via email to remind suppliers of their reporting obligations for retail electricity choice activity. The memo was also posted on the Commission website. You can view a copy at this link: https://www.puc.pa.gov/Electric/pdf/AEPS/EGS_Ann_Reporting_Requirements_Memo092613.pdf.

The Commission is required to, inter alia, conduct milestone reviews of the development of the retail market for the supply of electricity. 52 Pa. Code § 54.201. The data is also used to compile its annual Retail Electricity Choice Activity Report. Due to confidentiality concerns, the data is reported in the aggregate and does not disclose individual supplier market shares. 52 Pa. Code § 54.204. The Retail Choice Activity Reports are available at https://www.puc.state.pa.us/utility_industry/electricity/retail_choice_activity_reports.aspx

This Eckert Seamans Energy and Utilities Blog is intended to keep readers current on matters affecting businesses and is not intended to be legal advice.  If you have any questions about the content of this post, please contact Carl Shultz at (717) 255-3742; cshultz@eckertseamans.com.

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