The Need for Consumer Protection in Retail Energy Marketing 2011 NASUCA Annual Meeting St. Louis, Missouri November 15, 2011 Clare McGuire Director, Consumer Energy Program Georgia Watch ext. 14

Natural Gas Deregulation in Georgia July 1, 1998 – Atlanta Gas Light Company became a “pipes only” (storage and distribution) natural gas distribution company (today serves 1.5 million customers throughout Georgia) HB 1568 (eff. Sept. 2002) – recognition that consumers needed more protections

3 All consumers must have the right to receive accurate, easily understood information about gas marketers, services, plans, terms and conditions, and rights and remedies. The information must be unbiased, accurate, and understandable in a written form, which allows for comparison of prices and terms of service.All consumers must have the right to receive accurate, easily understood information about gas marketers, services, plans, terms and conditions, and rights and remedies. The information must be unbiased, accurate, and understandable in a written form, which allows for comparison of prices and terms of service. PSC rule et seq. (Terms of Service; Disclosure Statement; Right to Rescission; Record Retention)PSC rule et seq. (Terms of Service; Disclosure Statement; Right to Rescission; Record Retention) O.C.G.A. § : Natural Gas Consumers Bill of Rights

All consumers must be protected from unfair, deceptive, fraudulent, and anticompetitive practices, including, but not limited to, practices such as cramming, slamming, and providing deceptive information regarding billing terms and conditions of service.All consumers must be protected from unfair, deceptive, fraudulent, and anticompetitive practices, including, but not limited to, practices such as cramming, slamming, and providing deceptive information regarding billing terms and conditions of service. O.C.G.A. § (cont’d.)

Georgia PSC’s Interim Certificate Order: Stream Energy Natural Gas Competition and Deregulation Act requires gas marketer to receive a certificate of authority to market and provide natural gas commodity sales service to retail customers who receive firm service. (OCGA § )

6 Certificate of Authority Requirements Georgia PSC Rule et seq. Georgia PSC Rule et seq. Must show financial and technical capability, including whether certificates of authority for the sale of natural gas have ever been issued by any other state(s) and whether any application for certification has ever been denied and whether any certificate of authority issued to it or an affiliate has ever been suspended, revoked modified or sanctioned cal capability

Certification Standards (cont’d.) The Commission may deny and application for a certificate of authority upon a showing that a marketer or anyone acting in concert with a marketer has a history of violating laws, rules, or regulations designed to protect the public. (GA PSC rule ) Source:

Revocation, Suspension, and Modification of a Certificate of Authority; Sanctions Georgia PSC Rule Any certificate of authority issued by the Commission is subject to revocation, suspension or modification where the Commission finds after notice and hearing that marketer has:Georgia PSC Rule Any certificate of authority issued by the Commission is subject to revocation, suspension or modification where the Commission finds after notice and hearing that marketer has: Repeatedly or willfully failure to meet the obligations of GA law or PSC rule;Repeatedly or willfully failure to meet the obligations of GA law or PSC rule; Engaged in unfair competition, abused its market position or engaged in conduct prohibited by the Georgia Fair Business Practices Act (OCGA )Engaged in unfair competition, abused its market position or engaged in conduct prohibited by the Georgia Fair Business Practices Act (OCGA ) Engaged in activities that serve or could serve to mislead, deceive, or work a fraud on the publicEngaged in activities that serve or could serve to mislead, deceive, or work a fraud on the public

Stream-Georgia’s application (writing on the wall?) Stream intends to solely rely upon the MLM program of its affiliate, Ignite, to promote its natural gas commodity sales service in Georgia. Ignite will promote the MLM strategy and deal directly with all persons involved in the marketing and promoting of Stream-Georgia as a natural gas marketer in Georgia. Upon cross-examination, Stream- Georgia admitted that it had been signing up Independent Associates in Georgia prior to becoming certified to sell natural gas.

Stream-Georgia’s MLM model Individuals paid $329 to become an Ignite Associate (“IA”) and an additional $19.95 each month for support from Stream-Georgia that would include a website. IAs are not employees of Stream or Ignite, but rather act as independent agents working in their own business (e.g., an IA could live anywhere in the US and have the ability to earn commissions by persuading natural gas customers in GA to switch to stream.)

Stream-Georgia’s MLM model The IA can also sign up additional IA’s and earn additional income through sign up bonuses and residual income from the individual efforts of those IA’s, which is part of the MLM strategy.

Ordering Paragraph from the PSC’s Interim Certificate for Stream-Georgia Ordered Further, that Stream-Georgia may not avoid its obligations under this interim certificate, applicable laws, rules or regulations, by contracting with intermediary agents whose practices would result in violations if undertaken by Stream-Georgia, or by contracting in any manner that results in customers not receiving the full protection of these obligations. The Ignite Associates, and any other similar associates, will be considered to be such intermediary agents and the Commission shall hold Stream-Georgia responsible for their actions.

Uh-oh April PSC issue Interim Certificate July 2008 – after PSC Staff referred several complaints to the company, Stream tells PSC staff that a number of customers on Atlanta Gas Light Company’s system may have had their gas service switched to Stream without their consent. Problem with third party verification calls resulting in slammed service.

What happened? A group of customers (“Group B”) requested enrollment with Stream.A group of customers (“Group B”) requested enrollment with Stream. Stream ordinarily would have required either a deposit or (in lieu of a deposit) an automatic bank draft from such customers.Stream ordinarily would have required either a deposit or (in lieu of a deposit) an automatic bank draft from such customers. A number of Group B customers did not agree to an automatic bank draft but were switched anyway.A number of Group B customers did not agree to an automatic bank draft but were switched anyway. PSC staff reviewed 910 TPV phone calls; determined that 288 customers had been slammed by Stream-Georgia.PSC staff reviewed 910 TPV phone calls; determined that 288 customers had been slammed by Stream-Georgia.

May 2009 Stipulation to resolve slamming issue Approximately $104,760 in restitution to slammed customers ($100 plus $5 per day from date of slam through date on which Stream attempted to switch each customer back to his preferred provider and, where applicable, repayment of any early termination fee assessed against slammed customers)Approximately $104,760 in restitution to slammed customers ($100 plus $5 per day from date of slam through date on which Stream attempted to switch each customer back to his preferred provider and, where applicable, repayment of any early termination fee assessed against slammed customers) $50,00 donation to organizations that provide direct assistance to natural gas customers needing bill payment assistance.$50,00 donation to organizations that provide direct assistance to natural gas customers needing bill payment assistance.

O.C.G.A (k) Any consumer determined by the commission to be the victim of slamming shall be able to switch back to his or her desired marketer without any charge. No marketer responsible for slamming a consumer shall be entitled to any remuneration for services provided to that customer, and any refund owed to such a consumer by the marketer who switched the consumer without his or her consent shall be paid within 30 days of the date the commission determined the consumer was a victim of slamming.

O.C.G.A (k), cont’d. No marketer responsible for slamming a consumer who is determined to be a victim of slamming shall report to a credit reporting agency any moneys owed by such a consumer to such marketer; any marketer who violates the prohibition set out in this sentence shall be required by the commission to pay such a consumer $1, for each such prohibited report.

PSC rule and State law regarding record retention Rule : All letters of agency, copies of enrollment materials, recordings or other evidence that a consumer either newly established or initiated a change in service shall be maintained by a marketer for at least nine (9) months from the date on which the customer’s service began. Failure to maintain such records shall constitute prima facie evidence that consent from the customer was not obtained to establish or switch service.Rule : All letters of agency, copies of enrollment materials, recordings or other evidence that a consumer either newly established or initiated a change in service shall be maintained by a marketer for at least nine (9) months from the date on which the customer’s service began. Failure to maintain such records shall constitute prima facie evidence that consent from the customer was not obtained to establish or switch service.

Georgia PSC Rules Go to see “PSC Proceedings column” on the far rightwww.psc.state.ga.us Click on “Georgia PSC Rules” link This will bring you to the Georgia Secretary of State’s website, at which you can review PDF versions of all Georgia PSC rules.

Official Code of Georgia Annotated (O.C.G.A.) Go to Georgia State Legislature website: In the upper left-hand corner, click “Georgia Code” link This will take you to lexisnexis site, for free public access to the O.C.G.A.

Resources at GA PSC website : “Consumer Protection” columnwww.psc.state.ga.us Click on “Natural Gas Marketers’ Prices” link for a monthly comparison of all eleven (11) marketers’ offerings (fixed, variable and senior rates). Columns include: Total Monthly bill for typical customer; Monthly apples to apples price per therm; Marketer filed rate; Customer service charge; and Early termination fees. Natural Gas Marketer scorecard (raw numbers only); 3 categories of complaints: billing, service and deceptive marketing

22 Georgia Watch Contact Information Phone: (404) (866) 33-WATCH (866) Fax: (404) Address: 55 Marietta Street, NW Suite 903 Atlanta, GA Website: