News Stories

The Commission had previously issued three separate Show Cause Orders to Mpower.  Mpower timely responded to two of the Show Cause Orders and provided a late response to the third.  In the first Show Cause Order, “Staff contended that Mpower: (1) apparently failed to transition customers to compliant contracts following the effective date of relevant portions of the December 2019 Order, which was April 16, 2021; (2) apparently violated UBP Section 2.5.b by failing to honor the terms of a sales agreement that committed the Company to purchase a specified percentage of Renewable Energy Credits (RECs); (3) apparently violated UBP Section 5.B.5.d by failing to obtain affirmative customer consent to transfer customers to a compliant product; and (4) apparently violated the December 2019 Order by failing to follow the Environmental Disclosure Label Program (EDP) rules to retire RECs to match its load obligations.”

The second Show Cause Order, “alleged that Mpower: (1) apparently failed to comply with the December 2019 Order by again failing to properly “enroll new residential or small non-residential customers (mass market customers) or renew existing mass market customers for gas and/or electric service” on compliant products following the effective date of that order; (2) apparently failed to comply with the December 2019 Order by lacking “transparency of information and disclosures provided to the customer with respect to pricing and commodity sourcing”; (3) apparently violated UBP Section 2.B.1.a.vii by failing to “disclose any history … of merger, or acquisition activities in the 24 months preceding the date of [the Retail Access Eligibility Application Form, or RAAF],” including for affiliates; (4) apparently violated UBP Section 2.D.2 by failing to update its 2024 RAAF to disclose to Staff that Dira Realty is affiliated with Mpower; and (5) apparently violated UBP Section 2.D.4.a by failing to inform Staff of “major changes in the information submitted in the [RAAF] and/or application package” to disclose to Staff that Dira Realty is an affiliate of Mpower.”

In the third Show Cause Order, “Staff identified discrepancies in certain customer accounts that appeared to lack associated contracts and verifiable proof of authorization.  Staff also contended that certain Mpower customers apparently continued to receive noncompliant products despite the product restrictions and transition requirements implemented by the December 2019 Order.  Staff also noted Mpower’s shifting representations in response to Staff questions regarding a mass market account with a contract that reflected an April 2025 enrollment on a GSP, despite Company statements that it did not “offer” a GSP to customers.  Thus, Staff alleged that Mpower: (1) apparently violated UBP Section 4.B.1 by failing to obtain proper customer consent for enrollments; (2) apparently violated UBP Section 5.D.4 by failing to submit enrollment requests after obtaining customer authorization and providing corresponding sales agreements to customers; (3) apparently violated UBP Section 4.B.3 by failing to produce requested sales agreements to Staff within five calendar days of such a request; (4) apparently failed to transition certain customers to and enroll those customers on a compliant product, in violation of the December 2019 Order; and (5) apparently violated UBP Section 2.D.5.d by providing misleading and inconsistent information to Staff regarding its GSP.”

The Commission’s Final Order finds that Mpower:

“1) Violated the December 2019 Order by failing to transition customers to compliant contracts (OTSC 1);

2) Violated UBP Section 2.5.b by failing to honor the terms of a sales agreement that committed the Company to purchase a specified percentage of RECs (OTSC 1);

3) Violated UBP Section 5.B.5.d by failing to obtain affirmative customer consent to transfer customers to a compliant product (OTSC 1);

4) Violated the December 2019 Order by failing to comply with EDP rules that required it to retire RECs to match its load obligations (OTSC 1);

5) Violated the December 2019 Order by failing to transition customers to compliant contracts a second time (OTSC 2);

6) Violated the December 2019 Order by failing to maintain transparency of information and disclosures for customers with respect to pricing and commodity sourcing (OTSC 2);

7) Violated UBP Section 2.B.1.a.vii by failing to disclose any history of merger or acquisition activity in the 24 months preceding the date of its 2024 RAAF (OTSC 2);

8) Violated UBP Section 2.D.2 by failing to update its 2024 RAAF to disclose an affiliate to Staff (OTSC 2);

9) Violated UBP Section 2.D.4.a by failing to inform Staff of any major changes in the information submitted in the RAAF and/or application package to disclose the existence of an affiliate (OTSC 2);

10) Violated UBP Section 4.B.1 by failing to obtain proper customer consent for enrollments (OTSC 3);

11) Violated UBP Section 5.D.4 by failing to submit enrollment requests after obtaining customer authorization and providing corresponding sales agreements to customers (OTSC 3);

12) Violated UBP Section 4.B.3 by failing to produce requested sales agreements to Staff within five calendar days of such a request (OTSC 3);

13) Violated the December 2019 Order by failing to transition customers to compliant contracts a third time (OTSC 3); and

14) Violated UBP Section 2.D.5.d by providing misleading and inconsistent information to Staff regarding its GSP (OTSC 3).”

Mpower’s ability to serve as an ESCO was revoked and Mpower’s customers were ordered to return to default service.

23-M-0287
Proceeding On Motion Of The Commission To Seek Consequences Against Mpower Energy LLC For Violations Of The Uniform Business Practices