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Office Of People’s Counsel Files Response To SmartEnergy’s Request for Clarification And Stay Of Order
From Response:
[ *** ] SmartEnergy has spent years denying responsibility for its unlawful conduct and months attempting to delay its obligations under the Commission’s orders. Its latest request continues that pattern—seeking to reduce refunds, avoid accountability, and rewrite the terms of its departure from Maryland. The Commission should not countenance this conduct. Accordingly, OPC requests that the Commission: (a) expeditiously rule, approving the payment of 40.7 cents on the dollar to each affected customer owed a refund and resetting the 90-day timeline for refund payments and the 30-day timeline for interest accrual to begin to run on the date of the Commission’s order on SmartEnergy’s motion; (b) order that SmartEnergy cooperate with Staff and OPC on a method for delivering refunds to affected customers, including by ensuring “inactive” customers are not left off refund lists; (c) reject SmartEnergy’s request to pay certain refund checks directly to energy assistance programs without attempting to pay the customer at a last known address; and (d) reject other SmartEnergy requests as set forth in this response, including its request to deem its license voluntarily surrendered.
Maryland customers are owed refunds now. SmartEnergy has had more than enough time to prepare. Its request to divert payments away from customers it has not attempted to locate, redefine enforcement consequences, and avoid transparency by having its license deemed “voluntarily surrendered” must be rejected.
OPC’s Response (ML# 319065) (05/21/2025)
9613 (05/10/2019)
(In The Matter Of The Complaint Of The Staff Of The Public Service Commission Against SmartEnergy Holdings,LLC D/B/A SmartEnergy)
