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Excerpt from Conclusion of the Order:

{***} CONCLUSION 

“To reiterate, the Commission directs the utilities to maintain the creation and provision of ECLs, as revised and discussed in this Order. We conclude that the ECL continues to perform an important role in our competitive market and is necessary for a supplier to have to develop specific pricing offers and to provide suppliers with a meaningful opportunity to attract customers. However, given our decade-long experience with the ECL, we conclude that the revisions discussed in this Order are in the best interest of all market participants as they will continue to allow customers to be periodically reminded of their ability to include their information in, or restrict it from, the ECL. The revisions will also significantly reduce the costs to utilities and consumers of creating and maintaining the ECL. We again remind all utilities and suppliers of the importance of maintaining the security and confidentiality of the information on the ECL and of the rules and regulations that address such. Violations of these rules can result in penalties up to and including suspension or cancellation of a supplier’s license. 

To summarize the revisions to the ECL processes discussed in this Order: 

1. Once every five years (instead of the current three years), EDCs and NGDCs will re-solicit their entire residential and small commercial customer base about their options regarding the disclosure of their customer information to suppliers. The utility shall inform the customer of their current status (opted in or out) and the message shall include the information discussed in this order. 
2. Once a customer has elected to opt-out of the ECL, this election shall remain in place unless the customer affirmatively elects at some point to opt back in. 
3. EDCs and NGDCs are free to use electronic methods to communicate with customers about the ECL and to receive responses back from customers via electronic methods, within the limits discussed in this Order.
4. That in preparing future solicitations, customer communications or reminder materials regarding the ECL, all communications must be neutral in informing the customer of the existence of the ECL; what it is and its purpose; what information is included on the ECL; how this information is to be used by suppliers; how the information is to be safeguarded by utilities and suppliers; and the potential benefits to the customers of having their information included on the ECL.” {***}

Order  (03/13/2025

M-2010-2183412(Guidelines for Eligible Customer Lists)