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Public Utilities Commission of Ohio (PUCO) approves Vista Energy Marketing’s waiver request regarding required independent third-party telephone verification (TPV) door-to-door (D2D) enrollments. 

Excerpts from the Order:
{***}The Commission grants Vista Energy Marketing, LP’s request for a waiver of certain provisions of Ohio Adm.Code Chapters 4901:1-21 and 4901:1-29, which require an independent third-party verification by telephone to ensure the validity of a customer enrollment that occurs through door-to-door solicitation, subject to Staff’s conditions and consistent with this Entry. Vista Energy Marketing LP is authorized to complete the verification process through digital confirmation following a door-to-door enrollment.” {***}

Excerpts from C. Commission Conclusion:
{***} {¶ 23} In the application, Applicant requests a waiver of the Electric and Gas TPV Rules to give customers the option of third-party verification through a digital confirmation platform; Applicant further requests a waiver of relevant provisions of Ohio Adm. Code 4901:1-21-06(D)(2)(a)(i) through (xii) and Ohio Adm.Code 4901:1-29-06(E)(1)(a)-(k) to the extent that the Electric and Gas TPV Rules require door-to-door TPVs be conducted in accordance with telephonic enrollments. Specifically, the requested waiver would expand references in these rules to terms, including but not limited to, “audio recording,” “telephonically,” and “verbal,” such that a customer’s election to pursue digital TPV would be deemed compliant with these rules. In practice, when the digital TPV process is selected, the customer’s verification will occur through text or email prompts instead of telephonic voice communication. The verification information is not changed—only the medium for the communication. Applicant also seeks to develop an in-house platform for the digital 22-332-GE-WVR -11 – TPV process and requests waiver of the requirement that there must be an “independent” third-party verifier. 

{¶ 24} The Commission has reviewed the following information: Applicant’s request for waiver and the comments filed by Applicant, Consumer Groups, and Staff. Initially, we note that Ohio Adm.Code 4901:1-21-02(C) and Ohio Adm.Code 4901:1-29-02(C) provide that the Commission may, upon an application or a motion filed by a party, waive any requirement of Ohio Adm.Code Chapter 4901:1-21 and Ohio Adm.Code Chapter 4901:1-29, respectively, other than a requirement mandated by statute, for good cause shown. The Commission finds that Applicant has shown good cause for the requested waiver. Accordingly, Applicant’s request for a waiver of the provisions of the Electric TPV Rule and Gas TPV Rule is granted, subject to Staff’s conditions and consistent with this Entry. Applicant is authorized to confirm enrollments using digital TPV when requested by customers following a door-to-door enrollment only. In granting this waiver, we are allowing Applicant to use another enrollment verification option during door-to-door sales in addition to telephonic TPV, which is still available if customers prefer. Further, as noted above, granting this waiver only changes the medium through which the TPV information is communicated—the TPV information provided during digital TPV remains the same as that required in the Commission rules. 

{¶ 25} The Commission acknowledges Vista’s attempt to use technology to replicate the intent of existing rules governing door-to-door enrollment procedures. However, in an attempt to further protect consumers against the potential for unauthorized enrollments, we will require enhancements to the processes defined by Vista in its application. That is, the Vista information technology must ensure that each enrollment attempt is logged with unique identifiers (e.g., IP address, device ID) and flagged if multiple enrollments occur from the same source, such as the same PC or device. The flagging mechanism must alert Vista when two or more unrelated electronic customer verifications involve the same unique identifiers or when two or more electronic transmissions originating at Vista and directed to unrelated customers are sent to the same email address. 22-332-GE-WVR -12 – Should either alert be triggered, Vista is obligated to fully investigate the occurrence and take affirmative action to cure the customer enrollments and to adopt measures to prevent a recurrence. 

{¶ 26} With the requested waiver thus modified, Applicant is authorized to substitute digital enrollment verification in lieu of telephonic verification when that substitution is selected by the enrolling customer. When the digital enrollment verification is requested, the customer will verify, acknowledge, and confirm TPV information through “yes/no” questions on the customer’s personal communication device after the salesperson has left the customer’s property. Applicant must continue to ensure that all specific items listed in the rules are verified with the customer in clear, plain language regardless of whether the responses are electronic or telephonic. {***}

Order  (12/04/2024)
22-332-GE-WVR   (04/06/2022)
Vista Energy Marketing LP – Request For Waiver Of Rules Or Order