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From Order: 

[ *** ] On August 15, 2025, SmartEnergy Holdings LLC (“SmartEnergy”) filed a motion with the Commission requesting, in the alternative, either (1) an extension of the compliance dates in Order Nos. 91626 and 91676 to allow the parties to mediate a dispute involving the wording of two customer letters that the Commission had required SmartEnergy to send to its former customers, or (2) that the Commission decide the matter without mediation. SmartEnergy’s proposed letters are included as Exhibits A and B of SmartEnergy’s filing. The motion follows SmartEnergy’s request for assistance for a compliance-related dispute, directed to the Chief Public Utility Law Judge, as provided for in Order No. 91676.

SmartEnergy stated that the dispute concerned language that the Office of People’s Counsel (“OPC”) had proposed, namely the following sentence: “By accepting this refund from SmartEnergy, you are not waiving any individual legal claims or rights you may have against SmartEnergy.” SmartEnergy argued that this language goes beyond the Commission’s requirements and is inappropriate and inaccurate legal advice. 

On August 18, 2025, OPC filed a response to SmartEnergy’s motion, arguing that the requested language is both legally accurate and necessary because of the need to inform SmartEnergy’s former customers of their potential rights to bring private causes of action, and to prevent confusion. OPC requested that the Commission decide the issue directly, rather than send the parties to mediation, noting that in its view mediation is unlikely to be successful.

COMMISSION DECISION 

While mediation is often the preferred course of action, the issue presented here does not readily lend itself to that process. Having considered the arguments presented, the Commission concludes that the language that OPC proposes to include is beyond what the Commission required in Order Nos. 91626 and 91676. Furthermore, it would be inappropriate for letters to customers to address any legal rights or claims that customers may have beyond the limited scope of the Commission’s decision in this matter. OPC’s request that the disputed language be included in the customer letters is therefore denied. At the same time, SmartEnergy is also directed not to include any language akin to or stating that “by signing this check the customer hereby releases SmartEnergy from any and all claims arising from the complaint adjudicated by the Commission in this matter.” If the question of customer rights or claims arises beyond the Commission’s resolution of this matter, that question is left to the judgment of the court or other body before whom such future disputes are brought. 

IT IS THEREFORE, this 27th day of August, in the year of Two Thousand Twenty-Five, by the Public Service Commission of Maryland, ORDERED: 

1. that the Office of People’s Counsel’s request to require the inclusion of its proposed language in customer letters is denied; and 
2. that SmartEnergy shall not include any language, or language akin to, “by signing this check the customer hereby releases SmartEnergy from any and all claims arising from the complaint adjudicated by the Commission in this matter.” [ *** ] 

Order (ML# 321888) (08/27/2025)
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)