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EGS Seeks Issuance of Subpoenas Against a Utility in Complaint Proceeding
On May 16, 2026 Inova Energy LLC, a Pennsylvania Electric Generation Supplier (EGS), filed an application for issuance of subpoenas to the Pennsylvania PUC requesting that “the Presiding Officer issue subpoenas pursuant to 52 Pa. Code § 5.421 directed to Orange & Rockland Utilities; and Direct Energy for the production of documents and testimony relevant to the issues in this proceeding.”
Inova Energy alleges that such subpoenas for Orange & Rockland Utilities and Direct Energy Respondents’ are “due to its alleged refusal to provide customer data requested by Inova in its capacity as a licensed EGS.”
Specifically, Inova Energy maintains that “the requested evidence is directly relevant and material to disputed issues in this proceeding, including: (a) whether requested Customer Data exists; (b) whether requested Customer Data is maintained, generated, calculated, transmitted, or otherwise available through Orange and Rockland Utilities; (c) whether Pike has the ability to access, obtain, request, receive, or use such information; (d) whether Electric Generation Suppliers receive such information in connection with Pike customers; (e) whether such information is used for load estimation, scheduling, settlement, reconciliation, capacity allocation, billing, forecasting, or related purposes; and (f) whether Pike’s refusal to provide such information to Inova is consistent with its operational use and availability.”
“During the discovery process respondents have asserted that certain requested customer data is not available, not within their possession, or is maintained by third parties, including Orange and Rockland Utilities, Inc.”
“Orange and Rockland Utilities have acknowledged that: (a) Orange and Rockland Utilities performs load estimation, settlement, reconciliation, and related operational functions for Pike customers; (b) Pike relies upon information generated, maintained, or processed through Orange and Rockland Utilities; (c) Pike has requested and obtained customer-related information from Orange and Rockland Utilities; and (d) certain requested data may be derived, generated, or maintained through Orange and Rockland Utilities’ systems. The requested subpoenas are necessary to determine the existence, availability, accessibility, transmission, and use of such information.”
Inova Energy maintains that the requested subpoenas are necessary to establish the following facts:
- Whether customer usage, load profile, load profile strata, peak demand, peak/off-peak usage, PLC, ICAP, capacity obligation, settlement, reconciliation, and related Customer Data exists for Pike customers.
- Whether Orange and Rockland Utilities maintains, generates, calculates, stores, receives, transmits, or otherwise possesses such information.
- Whether Pike has access to, control over, or the ability to obtain such information from Orange and Rockland Utilities.
- Whether any Electric Generation Supplier receives such information relating to Pike customers.
- Whether Customer Data relating to Pike customers is transmitted through EDI transactions, FTP transfers, file exchanges, or other electronic means.
- Whether information identified in the November 20, 2018, Joint Petition for Settlement, the January 17, 2019, Order, the February 19, 2019, Order, and the November 30, 2018, Recommended Decision is generated, maintained, transmitted, or otherwise available for Pike customers.
- Whether Customer Data identified as being available “if available” under the Commission approved settlement exists within systems utilized by Pike or Orange and Rockland Utilities.
- Whether Pike’s refusal to provide requested Customer Data to Inova is inconsistent with the manner in which such information is generated, maintained, transmitted, accessed, or used in the operation of Pike’s electric system.
- Whether Customer Data identified in Paragraph 13(d) of the November 20, 2018, Settlement and discussed in the Recommended Decision at Docket No. P-2018-3002709 was generated, maintained, calculated, transmitted, or otherwise available through O&R for Pike customers.
- Whether the Customer Data available to Direct Energy LLC as an Electric Generation Supplier operating within Pike’s service territory differs from, exceeds, or is otherwise inconsistent with the Customer Data provided to Inova Energy LLC.
