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Maine PUC Staff Recommends Denial Of OPA Supplier Data Requests
Staff of the Maine Public Utility Commission (MEPUC) filed its recommendation to deny OPA’s request for supplier information from the utilities.
Among other things, Staff supported the CEPs’ objection to the request, arguing that:
(1) “following restructuring and the establishment of a competitive market, the requested data is proprietary business information for which the Commission would grant protective treatment”; and
(2) “OPA has not identified a provision of law authorizing it to obtain confidential information for a purpose outside of a formal Commission investigation” and there are no extant formal investigations. AARP and OPA disagreed with Staff’s assessment, and a decision is pending.
On June 24, 2024, parties filed comments on Staff’s recommendation.
- AARP argued that Staff erred in identifying a formal investigation requirement and that MEPUC “should focus on the statutory role and public policy associated with OPA’s request” to analyze “the prices charged by CEPs to residential customers in order to inform that office and the public about the benefits and costs associated with the competitive retail electricity market”; and
- OPA argued that Staff’s “conclusion that there is no legal basis to grant the OPA’s request ignores the clear legislative mandate that the OPA proactively advance the interests of Maine consumers. Specifically, access to the requested data is essential for the OPA to carry out its duties under 35-A M.R.S. § 1702 to review and investigate the reasonableness and adequacy of the service furnished by competitive electricity providers.” As previously reported, the Maine Office of Public Advocate requested access to data on competitive electricity providers (CEPs) from Maine’s large investor-owned utilities (IOUs), in order to “review, investigate, and make appropriate recommendations to the Commission with respect to the reasonableness and adequacy of the service furnished by competitive electricity providers.”
Specifically, OPA requested access to data on competitive electricity providers (CEPs) from Maine’s large investor-owned utilities (IOUs), to “review, investigate, and make appropriate recommendations to the Commission with respect to the reasonableness and adequacy of the service furnished by competitive electricity providers,” as well as for studies and reports required by the Legislature. Specifically, OPA is requesting, for April 2019 through April 2024 for each zip code in the IOU’s territory:
- “the name of each competitive supplier operating;”
- “the total number of residential accounts billed for that supplier at each supply rate offered by that supplier;”
- “the total kWh billed at each rate for supply;”
- “the total non-usage-based monthly fees (e.g. monthly service fees) if any, charged by the supplier (associated with each rate);”
- “the total amount billed for supply on behalf of the CEP, including usage-based and non-usage-based supply charges, but not delivery or transmission charges;”
- “the number of all residential customers who subscribe to Standard Offer Service; and
- the above information with respect to customers on low-income assistance.
Staff Recommendation (06/17/2024)
Opportunity To Comment (05/13/2024)
Request of OPA For Order Providing Access To CEP Data (04/23/2024)
2024-00090 (Opened 04/23/2024)
Request For Access To Competitive Electricity Provider Data Pertaining To Office Of The Public Advocate
