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Office Of People’s Counsel Files Response To Staff And Joint Utilities Regarding Cessation Of Residential POR
The Maryland Office of People’s Counsel filed a response to staff and joint utilities on PC 65 Senate Bill 1 (“SB 1”) cessation of residential purchase of receivables (“POR”). OPC indicating in the filing that overall it supports the recommendations of staff with the exception of staff’s recommendation that the utilities identify non-compliant suppliers in a confidential filing rather than a public filing.
From OPC’s comments:
[ *** ] OPC supports Staff’s recommendations regarding the winding down of the residential POR program in PC 65. However, OPC takes exception to the recommendation that the reporting requirements on non-compliant suppliers be filed confidentially.
Such a confidential designation of the names of non-compliant suppliers and the number of affected customers, is inconsistent with the goals of SB 1 and the Maryland Public Information Act (“MPIA”). The implementation of SB 1 consumer protection reforms requires transparency to enable effective oversight and a well-functioning market. The Commission should ensure the public receives timely, accurate, and nonconfidential information regarding supplier activity to clarify, not obscure, market conditions. [ *** ]
The Commission should order the utilities to report, in public filings with the Commission, the names of retail suppliers who have failed to drop customers in accordance with the Commission’s order, as well as the affected number of customers. Staff has cited no reason under the Maryland Public Information Act for keeping the names of non-compliant suppliers, and the number of affected customers, confidential, and failing to publicly report that information runs afoul of both the MPIA and the transparency policies at the heart of SB1 consumer protection reforms.
A report containing names of retail suppliers who have failed to comply with Commission orders implementing Maryland law does not qualify for confidential treatment under the limited exceptions in the MPIA or relevant case law. [ *** ]
As reported previously, Staff filed revised proposal on November 26, 2025, noting that the only billing option available after December 31, 2025, will be dual billing. Staff therefore supported the utilities reaccommodation that they be allowed to drop any remaining UCB residential customers to SOS. “Staff agrees with the Joint Utilities that this is an issue requiring Commission action because there may be suppliers that fail to switch all or some of their residential retail customers to dual billing or fail to drop these customers to default service.”
“If a supplier fails to initiate the drop to SOS or a switch to dual billing, the utility system will continue to bill any remaining accounts under the current UCB POR system, as utilities have not implemented system changes at this time. The proposed solution is to remove any remaining accounts from retail supplier service to prevent POR billing from happening. Staff recommends that the Commission issue an order that allows utilities to drop existing residential retail choice customers served under UCB/POR if the customer’s supplier fails to either drop the customer to default service or switch to dual billing,”
OPC’s Comments (12/04/2025)
Staff Response (11/26/2025)
PC65 (07/23/2024)
(Accounts Receivable Related To Residential Electric And Gas Supply)
