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In its amended petition, the municipalities clarify that the municipalities no longer seek from the PUC a ruling affirming the Boroughs’ have the authority to adopt a community choice aggregation (CCA).  

The Boroughs amended petition says that its “primary request” is a finding that customer aggregation on an opt-out basis does not constitute slamming.  Specifically, the Boroughs continue to seek a finding that a retail supplier’s enrollment of customers under the Boroughs’ CCA would not constitute slamming in violation of Section 2807(d)(1) of the Public Utility Code.

In the amended petition, the Boroughs also seek to add the Borough of Camp Hill as an additional petitioner.

As previously reported, seven Pennsylvania boroughs sought a declaratory ruling from the Pennsylvania PUC that would generally allow the boroughs to implement an opt-out municipal aggregation have narrowed the scope of their sought findings under an amended petition.

Excerpts from Amended Petition:
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Opt-Out Program Participation by Licensed EGSs
4.  The Boroughs wish to clarify their request for a declaratory order that EGSs can participate in the CCA program as proposed. This is the Borough’s primary request. The Boroughs specifically request an order that the CCA program as proposed, including the specific stipulations presented at Paragraphs 5 – 9 of the Petition and certain additional stipulations below, does not reduce customers’ competitive options and provides important public benefits, and accordingly, participation by licensed EGSs does not violate Section 2807(d)(1) of the Public Utility Code.

Licensing of the CCA Administrator
5.  The Boroughs withdraw their request for a declaration that the CCA Administrator need not be licensed as an EGS, and instead stipulate that the Boroughs will require the CCA Administrator to be licensed as an EGS. This will ensure that, in addition to the selected EGS(s), the CCA Administrator is fully subject to the Commission’s jurisdiction not only with respect to licensing requirements as such but also in respect to customer disclosures, customer data management and reporting to the extent not specifically waived pursuant to this petition.

Data requests and transfers
As a licensed EGS, the CCA administrator will have access to EDC Eligible Customer Lists. Those lists already include almost all customer data that the Boroughs will need to launch their CCA programs.1 The Boroughs, therefor, limit their request and ask the Commission to approve release by EDCs to the CCA Administrator the following additional data (but only in the context of the Boroughs’ proposed program):

• Email address.
• Preferred language (to the extent available).
• Participation in an EDC budget bill program. 

The first two will help to ensure effective communication of opt-out rights to customers.2 The third is to ensure that customer billing choice is honored upon participation in the CCA and is only necessary for EDCs that are exclusively bill ready.

The Powers of and License Requirements for Boroughs
7.  The Boroughs amend their request for a declaration that the Boroughs have the corporate power to adopt the CCA program. Without prejudging the Commission’s view of the scope of its jurisdiction, we understand that the Commission may be reluctant to make this declaration.3 Assuming the Commission determines that EGSs can participate in the CCA program as described above, the Boroughs request instead a Commission declaration that, it does not, particularly in the light of the requirements of the ERA, oppose the Borough’s adoption of the CCA program on any other basis in the Public Utility Code or other statues in the Commission’s jurisdiction. The Boroughs continue to request a declaration that they themselves are not required to be licensed as EGSs to adopt the CCA program.  {***}

Amended Petition For Declaratory Order  (09/05/2024)
P-2024-3049623
The Boroughs of Carlisle, Hatboro, Lansdowne, Media, Narberth, State College, and Swarthmore filed Petition for Declaratory Order Regarding the Implementation of Community Choice Aggregation.