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SmartEnergy Files Response To Order Directing Response And Deferring Hearing In Staff’s Complaint
From Response:
[ *** ] SmartEnergy is unable to increase its appeal bond, or to provide other financial security, given the Maryland Supreme Court’s opinion. SmartEnergy is not aware of other available “supplemental mechanisms” to ensure that the “full amount of SmartEnergy’s customer-refund obligation will be covered,” as requested in the March 4 Order.
Assuming the Court’s opinion is not modified, and after the mandate is issued, SmartEnergy would welcome rational and fair-minded discussions with Commission Staff and OPC to arrive upon refund and civil penalty amounts that SmartEnergy is able to pay. The current predicament is even more disconcerting given that only 34 out of 32,000 customers complained about SmartEnergy’s services, and CAD issued three well-reasoned decisions pursuant to COMAR 20.32.01.04 advising SmartEnergy that its telephone enrollments complied with Maryland law.
Finally, SmartEnergy notes that it dropped its remaining Maryland customers back to their utility by issuing drop requests on February 22, 2024. As of March 21, 2024, 795 of 3,035 remain with SmartEnergy because the utilities have not completed processing the drops. SmartEnergy’s work, however, was 100% complete on February 22.
SmartEnergy’s Response (ML# 308381)
9613 (05/10/2019)
