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Excerpts from the Xoom Testimony:

My testimony supports the Stipulation and Recommendation (“Stipulation”) filed in this 12 proceeding. I urge the PUCO to promptly approve the unopposed Stipulation.

Q8. Please describe the Stipulation. 

A8. The Stipulation is intended to resolve all issues related to the Commission’s investigation, which is based on the Notice Letter. XOOM and Staff have agreed to, and OCC does not oppose, the stipulated terms for resolving this proceeding, without the Stipulation being an admission or a finding of violation or liability. While I list and discuss in greater detail  below the key components of the Stipulation (which are listed in Sections A-K of the  Stipulation), the resolution of the issues related to the Commission’s investigation (and 16 based on the Notice Letter) confirms that in 2021, XOOM promptly investigated the initial questioned enrollments and those linked to a small group of independent representatives of  ACN; XOOM properly resolved those questioned enrollments, and XOOM implemented  appropriate enhancements to its sales quality process based on the investigation. The Stipulation affirms that XOOM also conducted a more extensive audit of all enrollments between January and June 2021 prompted by independent representatives from ACN and XOOM has agreed to reverse certain additional enrollments – return certain additional customers to utility default service and rerate them, plus as specified in the Stipulation give a refund per enrolled account and pay any customer-verified switching fee or early termination fee incurred. In addition, XOOM agrees to pay the Staff-proposed forfeiture in the full proposed amount of $120,000 and to make a sizeable donation to assist Ohioans with paying their utility bills. The Stipulation is conditioned upon Commission approval as is, without any material modification. The Stipulation was heavily negotiated by the parties, is in the public interest, and is unopposed. {***}

Q13. Please describe the fifth key component (Section E) of the Stipulation. 

A13. Section E states that, for an agreed-upon and identified subset of 284 customers whose enrollments with XOOM were part of the review of enrollments in the first six months of  2021 and involved ACN, XOOM agrees to:

1. Return such customers to their utilities’ default service and rerate hem and also refund to each such customer an amount equal to $75.00 for each account being returned to utility default service. Some customers have gas and electric accounts, so a customer with both gas and electric accounts with XOOM would receive a total of $150.00 ($75.00 for the gas account and $75.00 for the electric account). 
2. Notify such customers by letter about their return to the utility default service, which notice the Staff will review and approve.  XOOM will provide the notice to OCC at the same time it is provided to the Staff. The notice will: state that the rates for utility default service have increased and that the utility default service may not provide the lowest price to consumers; direct consumers to onsult the PUCO’s Apples-to-Apples comparison charts for more information; state the applicable utility’s most current price-tocompare; and contain a link to OCC’s Wise Energy Choices Fact Sheet on the OCC website. XOOM will provide a copy of the final form notification to OCC as well. 
3. Refund or credit any customer-verified switching fee imposed when the customer switched to XOOM’s service. 
4. Refund or credit any customer-verified early termination fee imposed when the customer switched to XOOM’s service. 
5. XOOM will provide confirming documentation to OCC of the rerate and the $75 refund provided to each such customer and provide verification that the notification described in Section E.2 above was provided to such customers.

Zoom Energy Testimony  (02/27/2024)
22-0267-GE-COI (04/18/2022)