The PSC stated in its order that, "SunSea states that in response to the NOAF, SunSea denied the allegations against it and provided enrollment documentation. The PSC stated in its order that, "Josco refers to its 'demonstrated commitment to compliance and customer service' with regard to its complaints in New York. -- New Product Strategy and Development Sr. Of the 93 total cases listed in the attachments to the Order, Staff identified 73 cases where the refund was denied or not provided in response to the QRS/SRS and NOAF, but then granted after the OTSC. -- Sales Development Representative (SDR) -- Houston Smart One responded that the previously submitted sales agreements were compliant, other documentation had already been included, and other revisions and documents were filed. of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was marked 'N/A.' The PSC's show cause order states, "On December 8, 2020, Smart One filed an application, signed by the Chief Executive Officer (CEO) seeking to comply with the December 2019 Order. Of the 93 total cases listed in the attachments to the Order, Staff identified 73 cases where the refund was denied or not provided in response to the QRS/SRS and NOAF, but then granted after the OTSC. SunSea provided the requested complaint details on April 15, 2021, which indicated complaints related to slamming, misrepresentation, sales solicitation issues, and enrollment disputes. The final page of the RAAF that includes the attestation and signature is absent." Pink Energy filed a lawsuit against that company. Copyright 2010-21 Energy Choice Matters. President and Chief Executive Officer at Josco Energy Monsey, New York, United States. Moreover, failure to provide required information in an eligibility application diminishes and circumvents the enhanced eligibility criteria adopted in the December 2019 Order," the PSC said The PSC's show cause order states, "On November 17, 2020, Starion filed an application, signed by Starions Chief Operating Officer (COO), seeking to comply with the December 2019 Order. Staffs review of the sales calls found that the majority of the agents spoke very quickly and merely completed the script and connected the customer to the TPV. Section 1.B. That, combined with the consistent complaints about misleading sales tactics and promises of rebates, rewards, and/or discounts, is not indicative of high standards of customer service." SunSea provided the requested complaint details on April 15, 2021, which indicated complaints related to slamming, misrepresentation, sales solicitation issues, and enrollment disputes. "In order to effectively regulate ESCOs operating in New York State, the Commission must ensure that truthful and accurate information is provided to the Commission and Staff. NEW! NEW! With respect to the revocation of Sunsea's current eligibility, see our prior story for background on the alleged violations and a prior December 2020 show cause order The PSC stated in its order that, "SunSea also remarked that it strives 'to achieve the highest standards of customer satisfaction, and takes its compliance obligations, its relationship with regulatory authorities, and the handling of consumer inquiries and complaints very seriously.' With respect to the revocation of Sunsea's current eligibility, see our prior story for background on the alleged violations and a prior December 2020 show cause order "Starion is in the process of reviewing the Public Service Commissions Order to Show Cause and will respond accordingly." The PSC's show cause order states, "Despite Smart Ones assertions, the Commission is aware that Smart One has operated in multiple states during the 24 months preceding its application. Joscos response included the enrollment documentation and images of refund checks, but no disconnect dates or cost analyses. Cases 15-M-0127, et al. of both the initial and revised RAAFs. of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was marked 'N/A.' In Section 1.E., Starion notes the other trade name used in other states is 'Starion Energy NY, Inc.' The information provided by Starion in these sections indicates that Starion has two affiliates, operates only in New York and Ohio, uses only the trade name 'Starion Energy NY, Inc.' in other states, and that no senior officer of the ESCO applicant or entity holding ownership interests of 10% or more in the ESCO has had any criminal or regulatory sanctions imposed within the last 36 months. Smart One answered 'no' in response to Section 1.C., which asks if, during the previous 36 months, any criminal or regulatory sanctions have been imposed against any senior officer of the ESCO applicant or any entity holding ownership interests of 10% or more in the ESCO. The final page of the RAAF that includes the attestation and signature is absent." These transfers shall occur on the customers regularly scheduled meter reading dates. Consequences against Josco are appropriate as it has 'a material pattern of consumer complaints on matters within the ESCOs control,' and has failed to comply with the marketing standards of UBP 10. of both the initial and revised RAAFs. -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston -- Sales Development Representative (SDR) -- Houston In fact, Josco has demonstrated the opposite, as proven by the fact that the complaint types remained the same over the course of four years and the QRS responses were consistently insufficient during that time, even when Staff provided multiple notices of violations and deficiencies." of the RAAF which, if proven to be the case, would be a violation of the UBP." The list of all trade names used in other states, as required in Section 1.E., was marked 'N/A.' Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." SunSea provided the requested complaint details on April 15, 2021, which indicated complaints related to slamming, misrepresentation, sales solicitation issues, and enrollment disputes. prohibited. That, combined with the consistent complaints about misleading sales tactics and promises of rebates, rewards, and/or discounts, is not indicative of high standards of customer service." Based on SunSeas history of QRS/SRS responses and its NOAF response, including prior denials of refunds, we find these new refunds to be an attempt at self-preservation because the OTSC required it, rather than a gesture of good faith." These transfers shall occur on the customers regularly scheduled meter reading dates. of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was left blank. "[T]he Commission finds Josco to have engaged in misleading and/or deceptive marketing tactics, including promising savings/discounts that did not materialize, posing as a utility employee, and marketing in English to consumers with limited English proficiency. -- New Product Strategy and Development Sr. NEW! Cases 15-M-0127, et al. -- New Product Strategy and Development Sr. NEW! The PSC stated in its order that, "Josco further claims that it has 'consistently worked and continues to work cooperatively and proactively with Staff to quickly and fairly address customer issues and complaints.' Smart One answered 'no' in response to Section 1.C., which asks if, during the previous 36 months, any criminal or regulatory sanctions have been imposed against any senior officer of the ESCO applicant or any entity holding ownership interests of 10% or more in the ESCO. and 1.D. ADVERTISEMENT The PSC's show cause order states, "On November 17, 2020, SunSea filed an application, signed by their CEO, seeking to comply with the December 2019 Order. Energy Choice Ohio provides you with an apples-to-apples comparison of various providers. On August 2, 2019, the Maryland Public Service Commission issued its Order Suspending Retail Supply License, Imposing Civil Penalty, and Directing the Transfer of Service against Smart One. We find that after months of similar complaints without corrective action, the noncompliance became willful. With respect to the revocation of Josco's current eligibility, see our prior story for background on the alleged violations This is also not indicative of a company that has been taking its relationship with regulatory authorities seriously since the allegations included questionable marketing practices and misrepresentation, not just disputed enrollments." ADVERTISEMENT -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston This is also not indicative of a company that has been taking its relationship with regulatory authorities seriously since the allegations included questionable marketing practices and misrepresentation, not just disputed enrollments." -- Senior Energy Intelligence Analyst This is also not indicative of a company that has been taking its relationship with regulatory authorities seriously since the allegations included questionable marketing practices and misrepresentation, not just disputed enrollments." Section 1.B. . Cases 15-M-0127, et al. The PSC's show cause order states, "On November 18, 2020, Josco filed an application, signed by the Vice President of Operations, seeking to comply with the December 2019 Order. The PSC stated in its order that, "SunSea states that 'this unfortunate circumstance is not due to willful noncompliance, but rather the rogue actions of marketing vendors. In Section 1.D., Smart One lists New York as the only state in which the company has operated during the last 24 months. -- Energy Advisor In Section 1.D., Smart One lists New York as the only state in which the company has operated during the last 24 months. Section 1.B. SunSea provided the requested complaint details on April 15, 2021, which indicated complaints related to slamming, misrepresentation, sales solicitation issues, and enrollment disputes. of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, refers to an Attachment that now lists Joscos affiliates as Josco Energy MA, LLC, Josco Energy IL, LLC, and Josco Energy USA, LLC. Section 1.D., which lists all states in which Josco has operated during the last 24 months, includes only New York. Of the 93 total cases listed in the attachments to the Order, Staff identified 73 cases where the refund was denied or not provided in response to the QRS/SRS and NOAF, but then granted after the OTSC. On November 21, 2019, the Commonwealth of Virginia State Corporation Commission issued a Rule to Show Cause against Smart One Energy for violations of the Rules Governing Retail Access to Competitive Energy Services. It stated that 'the company only operates in New York State and the companys complaint data is on file with [Staff].'" The significant number of complaints filed against Josco between 2016 and 2020 alleging marking violations demonstrate a material pattern of complaints on matters within Joscos control." Email This Story The PSC's show cause order states, "Staff notes that the answers indicating that Josco only operates in New York are contradicted by the Third Party Verification (TPV) script that was also submitted by Josco. Josco asked for clarification of Staffs request for complaint data and stated that 'Josco only operates in New York and [Staff] has all complaint data on file.'" -- Account Operations Manager -- Retail Supplier -- Energy Operations Analyst The script lists choices of utilities in Illinois, Maryland, Massachusetts, New Jersey, New York, Ohio, and Pennsylvania. NEW! NEW! of the RAAF, which requests a list of energy affiliates including upstream owners and affiliates, was marked 'N/A.' -- Senior Energy Intelligence Analyst The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. "[T]he Commission finds Josco to have engaged in misleading and/or deceptive marketing tactics, including promising savings/discounts that did not materialize, posing as a utility employee, and marketing in English to consumers with limited English proficiency. The OTSC directed Josco to provide four pieces of information pertaining to the 13 listed complaint cases, including: enrollment documentation, disconnect dates, cost analysis, and refund information. -- Energy Operations Analyst Josco The PSC stated in its order that, "SunSea also remarked that it strives 'to achieve the highest standards of customer satisfaction, and takes its compliance obligations, its relationship with regulatory authorities, and the handling of consumer inquiries and complaints very seriously.' The attorney general of Ohio on Thursday moved to add new defendants to his state lawsuit against FirstEnergy Corp, including the company's ex-chief executive Charles Jones who was fired last year . prohibited. We find that after months of similar complaints without corrective action, the noncompliance became willful. Email This Story On August 2, 2019, the Maryland Public Service Commission issued its Order Suspending Retail Supply License, Imposing Civil Penalty, and Directing the Transfer of Service against Smart One. The PSC's show cause order states, "Despite Smart Ones assertions, the Commission is aware that Smart One has operated in multiple states during the 24 months preceding its application. These facts appears [sic] to directly contradict the information provided in Sections 1.C. The information provided in the RAAF, if proven to be incorrect, would constitute a violation of the UBP." The RAAF indicates that SunSea Energy, LLC has four affiliates, operates in Ohio, Maryland, New Jersey, and District of Columbia, uses the trade names SunSea and SunSea Energy in other states, and that no senior officer of the ESCO applicant or entity holding ownership interests of 10% or more in the ESCO has had any criminal or regulatory sanctions imposed within the last 36 months. and 1.D. Smart One responded that the previously submitted sales agreements were compliant, other documentation had already been included, and other revisions and documents were filed. SunSea Staff also points out that Josco has previously provided Pennsylvania contracts as supposed proof of New York enrollments for Quick Response System (QRS) complaints. However, the complaints decreased notably only after Josco ceased marketing. The PSC's show cause order states, "Staff notes that the answers indicating that Josco only operates in New York are contradicted by the Third Party Verification (TPV) script that was also submitted by Josco. Copyright 2010-21 Energy Choice Matters. -- Energy Operations Analyst The PSC's show cause order states, "Staffs review of Starions website indicates that, in addition to New York and Ohio, it operates in Connecticut, District of Columbia, Delaware, Illinois, Maryland, Massachusetts, New Jersey, and Pennsylvania. The PSC stated in its order that, "SunSea states that in response to the NOAF, SunSea denied the allegations against it and provided enrollment documentation. The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order. -- Sales Development Representative (SDR) -- Houston NEW! email or post the website link; unauthorized copying, retransmission, or republication The information provided by Smart One in these sections indicates that Smart One has no affiliates, uses no other trade names, has operated only in New York in the last 24 months, and has had no regulatory sanctions imposed in the last 36 months. NEW! Section 1.B. of the RAAF which, if proven to be the case, would be a violation of the UBP." .' .' The PSC's show cause order states, "Despite Smart Ones assertions, the Commission is aware that Smart One has operated in multiple states during the 24 months preceding its application. At the time of an October 2020 show cause order, Josco served residential and non-residential electric and gas customers in various territories The Commission recognizes that SunSea did provide the enrollment documentation with its response to the OTSC. This is also not indicative of a company that has been taking its relationship with regulatory authorities seriously since the allegations included questionable marketing practices and misrepresentation, not just disputed enrollments." The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order. -- Senior Analyst - Pricing & Structuring -- Retail Supplier -- Houston These facts appears [sic] to directly contradict the information provided in Sections 1.C. In addition, the California Public Utilities Commission issued Energy Citations to Smart One on February 13, 2020, April 21, 2020, August 20, 2020, and September 17, 2020, totaling $25,000 for violations of the Public Utilities Code. SunSea stated in its response that it is 'committed to making whole all customers which were identified in Appendix A and B to the OTSC as well as additional customers as a gesture of good faith.' NEW! An ESCO that provides false or misleading information in its eligibility application raises significant concerns regarding the companys ability to operate in conformance with the UBP and Commission orders. Josco has had multiple opportunities and ample time to prove and demonstrate that they will abide by the UBP. -- Sales Development Representative (SDR) -- Houston The PSC stated in its order that, "Josco refers to its 'demonstrated commitment to compliance and customer service' with regard to its complaints in New York. NEW! 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