STATE OF MAINE PUBLIC UTILITIES COMMISSION Mark A. Vannoy Harry Lanphear CHAIRMAN ADMINISTRATIVE DIRECTOR Carlisle J. T. McLean R. Bruce Williamson COMMISSIONERS February 10, 2015 Frank McGovern President Clearview Energy 600 N. PeaIl St. S104 Dallas, TX 75201 -2822 Via US Postal Service and electronic CMS ?ling RE: Docket No. 2012-00376 Dear Mr. McGovern: In the summer and fall of 2015, after having received a series of customer complaints, Central Maine Power (CMP) requested that the Commission open an investigation into the marketing practices of Clearview Energy (Clearview). Commission Staff gathered information from Clearview and CMP in that regard, as well as from the Commission?s Consumer Assistance and Safety Division (CASD), and in early October 2015, Staff brought request to the Commission. The Commission considered whether to issue a Notice of Investigation (NOI) into whether Clearview had violated any provisions of Chapter 305 of the Commission?s Rules and, if so, whether any sanctions should be imposed. Because Clearview was engaged in meaningful conversation with Commission Staff about the requirements of Chapter 305 at that time, the Commission tabled consideration of the NOI to allow Staff and Clearview additional time to reach possible agreement on the concerns that had been raised in the customer complaints. Staff and Clearview continued discussions and agreed to several action items intended to minimize customer confusion and allow the Commission to monitor activities giving rise to customer complaints. Clearview agrees to the action items explained and set fOIth below. 1. Establish and follow a protocol to enable local utilities to provide information to Clearview regarding customer complaints in a timely manner, to respond to those complaints in a timely manner, and to file quarterly reports in the Commission?s electronic filing system. Clearview worked cooperatively with Staff to communicate with CMP and Emera Maine to establish a protocol for an exchange of information between the local utility and/or CASD and Clearview regarding customer complaints or instances LOCATION: 10] Second Street. Hallowell. ME 04347 MAIL: 18 State House Station, Augusta. ME 04333-0018 PHONE: (207) 287-3831 (VOICE) 71 FAX: (207) 287-1039 Letter to McGovern Febraury 10, 2016 Page 2 where a customer contacts the local utility and/or CASD about an issue related to Clearview. a. Upon receipt of a customer complaint, incident, or inquiry regarding Clearview, the local utility or CASD will provide email notice directly to Clearview, specifically to the following Clearview points of contacts. Clearview agrees to keep these personnel points of contact up to date. i. Nicole Steele at nsteele@clearviewenerqy.com ii. Christina Harris at charris@clearviewenerqvcom Tammi Stroud at tstroud@clearviewenerqy.com iv. requlatorv@clearveiwenerqv.com To assist Clearview in complying with item 1(b) below, the email from the local utility should provide a summary of the issue, the date and location of the incident, and the name of the customer involved. b. Clearview will send an email to the relevant local utility and Commission Staff within 5 business days following receipt of notice of a complaint, incident or inquiry having been submitted to either the local utility or CASD, including, for example, a request for an unwinding of an enrollment. Clearview?s email will include all relevant details, including the agent name, location, and corrective action taken by Clearview. The following email addresses are to be used by Clearview for the purpose of contacting the local utility and Commission Staff: i. Commission Staff Mitchell.Tannenbaum@maine.qov Derek.D.Davidson@maine.@ ii. Central Maine Power Susan.Clary@cmpco.com Emera Maine iennie.harvev@emeramaine.com c. Clearview will file quarterly reports in its licensing file, Docket No. 2012- 00376, in the Commission?s electronic Case Management System (CMS), detailing all customer complaints, incidents, or inquiries from the preceding quarter, and explaining how or whether Clearview resolved the matter. The quarterly reports will be filed under protective order. Letter to McGovern Febraury 10, 2016 Page 3 Maintain records of all marketing by date, agent name, and detailed geographical location, including town, street, and numerical street address of residences visited. Require agents upon initial contact to disclose that they are Clearview agents, and require clear physical identi?cation by either a shirt or badge bearing Clearview?s name. Prohibit agents from requesting a copy of the utility bill; agents will request only an account number. Comply with all Chapter 305 requirements, including: a. Posting of terms and conditions/variable rate terms on website, Chapter 305, sec. b. Claims of green power; marketing of renewable products, Chapter 305, sec. and c. Comply with all requirements for third party veri?cation (TPV) calls, Chapter 305, sec. Staff discussed with Clearview some modi?cations to its TPV call script to clarify the overarching purpose of the call, namely to verify the customer?s choice in choosing Clearview as his or her electricity supplier. Clearview agrees to implement the requested changes with its TPV call administrator, and Staff has provided Clearview with the agreed-upon revised TPV script dated February 10, 2016. Initiate a welcome call for all Maine customers within 3 business days of the TPV call. Require agents to leave behind a document at each visited residence that conspicuously indicates on the front that Clearview is a competitive electricity provider and not af?liated with the local utility company. Clearview worked cooperatively with Staff to revise a leave behind document to address concerns regarding customer confusion about whether Clearview was af?liated with the local utility. Staff has provided Clearview with the agreed-upon revised leave behind document dated February 10, 2016, and Clearview agrees to provide it in accordance with this action item. Where it is apparent that a customer is not understanding and responding to the information conveyed by the agent or where the customer or another third-party informs the agent of this circumstance, the agent shall terminate the sales visit and not enroll the customer. On or after October 1, 2016, Clearview may contact Commission Staff in writing and request that the provisions of this letter agreement that are not required by law terminate. To the extent Staff does not agree to terminate such provisions, Letter to McGovern Febraury 10, 2016 Page 4 Staff shall state the basis in writing and the term of the extension of the letter, such term not to be greater than six months. Following any term extension, Clearview may contact Staff in writing, requesting Staff terminate the letter agreement in the manner described in this paragraph. We appreciate your attention to the Commission?s concerns regarding customer complaints arising out of Clearview?s marketing practices in Maine. Please indicate Clearview?s agreement with the terms set forth above by signing and dating a copy of this letter and retuning the letter to me. Very truly yours, Mitchell Tannenbaum General Counsel CC: Nicole Steele, Clearview, via email at nsteele@clearviewenerqv.com Christina Harris, Clearview, via email at charris@clearviewenerqv.com Tammi Stroud, Clearview, via email at Richard Hevey, Central Maine Power, via email at richard.hevev@cmpco.com Susan Clary, Central Maine Power, via email at susan.clarv@cmpco.com Sarah Spruce, Emera Maine, via email at sarah.spruce@emeramaine.com Jennie Harvey, Emera Maine, via email at iennie.harvev@emeramaine.com Accepted and agreed to on February 2016 by