STATE OF MAINE PUBLIC UTILITIES COMMISSION Mark A. Vannoy Harry Lanphear CHAIRMAN ADMINISTRATIVE DIRECTOR R. Bruce Williamson Randall D. Davis COMMISSIONERS January 22, 2018 Muriel LeClerc Spark Energy d/b/a Electricity Maine P.O. Box 1150 Auburn, Maine 04210 (via e-mail) Re: Request for Information, Docket No. 2010-00256 Dear Ms. LeClerc: The Maine Public Utilities Commission (MPUC) is responsible for overseeing the retail electricity market in Maine and for monitoring the activities of any entity licensed as a competitive electricity provider (CEP). Electricity Maine is licensed as a CEP in Maine, see Commission Order Granting License, Docket No. 2010-00256 (September 1, 2010), and as such is subject to the regulatory oversight of the MPUC, including with respect to, among other statutory and regulatory provisions, Chapter 305 of the Commission’s rules, Licensing Requirements, Annual Reporting, Enforcement and Consumer Protection Provisions for Competitive Electricity Providers. Central Maine Power (CMP) has notified the Commission that a number of its customers have contacted CMP with concerns related to marketing efforts by agents of Electricity Maine. Specifically, recent door-to-door marketing and enrollment efforts by Electricity Maine employees or agents raise concerns relating to allegations of: (1) employees or agents misrepresenting themselves as representatives of a transmission and distribution (T&D) utility; (2) employees or agents failing to properly identify themselves; and (3) an instance where the employee or agent identified himself as an auditor with the local T&D utility and stating that the purpose of his visit was to provide a refund check to the customer due to the customer being overbilled by the T&D utility. To evaluate the validity of these allegations and to determine whether Commission action is necessary, the MPUC Staff asks Electricity Maine to respond to the following requests for information. Please provide a response in the Commission's Case Management System in Docket No. 2010-00256 by February 9, 2018. 1. Explain the affiliation between Electricity Maine and the sales representatives going door-to-door to Maine electricity customers. Are they direct employees, independent contractors, or other agents? How are the sales representatives compensated for their work, e.g., paid by commission, hourly? Please also provide the total number of sales people that have been hired or contracted to date that are engaged in door-to-door sales activity in Maine. LOCATION: 101 Second Street, Hallowell, ME 04347 PHONE: (207) 287-3831 (VOICE) MAIL: 18 State House Station, Augusta, ME 04333-0018 TTY: 711 FAX: (207) 287-1039 2. What was the start date of Electricity Maine’s door-to-door sales campaign in Maine and in what geographic areas is the door-to-door sales team conducting business? 3. How many customers has Electricity Maine enrolled using door-to-door sales techniques in Maine? 4. How many Maine customers has Electricity Maine signed up using door-to-door sales techniques have requested their service be rescinded during or after the five-day rescission time-period? 5. What type of training was provided to the Electricity Maine door-to-door Maine sales team, and who provided it? If the training was web based, what are Electricity Maine's policies to confirm that the training was completed? 6. Please provide the Commission with copies of any and all training materials provided to the Electricity Maine door-to-door sales team in Maine including scripts used to interact with potential customers. 7. Please specifically provide the Commission with all materials that Electricity Maine has provided its Maine sales agents regarding compliance with all applicable statutory and regulatory provisions related to the trade and promotional practices of CEPs. 8. Has Electricity Maine received reports that its Maine sales agents claimed to be representatives of a T&D utility? If so, what action if any was taken to correct this alleged violation of Chapter 305 of the Commission’s rules? 9. Do Electricity Maine’s Maine sales agents make statements related to its pricing as compared to either standard offer prices, prices from other CEPs, or T&D utility prices? Please provide any script that is used related to price comparisons between Electricity Maine’s price and standard offer prices or other CEPs. 10. What is Electricity Maine’s practice regarding customers’ rescission rights? Does Electricity Maine enroll customers prior to the recession period contained in Chapter 305? 11. Please provide any action plan that Electricity Maine has in place to assure compliance with all applicable statutory and regulatory provisions, including Chapter 305 and the Maine Unfair Trade Practices Act. We appreciate your anticipated attention to this matter. Please contact me if you would like to discuss any matter raised in this letter in advance of your written submission. /s/ Mitchell Tannenbaum Mitchell Tannenbaum General Counsel