Commission would require more detail regarding the speed and accuracy with which information will be passed along to EDCs. If customers make a payment, enter into a payment plan at the last minute, or present a medical certification, then the EGSs must ensure that the information is transmitted to the EDCs quickly so that termination can be avoided entirely or reconnection of service can begin immediately. Next, NRG recommends that EDCs provide required termination notices to customers and physically terminate service, while EGSs handle all other communications with customers. The prudency of this system of communications is not substantiated in the Petition. Rather, NRG fails to explain the merit of having customers receive a termination notice from their EDC, while then expecting customers to follow up on such notice with their EGS of record. Additionally, important details are lacking, such as whether or not an EDC sending a termination notice to a customer must include the EGS’s contact information on the notice. Customers are presently accustomed to directing distribution service related complaints and inquiriesincluding those for billing, payment, and termination issues—to their EDCs. Under NRG’s proposal, customers’ bills would come from their EGSs and payment arrangements would be made with their EGSs, but termination notices and actual termination would be handled by their EDCs. This division of responsibility could confuse customers. In addition to potentially being confusing for customers, the process could be unwieldy. A customer making a payment or providing a medical certification to prevent a threatened termination of service would have to communicate with the EGS. The EGS would then have to take that information and provide it to the EDC. This extra to the current situation where the EDC would be in direct contact with the customer—could cause communication delays, increasing the risk that customers would be subjected to an improper termination of service or delay in reconnection.
An EDC is a regulated public utility required to serve all customers in its territory, so it is reasonable to grant it the power to terminate a nonpaying customer’s electric service. The General Assembly has made clear its intention that EDC’s continue to be regulated by the Commission and that they serve in the default service role—unless another provider of last resort is approved by the Commission—to ensure the availability of universal electric service. The default service provider (DSP) must provide electric generation service to retail customers who (1) have chosen an alternative supplier and their EGS does not provide the service or (2) have not chosen an alternative supplier. An EGS is not required to serve any customer. NRG wants EGSs offering SCB to have the power to terminate service for a customer’s failure to pay. The EGS, by deciding to terminate service, is effectively saying that it no longer wants to serve the customer. If the EGS does not want to serve the customer—and is not required to serve the customer—the default service provider is then obligated under 66 Pa. C.S. § 2807(e) to provide that service. Accordingly, one option may be for the EGS to drop the customer to default service and pursue any and all other available means to collect amounts owed by the customer, including amounts owed for VAS. Under the circumstances—the EGS dropping a nonpaying customer—66 Pa. C.S. § 2807(e)(3.1) would obligate the EDC to provide generation service to that customer. The EDC’s obligation to serve appropriately carries with it the power to terminate service. Since the EGS does not have that obligation, we find an EGS has less justification for it to have the power to terminate service. While the Code and regulations permit the Commission to identify a supplier as the default service provider for any given service territory or for specific customer classes, NRG has not proposed to take on that role in this Petition. The provisions of Chapter 14 and Section 2807(d) make clear that the consumer protection function remains a core responsibility of the EDC. Under Section 2807(d), consumer protection and customer service are among the duties that are allocated to EDCs. 66 Pa. C.S. § 2807(d). And each of the key provisions in Chapter 14 regarding