extensive additional detail in support of their position that the Joint Petition addresses the concerns raised in the Joint Complaint, is in the public interest and should be adopted without modification. b. Pennsylvania Gas & Electric In its Statement in Support of the Settlement, PaG&E stated that the Joint Petition is in the public interest and should be adopted without modification because it is significant in both its scope and precedential nature as the first resolution of a series of similar complaints brought against other EGSs by the Joint Complainants. PaG&E noted the total of $6,836,563 the Company agreed to provide to customers as refunds, as well as $100,000 to pay for the administration of the refund pool, $100,000 to EDC Hardship Funds and a civil penalty of $25,000. PaG&E noted the injunctive relief in the form of requirements on its product offerings, marketing practices, third-party verification procedures, Disclosure Statement, sales representative training, compliance monitoring, reporting and customer service as reasons why the Joint Petition is in the public interest. PaG&E also discussed in its Statement in Support of the Settlement the various factors regarding civil penalties but noted in particular that the most significant aspects of the Settlement go beyond the criteria enumerated in the Policy Statement: 1) the refunds and injunctive relief will be provided much sooner pursuant to the Settlement instead of through the uncertainties and delays inherent in administrative and appellate litigation, and 2) the Settlement provides a model for resolution of similar disputes in the EGS industry, thus potentially multiplying the substantial public benefits generated by the Settlement. PaG&E concluded by submitting that the Settlement is in the public interest and should be approved without modification. c. Bureau of Investigation and Enforcement In its Statement in Support of the Settlement, I&E stated that the Joint Petition is in the public interest and should be adopted without modification because it will resolve all issues related to the Joint Complaint involving allegations of inappropriate sales, marketing, billing and disclosure practices of PaG&E and the Company has been cooperative and proactive with identifying corrective actions which can enhance the experience of customers and reduce the risk of similar consumer complaints in the future. I&E further noted that the Settlement is in the public
While various provisions of the Settlement provide greater public benefits than other provisions, we recognize that the Settlement is a compromise among the parties regarding many varied and complex issues associated with a matter that caused significant public outcry during the winter of 2014. When viewed as a whole, adopting this Settlement in its entirety without modification satisfies the standards and factors the Commission considers when evaluating settlements and will promote the continued development of the competitive market for the provision of electric generation service. V. CONCLUSIONS OF LAW The Commission has jurisdiction over the subject matter and the parties to this proceeding. Commission policy promotes settlements. 52 Pa.Code § 5.231. The Commission has indicated that settlement results are often preferable to those achieved at the conclusion of a fully litigated proceeding. 52 Pa.Code § 69.401. The focus of inquiry for determining whether a proposed settlement should be recommended for approval is not a “burden of proof” standard, as is utilized for contested matters. Pa. Pub. Util. Comm’n, et al. v. City of Lancaster – Bureau of Water, Docket Nos. et al. (Opinion and Order entered July 14, 2011). The benchmark for determining the acceptability of a settlement or partial settlement is whether the proposed terms and conditions are in the public interest. Pa. Pub. Util. Comm’n, et al. v. City of Lancaster – Bureau of Water, Docket Nos. R-2010-2179103, et al. (Opinion and Order entered July 14, 2011); citing, Warner v. GTE North, Inc., Docket No. (Opinion and Order entered April 1, 1996).