BURDEN OF PROOF AND LEGAL STANDARD FOR DECLARATORY ORDERS As the proponent of the NRG has the burden of the proof. 66 Pa. C.S. § 332. NRG filed its Petition, requesting that the Commission issue a Declaratory Order implementing SCB as a billing option available to customers of EGSs, pursuant to 52 Pa. Code § 5.41 (re: Petitions generally). NRG Petition at 1. Section 5.41 requires that petitions for relief must be in writing, state clearly and concisely the interest of the petitioner in the subject matter, the facts and law relied on, and the relief sought. 52 Pa. Code § 5.41(a). Petitions for the issuance of a declaratory order to terminate a controversy or remove uncertainty must: (1) state clearly and concisely the controversy or uncertainty; (2) cite the statutory provision or other authority involved; (3) include a complete statement of the facts and grounds prompting the petition; and (4) include a full disclosure of the interest of the petitioner. 52 Pa. Code § 5.42(a). PROCEDURAL HISTORY NRG filed its Petition for implementation of SCB on December 8, 2016. Seventeen parties filed Comments by the January 23, 2017 deadline. Comments advocating for Commission approval of NRG’s Petition were received from Direct Energy Services, LLC, Direct Energy Business Marketing, LLC, and Direct Energy Business, LLC (collectively, Direct Energy); the Retail Energy Supply Association (RESA), a trade association of energy supply companies; and WGL Energy Services, Inc. (WGL Energy). Duquesne Light Company (Duquesne); the Energy Association of Pennsylvania (EAP), a trade organization representing regulated electric and natural gas distribution companies operating in the Commonwealth; Metropolitan Edison Company, Pennsylvania Electric Company, Pennsylvania Power Company, and West Penn Power Company (collectively, FirstEnergy); the Met-Ed Industrial Users Group, Penelec Industrial Customer Alliance; Philadelphia Area Industrial Energy Users Group, PP&L
BURDEN OF PROOF AND LEGAL STANDARD FOR DECLARATORY ORDERS As the proponent of the NRG has the burden of the proof. 66 Pa. C.S. § 332. NRG filed its Petition, requesting that the Commission issue a Declaratory Order implementing SCB as a billing option available to customers of EGSs, pursuant to 52 Pa. Code § 5.41 (re: Petitions generally). NRG Petition at 1. Section 5.41 requires that petitions for relief must be in writing, state clearly and concisely the interest of the petitioner in the subject matter, the facts and law relied on, and the relief sought. 52 Pa. Code § 5.41(a). Petitions for the issuance of a declaratory order to terminate a controversy or remove uncertainty must: (1) state clearly and concisely the controversy or uncertainty; (2) cite the statutory provision or other authority involved; (3) include a complete statement of the facts and grounds prompting the petition; and (4) include a full disclosure of the interest of the petitioner. 52 Pa. Code § 5.42(a). PROCEDURAL HISTORY NRG filed its Petition for implementation of SCB on December 8, 2016. Seventeen parties filed Comments by the January 23, 2017 deadline. Comments advocating for Commission approval of NRG’s Petition were received from Direct Energy Services, LLC, Direct Energy Business Marketing, LLC, and Direct Energy Business, LLC (collectively, Direct Energy); the Retail Energy Supply Association (RESA), a trade association of energy supply companies; and WGL Energy Services, Inc. (WGL Energy). Duquesne Light Company (Duquesne); the Energy Association of Pennsylvania (EAP), a trade organization representing regulated electric and natural gas distribution companies operating in the Commonwealth; Metropolitan Edison Company, Pennsylvania Electric Company, Pennsylvania Power Company, and West Penn Power Company (collectively, FirstEnergy); the Met-Ed Industrial Users Group, Penelec Industrial Customer Alliance; Philadelphia Area Industrial Energy Users Group, PP&L