to customers who may have agreed to early cancellation fees.” at 25. RESA does not Id. provide any citations to record evidence, but refers instead to its Main Brief at 57-58. RESA avers that is particularly true in the PECO territory” and justifies a different “this conclusion than that reached by the Commission in the Finally, RESA FE DSP Order. suggests a solution” whereby the promotional materials would state that the “compromise Opt-In Program is limited to default service customers, but that any customer who enrolls would be included. RESA states that this would be better than creating the of “risk cannibalizing the existing shopping program.” Id. In Reply, PECO states that RESA has not refuted the ALJ’s conclusion that including small commercial customers in the Opt-In Program would add complexity because different offers with different prices would have to be designed, solicited and marketed to different subsets of customers, which are not homogenous. PECO argues that the number of small commercial customers that are receiving service from an EGS has increased during DSP I and currently stands at 39%. PECO disputes RESA’s characterization of this level of shopping as With regard to shopping “dismal.” customers, PECO argues that its proposal to target marketing to default service customers, while allowing shopping customers to participate in the Opt-In Program, conforms to the Commission’s which the Commission affirmed in the IWPF Order, FE PECO submits that RESA’s Exception should be denied. PECO R.Exc. DSP Order. at 13-14. The OSBA argues in its Reply Exceptions that the Commission’s FE DSP is not controlling. Rather, in the the Commission gave some Order IWPF Order discretion to EDCs to tailor their retail market enhancement programs to their individual situations. In addition, the OSBA states that the was a complete departure FE DSP Order from the on the issue of small commercial customer participation in Retail IWPF Order Opt-In (ROI) Auctions. In the the Commission concluded that small IWPF Order, commercial customers should not be eligible to participate in ROI Auctions because there
to customers who may have agreed to early cancellation fees.” Id. at 25. RESA does not provide any citations to record evidence, but refers instead to its Main Brief at 57-58. RESA avers that “this is particularly true in the PECO territory” and justifies a different conclusion than that reached by the Commission in the FE DSP Order. Finally, RESA suggests a “compromise solution” whereby the promotional materials would state that the Opt-In Program is limited to default service customers, but that any customer who enrolls would be included. RESA states that this would be better than creating the “risk of cannibalizing the existing shopping program.” Id. In Reply, PECO states that RESA has not refuted the ALJ’s conclusion that including small commercial customers in the Opt-In Program would add complexity because different offers with different prices would have to be designed, solicited and marketed to different subsets of customers, which are not homogenous. PECO argues that the number of small commercial customers that are receiving service from an EGS has increased during DSP I and currently stands at 39%. PECO disputes RESA’s characterization of this level of shopping as “dismal.” With regard to shopping customers, PECO argues that its proposal to target marketing to default service customers, while allowing shopping customers to participate in the Opt-In Program, conforms to the Commission’s IWPF Order, which the Commission affirmed in the FE DSP Order. PECO submits that RESA’s Exception should be denied. PECO R.Exc. at 13-14. The OSBA argues in its Reply Exceptions that the Commission’s FE DSP Order is not controlling. Rather, in the IWPF Order the Commission gave some discretion to EDCs to tailor their retail market enhancement programs to their individual situations. In addition, the OSBA states that the FE DSP Order was a complete departure from the IWPF Order on the issue of small commercial customer participation in Retail Opt-In (ROI) Auctions. In the IWPF Order, the Commission concluded that small commercial customers should not be eligible to participate in ROI Auctions because there
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