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On August 2, 2019, the Maryland Public Service Commission issued its Order Suspending Retail Supply License, Imposing Civil Penalty, and Directing the Transfer of Service against Smart One. The PSC stated in its order that, "SunSea also remarked that it strives 'to achieve the highest standards of customer satisfaction, and takes its compliance obligations, its relationship with regulatory authorities, and the handling of consumer inquiries and complaints very seriously.' Providing these documents remedied the allegation of records retention violations, but not the deficient manner in which SunSea submitted QRS/SRS responses." Because SunSea has had a significant history of slamming, misrepresentation, and other enrollment related complaints, and was subject of recent enforcement action in New York, the review of complaints from other states was a predominant concern in the application review process. This includes 12 that were confirmed to be checks dated February 2021 for refunds that had been promised on various dates ranging from February 19, 2020, through October 19, 2020. Moreover, the corrective action eventually taken to terminate a marketing vendor did not address these complaints which originated with an entirely different vendor." Josco filed a response on April 15, 2021, including complaint logs for Illinois, Maryland, New Jersey, Ohio, and Pennsylvania. These facts appears [sic] to directly contradict the information provided in Sections 1.C. The PSC ordered that SunSea shall return its customers to full utility service within 60 days of the effective date of the revocation order. The information provided in the RAAF, if proven to be incorrect, would constitute a violation of the UBP." .' CPS owes Conoco $19.6 million, according to the lawsuit. -- Account Operations Manager -- Retail Supplier In Section 1.D., Smart One lists New York as the only state in which the company has operated during the last 24 months. NEW! Cases 15-M-0127, et al. Email This Story Associate -- Retail Supplier -- DFW -- Energy Operations Analyst Based on SunSeas history of QRS/SRS responses and its NOAF response, including prior denials of refunds, we find these new refunds to be an attempt at self-preservation because the OTSC required it, rather than a gesture of good faith." Similarly, the required complaint data was not included with the application package documents. In fact, Josco has demonstrated the opposite, as proven by the fact that the complaint types remained the same over the course of four years and the QRS responses were consistently insufficient during that time, even when Staff provided multiple notices of violations and deficiencies." The OTSC directed Josco to provide four pieces of information pertaining to the 13 listed complaint cases, including: enrollment documentation, disconnect dates, cost analysis, and refund information. Josco stated in its response that Josco Energy MA, LLC, Josco Energy IL, LLC, and Josco Energy USA, LLC are separate and distinct, for corporate purposes, from Josco. In addition, the California Public Utilities Commission issued Energy Citations to Smart One on February 13, 2020, April 21, 2020, August 20, 2020, and September 17, 2020, totaling $25,000 for violations of the Public Utilities Code. The PSC stated in its order that, "Josco refers to its 'demonstrated commitment to compliance and customer service' with regard to its complaints in New York. On November 21, 2019, the Commonwealth of Virginia State Corporation Commission issued a Rule to Show Cause against Smart One Energy for violations of the Rules Governing Retail Access to Competitive Energy Services. The PSC's show cause order states, "Upon completion of the application review, Staff requested revisions to the sales agreements, TPV scripts, the complaint data from all jurisdictions in which Smart One operates, and other missing documentation. In addition, the California Public Utilities Commission issued Energy Citations to Smart One on February 13, 2020, April 21, 2020, August 20, 2020, and September 17, 2020, totaling $25,000 for violations of the Public Utilities Code. The PSC stated in its order that, "SunSea also remarked that it strives 'to achieve the highest standards of customer satisfaction, and takes its compliance obligations, its relationship with regulatory authorities, and the handling of consumer inquiries and complaints very seriously.' Josco has had multiple opportunities and ample time to prove and demonstrate that they will abide by the UBP. The PSC's show cause order states, "On November 17, 2020, Starion filed an application, signed by Starions Chief Operating Officer (COO), seeking to comply with the December 2019 Order. ", The PSC's show cause order states, "On November 17, 2020, SunSea filed an application, signed by their CEO, seeking to comply with the December 2019 Order. Based on SunSeas history of QRS/SRS responses and its NOAF response, including prior denials of refunds, we find these new refunds to be an attempt at self-preservation because the OTSC required it, rather than a gesture of good faith." Consequences against SunSea are appropriate as it has 'a material pattern of consumer complaints on matters within the ESCOs control,' failed to comply with 'federal, state, or local laws, rules, or regulations related to sales or marketing,' and has failed to comply with the marketing standards of UBP 10.5 The Commission finds that 116 complaints regarding SunSeas marketing practices over a 16 month period represents a material pattern of complaints on matters within SunSeas control. Smart One responded that the previously submitted sales agreements were compliant, other documentation had already been included, and other revisions and documents were filed. HOME The PSC said that it found Sunsea's response to the 2020 show cause order "unconvincing" and stated in its new order that, " The Commission finds that SunSea has violated the consumer protection provisions of the UBP and moreover has not adequately remedied these violations in response to consumer complaints, Staffs investigation, nor the Commissions OTSC [order to show cause]. The PSC's show cause order states, "On November 18, 2020, Josco filed an application, signed by the Vice President of Operations, seeking to comply with the December 2019 Order. .' The PSC's show cause order states, "On November 17, 2020, Starion filed an application, signed by Starions Chief Operating Officer (COO), seeking to comply with the December 2019 Order. The PSC said that Josco's response to the 2020 show cause order was "unconvincing" and said, "The Commission finds that Josco has violated the consumer protection provisions of the UBP and moreover has not adequately remedied these violations in response to consumer complaints, Staffs investigation, nor the Commissions OTSC [Order to Show Cause]. . Cases 15-M-0127, et al. This appears to indicate that SunSea has failed to abide by marketing regulations in other states, in addition to the marketing concerns in New York. email or post the website link; unauthorized copying, retransmission, or republication -- Senior Energy Intelligence Analyst -- Retail Supplier The RAAF indicates that SunSea Energy, LLC has four affiliates, operates in Ohio, Maryland, New Jersey, and District of Columbia, uses the trade names SunSea and SunSea Energy in other states, and that no senior officer of the ESCO applicant or entity holding ownership interests of 10% or more in the ESCO has had any criminal or regulatory sanctions imposed within the last 36 months. The OTSC directed Josco to provide four pieces of information pertaining to the 13 listed complaint cases, including: enrollment documentation, disconnect dates, cost analysis, and refund information. -- Senior Energy Intelligence Analyst If you wish to share this story, please Section 1.D., which lists all states in which the company has operated during the last 24 months, included only New York. Contradictory evidence was also found as part of the Massachusetts Attorney Generals lawsuit, filed on October 16, 2018, against Starion Energy Inc., two of its principals, including Ruzhdi Dauti, who is named on the RAAF as the president of Starion, and various marketing entities for violations of Massachusetts law. NEW! Email This Story We find that after months of similar complaints without corrective action, the noncompliance became willful. It stated that 'the company only operates in New York State and the companys complaint data is on file with [Staff].'" The complaint data provided included the types of complaints for Maryland and only the number of complaints for Ohio, New Jersey, and the District of Columbia." The list of all trade names used in other states, as required in Section 1.E., was marked 'N/A.' The script lists choices of utilities in Illinois, Maryland, Massachusetts, New Jersey, New York, Ohio, and Pennsylvania. Smart One answered 'no' in response to Section 1.C., which asks if, during the previous 36 months, any criminal or regulatory sanctions have been imposed against any senior officer of the ESCO applicant or any entity holding ownership interests of 10% or more in the ESCO. Similarly, the required complaint data was not included with the application package documents. Further, Joscos attorney did address this misinformation in their January 5, 2021 email correspondence with Staff." The PSC's show cause order states, "The fact that Josco has affiliates operating in multiple states appears to directly contradict the information provided in Section 1.B. Section 1.B. Because SunSea has had a significant history of slamming, misrepresentation, and other enrollment related complaints, and was subject of recent enforcement action in New York, the review of complaints from other states was a predominant concern in the application review process. of the initial RAAF and Sections 1.D. Email This Story On November 21, 2019, the Commonwealth of Virginia State Corporation Commission issued a Rule to Show Cause against Smart One Energy for violations of the Rules Governing Retail Access to Competitive Energy Services. "[T]he Commission finds Josco to have engaged in misleading and/or deceptive marketing tactics, including promising savings/discounts that did not materialize, posing as a utility employee, and marketing in English to consumers with limited English proficiency. 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