Update: The Commission granted the application for rehearing filed by the Retail Energy Supply Association (RESA). RESA raised two assignments of error: 1) that the Commission’s requirement that Competitive Retail Electric Service (CRES) providers label residential contracts as fixed, variable, or introductory is unreasonable and unlawful; and, 2) that requiring CRES providers to transfer to default service customers who do not affirmatively consent to new contract terms following the invocation of a “regulatory out” provision is also unreasonable and unlawful.

The Commission stayed implementation of its previous orders on those two issues, stating that the issues of labeling and regulatory out clauses are better addressed in a separate rulemaking proceeding. The Commission has opened such a proceeding in Case No. 17-1843-EL-ORD.