On that date, the commission issued an order adopting a code of conduct, as required by the Customer Choice and Electricity Reliability Act. The purpose of the code of conduct is to prevent electric utilities and alternative electric suppliers from engaging in cross-subsidization, information sharing, and preferential treatment between their regulated and unregulated services.

Consumers’ ASP program provides repair service for residential heating and cooling equipment as well as major kitchen and laundry appliances.

The commission found that Consumers’ marketed heating and air conditioning services could only be performed through full functional separation, preferably through a separate affiliate. The commission did grant Consumers a temporary waiver of the separation requirement of the code for these services through April 3, 2003.

In the latest order, the commission extended the waiver until Dec. 31, 2003, at which time Consumers shall have either terminated its ASP program or completed the separation of its regulated activities from the appliance service program.

The extension of the temporary waiver was conditioned on the discontinuation of messages promoting the ASP program in customers’ bills and a requirement that by Dec. 31, 2003 Consumers’ ASP program bear the full cost of advertising and promotional activities through use of separate mailings. Until that date, Consumers may continue to bill customers for the costs associated with the ASP program on its utility bills, but shall do so only if the ASP plan is charged for such billing services on a fully allocated (not incremental) cost basis.

The commission also issued an order (Case No. U-13089) that cited Consumers for jointly advertising unregulated programs with regulated programs, a provision of the code of conduct that was not stayed. The commission also ordered an immediate cessation of promoting the ASP program via inserts and bills provided through ratepayer funds.

Publication date: 03/10/2003