The Connecticut Department of Public Utility Control ordered Middlebury energy aggregator Positive Energy to create a $20,000 fund to reimburse 3,210 customers for failing to provide cheaper rates in a timely manner, filings show.
As a result of the DPUC’s investigation into the matter, Positive Energy voluntarily relinquished its aggregator certificate to work in Connecticut, according to the company and the DPUC final decision.
The loss of the certificate won’t impede Positive Energy from continuing to market electricity suppliers to customers, which it does as the marketer for ResCom Energy LLC. In February, the company announced it was growing its Connecticut workforce from 30 to 130 employees. The company already added 28 of those 100 new employees.
The reimbursement fund effects 4 percent of Positive Energy’s 75,000 customers.
The decisions by DPUC and Positive Energy on March 10 conclude a seven-month investigation into the company started by then Attorney General Richard Blumenthal. Positive Energy President and CEO Joseph Ventura told customers they were signing with Viridian Energy Inc. then delayed processing the contracts for months to sign with another supplier, ResCom Energy LLC. Ventura also had been fined $100,000 by the state Department of Banking for falsifying mortgage documents, and he never disclosed it on its aggregator application.
Ventura said Positive Energy already was reimbursing customers who have requested the lost savings. He said problems arose following a breakdown in its relationship with Viridian Energy Inc.
“We cooperated fully with the DPUC and are pleased to be able to put this situation behind us,” Ventura said in a e-mail statement.
The DPUC’s decision requires Positive Energy notify affected customers of the reimbursement program.
On Monday, Attorney General George Jepsen filed a civil lawsuit against Redding electricity aggregator Turris Associates LLC, trying to collect a $360,000 fine leveled by DPUC for defrauding a school association of $180,000.
A comprehensive energy reform bill introduced into this year’s General Assembly session calls for changes in the protections for customers working with electricity suppliers and aggregators.
