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![handle is hein.sag/sagpa0010 and id is 1 raw text is: COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
HARRISBURG, PA 17120 16TH FLOOR
TOM CORBETTSTABRYQUE
ATrORNEY GENERAL STRAWBERRY SQUARE
HARRISBURG, PA 17120
February 8, 2010 (717) 767-3391
James H. Cawley, Chairman
Pennsylvania Public Utility Commission
P.O. Box 3265
Harrisburg, PA 17120
Re: Request for Opinion regarding the Telemarketer Registration Act and the
Electricity Generation Customer Choice and Competition Act
Dear Chairman Cawley:
On behalf of the Public Utility Commission (PUC), you have requested my opinion
regarding the applicability of the Telemarketer Registration Act (Telemarketer Act), 73 P.S.
§§2241-2249, to electric generation suppliers as defined in the Electricity Generation Customer
Choice and Competition Act (Competition Act), 66 Pa. C.S. §§2801-2815.
As a threshold matter under Section 204(a)(1) of the Commonwealth Attorneys Act, 71
P.S. §732-204(a)(1), we must establish that the PUC's request for legal advice concerns a
matter or issue arising in connection with the exercise of the official powers or the performance
of the official duties of the [PUC].
The Competition Act requires electric utilities to unbundle their rates and services and to
provide open access over their transmission and distribution systems to allow competitive
suppliers to generate and sell electricity directly to consumers, 66 Pa. C.S. §2802(14). The Act
directs the PUC, by regulation, to require electricity providers to provide adequate and accurate
customer information to enable customers to make informed choices regarding the purchase of
electricity services. 66 Pa. C.S. §2807(d)(2). PUC regulations require providers to notify
consumers that information is available upon request, 52 Pa. Code §54.6(h), and prohibit
providers from releasing customer information to third parties without customer consent.
52 Pa. Code §54.8.
Telephone communication is among the means by which electricity providers may seek
to discharge their obligation under the Competition Act and regulations to inform customers of
choices regarding the purchase of electricity. Section 3(b) of the Telemarketer Act, 73 P.S.
§2243(b), prohibits telemarketers from communicating with consumers by telephone in
connection with the purchase of consumer goods or services unless the telemarketer or the
telemarketing business which employs the telemarketer is registered with the Office of Attorney
General and otherwise circumscribes telemarketer activities.](ViewImageLocal?handle=hein.sag/sagpa0010&div=1&collection=&method=preview&ext=.png&size=3)