DPU Reaches Settlement Agreement with Competitive Supplier

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BOSTON — The Massachusetts Department of Public Utilities (DPU) recently entered into a settlement, also known as an Informal Remedial Plan, with Direct Energy Services, LLC, a subsidiary of NRG Energy, Inc., for its noncompliance with the DPU's requirements for competitive suppliers. 
 
The Plan is a direct result of the DPU's investigation into the company's business practices, specifically for telemarketing activities.  
 
As part of the settlement, the company will donate $101,750 to Boston Medical Center's Clean Power Prescription program, a first-in-the nation program that allows the Center's providers to write their patients' prescriptions for reduced utility bills using renewable energy generated by the hospital. The program helps to support the physical, economic, and environmental health of BMC patients. 
 
This marks the first time the DPU has posted an Informal Remedial Plan online, providing transparency for customers and illuminating to the public the DPU's rigorous oversight of competitive suppliers. The Plan was issued by Commissioner Liz Anderson in her capacity as the Delegated Commissioner overseeing regulation of licensed competitive energy suppliers in Massachusetts. 
 
"The DPU's competitive supply team has long fought to protect consumers from predatory tactics of competitive suppliers, through both formal proceedings and often unseen compliance efforts that make an impact," said Liz Anderson. "As the Delegated Commissioner for competitive supply matters, I have the privilege of leading this dedicated team so we can continue to do what is right for consumers and hold suppliers accountable for compliance with the state's laws and regulations."
 
The investigation revealed that the company did not use an introductory marketing script at the beginning of 407 calls between July 2024 and June 2025, as required by the DPU. Marketing scripts, which must be recited at the beginning of every call, are designed to provide customers with non-deceptive information regarding the competitive supply company by specifying the name of the company, that the company is a licensed electric supplier, and that the company is not affiliated with local utilities or municipal energy programs.  
 
The Informal Remedial Plan resolves the company's noncompliance in this instance.  As part of the Plan, the company will not engage in outbound telemarketing activities in Massachusetts for one year, effective December 19, 2025. Outbound telemarketing includes telephone marketing and sales activities, including contacting existing or previous customers, initiated by the company or its third-party vendors.  
 
The Plan does not affect the company's license to provide electricity supply services to existing customers in Massachusetts.  
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Fenton: Governor's Council Must Deliver for the Berkshires

Community submissionGuest Column
I am a Springfield lawyer running for Governor's Council and I am asking for Berkshire County residents to support me over an incumbent from North Adams. 
 
Here's why: Last year I learned about staffing issues in our regional courts that I could not ignore. In 2025, it was reported that four of Western Massachusetts' 11 Superior Court judgeships were vacant, all at the same time. A few weeks later, that grew to five vacancies. This meant there were only six Superior Court judges serving all of Western Mass at a time when Berkshire, Hampshire, Franklin, and Hampden counties had more than 100 pending homicide cases. 
 
Those numbers were alarming to me, so I started to engage with leaders in the community who work most closely with the court system and I came to learn that these vacancies were only the tip of the iceberg here in Berkshire County.
 
I learned that no Superior Court or District Court judge had been appointed from the Berkshires since the current incumbent took office. As a result, there is not a single Superior Court judge who lives in the Berkshires today, and several of the District Court judges drive in from other counties to support Berkshire courts in Pittsfield, Great Barrington, and North Adams. Court staff also informed me about severe staffing shortages at the Berkshire Clerk of Courts office resulting in other counties needing to loan staff to the Berkshires just so hardworking employees can take a brief and planned summer vacation. This is not normal. These issues are a reflection of genuine problems with the Berkshire County court system and show a lack of proactive attention from our Governor's Councilor.
 
Instead of focusing on regional equity, I watched as the current incumbent celebrated that she has voted against the governor's nominees more than any other councilor, without much explanation as to why. Most recently, she voted against two extremely qualified former prosecutors for the Parole Board. This was despite an in-person plea from the governor and a letter of support from all the three of the district attorney's from Western Mass. Those votes do not show independence or standing up for principles, they demonstrate naivete, and an unwillingness to work with the key stakeholders.
 
I had seen and heard enough. I decided to jump in the race and challenge the incumbent to address these problems head-on.
 
I am a partner of a regional law firm. I understand our courts and the importance of having qualified, fair and hardworking judges. And I know how important it is to have judges from the Berkshires serving the Berkshires. To achieve that, you need strong relationships with the legal community and local stakeholders. You need to know how to use the power of the Governor's Council to fight forcefully for our region. And you need to be laser focused on identifying vacancies before they occur so that they can be filled quickly with local candidates.
 
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