---
title: Retail Energy Intelligencer | October 2026
description: "Latest updates on state energy policies: addressing energy affordability, renewable programs, and market reforms."
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# Retail Energy Intelligencer | October 2026

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- Retail Energy Intelligencer | October 2026

10/29/2026 [intelligencer](https://blog.prquinlan.com/tag/intelligencer)

 7 Minutes

# Roundup of key developments in competitive retail energy markets around the country.

**First Energy Default Service Decision.** The **Pennsylvania** PUC voted on October 22 to approve, with modifications, the settlement agreement in the FirstEnergy default service proceeding. Positively for suppliers, the PUC rejected the bid to return customers to default service at the end of the supplier contract, but *approved* conditioning access for residential and non-residential customers to the POR system of the FirstEnergy utilities on supplier prices being at or below the utility price to compare at the time of customer enrollment…**EARLIER: Pennsylvania lawmakers oppose default service changes affecting retail competition and the Pennsylvania PUC denies Spark Energy reconsideration.** On October 1, Pennsylvania lawmakers urged the PAPUC to avoid changes to practices at the FirstEnergy utilities that could undermine retail competition and customer choice. [Senator Gene Yaw](https://www.puc.pa.gov/pcdocs/1952194.pdf) argued that significant changes affecting retail suppliers, customer enrollment, and market operations should be authorized by the General Assembly rather than implemented administratively. Similarly, [House Consumer Protection, Technology & Utilities Committee Chairman Carl Walker Metzgar](https://www.puc.pa.gov/pcdocs/1953492.pdf)opposed a proposal requiring EGS customers to automatically return to utility default service when their supply contracts expire, arguing that it would harm supplier customer retention, undermine competition, and exceed the PAPUC’s authority, market pricing, minimum switching notice periods, and separate PJM settlement accounts. If adopted, these proposals could significantly affect retail supplier capacity obligations, transmission cost recovery, contract pricing, and default service arrangements for large-load customers.

**Delaware Gov. Meyer vetoes HB 393, rejecting retail supplier price caps but calling for additional consumer protections.** On September 30, **Delaware** Gov. Matt Meyer [vetoed HB 393](http://legis.delaware.gov/BillDetail/143197), which would have capped residential retail electric supplier prices based on the trailing 12-month average standard offer service (SOS) rate, limited contracts to 12 months, restricted variable-rate products, and automatic renewals, and prohibited certain supplier fees and sales commissions. The governor said that the legislation would limit consumer choice and potentially drive retail suppliers out of the market, citing Maryland’s experience with similar reforms. However, Gov. Meyer urged the Delaware PSC to pursue additional consumer protections without imposing price caps, including enhanced enrollment and renewal notices, restrictions on automatic and variable-rate renewals, limits on sales commissions, and prohibitions on early termination and other supplier fees. The veto preserves suppliers’ ability to offer multi-year fixed-rate and other competitively priced products while signaling potential new regulatory requirements affecting supplier contracts, marketing, and fees.

**Maryland PSC pauses retail choice-related reports.** Until recently, the price cap for retail choice, non-green power contracts in **Maryland** were determined by the electric utilities’ standard offer service (SOS) trailing 12-month averages, which the utilities reported in Public Conference No. PC64. Following the submission of October reports, the PSC issued a [temporary suspension](https://webpscxb.pscmaryland.com/DMS/maillogpdfview/Public/PC64/145/0/0) of the monthly filings, given that **Maryland’s** 2026 Utility RELIEF Act changed the cap to 100%, 105%, or 110% of the SOS rate on the date of agreement for contract terms or, respectively, less than 24 months, at least 24 but less than 36 months, and 36 months or more.

**Massachusetts reduces Alternative Energy Portfolio Standard (APS) obligations.** The Department of Energy Resources [announced emergency regulations](https://www.mass.gov/info-details/alternative-energy-portfolio-standard-emergency-rulemaking) on October 7, in response to an executive order from Gov. Healey directing it to reduce APS-associated ratepayer costs. The emergency regulations reduce the APS minimum standard to 2.00% for 2027, 1.5% for 2028, 1.25% for 2029, and 1.00% thereafter. In addition, they establish 10-year limits on APS eligibility for generation units using certain technologies. *Subscribers to Massachusetts can see MA Alternative Energy Portfolio Standard for more details.*

**Parties dispute customer refunds in the RPA Energy enforcement case, which support a reduced $500,000 settlement in Ohio.** On October 5, parties filed initial briefs in RPA Energy (Green Choice Energy)’s enforcement proceeding. [PUCO Staff](https://dis.puc.state.oh.us/ViewImage.aspx?CMID=A1001001A26J05B60331B00328) urged approval of a settlement reducing RPA Energy’s previously ordered $1.44 million forfeiture to $500,000, which would be converted into a donation supporting residential bill-payment assistance grants. [The OCC](https://dis.puc.state.oh.us/ViewImage.aspx?CMID=A1001001A26J05B63427G00350) urged the PUCO to require customer rerating for customers enrolled through door-to-door or telemarketing between May 1 and June 1, 2021, and customers who disputed enrollments after February 1, 2022. OCC estimates that rerating all customers enrolled during the 2021 period would result in approximately $1.28 million in refunds. [RPA](https://dis.puc.state.oh.us/ViewImage.aspx?CMID=A1001001A26J05B70848J00370) supports the $500,000 settlement but opposes blanket customer rerating, arguing that refunds should be limited to customers harmed by violations rather than those whose enrollments were lawful.

**New report touts customer choice benefits in Michigan, recommending expansion.** The **Michigan**-based Mackinac Center for Public Policy [report](https://www.mackinac.org/archives/2026/s2026-09.pdf) said that the program saves customers $185 million annually, with average savings of 30% for commercial customers and 12% for industrial customers (the number of residential customers serviced by alternative suppliers is “negligible”). It also contrasted the 2008-2024 electricity price increase of 59% in **Michigan**, which caps choice participation at 10%, with ~35% increases in nearby IL, OH, and PA, which do not. Mackinac recommended the state raise the program cap to 30%, estimating that doing so would lower utility infrastructure needs by up to $8 billion as it enters a major infrastructure investment cycle.

**The Pennsylvania House passed a bill establishing new public interest standards for utility rate cases and infrastructure proceedings**. On September 29, the **Pennsylvania** House passed [HB2184](https://www.palegis.us/legislation/bills/2025/hb2184) on third consideration by a 150-53 vote following amendments adopted September 28. The bill would require the Pennsylvania PUC to apply a formal public-interest standard in utility rate cases, major infrastructure proceedings exceeding $50 million or affecting at least 10,000 residential customers, and other applicable proceedings. The PAPUC would evaluate affordability, distributed generation, renewable energy, storage, demand-side resources, grid modernization, environmental impacts, economic development, reliability, environmental justice, and safety. The bill would require the PAPUC to explain how it balances competing public-interest factors, while preserving Pennsylvania’s competitive generation market and existing restrictions on utility generation ownership and cost recovery. It would also extend the deadline for certain rate-reduction proceedings from 9 to 12 months, with a possible 90-day extension. For retail suppliers, the expanded review standards could create additional opportunities to address retail market issues in utility rate cases and settlement negotiations.

**NY Green Bank plans to expand clean energy financing for disadvantaged communities, creating opportunities for retail suppliers.** On September 30, NYSERDA’s New York Green Bank (NYGB) [filed](https://documents.dps.ny.gov/public/Common/ViewDoc.aspx?DocRefId=%7b808AF2A0-0000-CE62-AB55-534E18C652D2%7d&amp;DocTitle=NYSERDA) a plan outlining how it will expand clean energy financing for disadvantaged communities (DACs) and low-to moderate-income (LMI) customers, while maintaining its broader clean energy financing activities. Since 2020, NYGB has deployed $787 million, or 46% of its capital, to projects benefiting DACs, including community distributed generation (CDG) solar, building electrification, energy efficiency, storage, and clean transportation. NYGB plans to combine market-rate and targeted concessional financing with NYSERDA incentives, utility programs, and other public funding to improve project economics and accelerate deployment. CDG solar currently represents the largest share of NYGB’s DAC investments, with participating customers typically receiving 5–20% electricity bill savings. For retail suppliers, expanded financing could create additional opportunities involving community solar, distributed energy resources (DERs), storage, energy efficiency, and electrification.

**Maryland state senator urges action from PSC to reduce net metering uncertainty.** On October 7, State Sen. Feldman, chair of the Senate Education, Energy, and the Environment Committee, filed a [letter](https://webpscxb.pscmaryland.com/DMS/maillogpdfview/Rule/RM56/476/0/0) in Rulemaking No. RM56 requesting the PSC to consider “options to limit disruptions to clean energy generation deployment in the state” as it develops a successor net energy metering (NEM) program. Under **Maryland’s** 2026 Utility Relief Act, the PSC must adopt a successor program by February 1 of next year and develop a framework to begin by July 1. Sen. Feldman’s letter was prompted by news that some renewable energy programs, including government-sponsored solar projects, may be suspended indefinitely in light of uncertainty of future eligibility and incentives.

**Maryland sunsets multi-year rate plan (MRP) pilot program.** The program began in 2020 with BGE as the pilot utility, followed by Pepco in 2021 and DPL in 2022. At that time, the **Maryland** PSC said in its biannual “lessons learned” [order](https://webpscxb.pscmaryland.com/DMS/pdfview/%60%60wportal%60Documents%60DMS%6033%604871%60/Order_MRP%20Lessons%20Learned%20(9618%2c%209645)~pdf), expected benefits of the program either had not materialized or, in the case of shortened cost recovery and rate predictability, were only realized by utilities and not ratepayers. The order also noted that, while recent statutory revisions addressed the particularly problematic area of reconciliation, “they left several other major issues unresolved that must be addressed if MRPs are to be considered as a standard rate setting tool in the future.” The PSC that new lessons learned were unlikely to be identified by extending the program another three years, however it directed the MRP Work Group to consider how deficiencies in the pilot program might be addressed, emphasizing that any future MRP should, among other things, protect ratepayers from unnecessary rate increases and facilitate achievement of state policy objectives. *Maryland subscribers can see Docket No. 9645 for more details.*

**On October 5, the Ohio EPA proposes revisions to greenhouse gas reporting rules to address federal approval concerns.** The Ohio Environmental Protection Agency (Ohio EPA) initiated its five-year review of greenhouse gas (GHG) reporting rules under OAC 3745-31-34 and 3745-77-11, which became effective March 31, 2011, as part of Ohio’s New Source Review (NSR) and Title V permitting programs. Ohio EPA is proposing revisions to address concerns previously raised by the U.S. EPA, which prevented federal approval of the rules into Ohio’s NSR and Title V programs and incorporation into the State Implementation Plan (SIP). The proposed changes are intended to resolve federal regulatory concerns and allow approval of Ohio’s greenhouse gas reporting requirements. Stakeholder comments are due November 5, and may be submitted through the [Ohio EPA SmartComment portal](https://ohioepa.commentinput.com/?id=x2PY46fF7K).

**Parties file recommendations on Maine community choice aggregation (CCA) program rules.** Earlier this year, **Maine** enacted legislation (LD2112), which authorized CCAs. While the law established some program requirements, such as being “opt-out” for default service customers and requiring affirmative election by customers serviced by competitive electricity providers and others, it directed the **Maine** PUC to develop additional rules. On September 17 and 18, parties filed initial recommendations for those rules in MEPUC Docket No. [2026-00210](https://mpuc-cms.maine.gov/CQM.Public.WebUI/Common/CaseMaster.aspx?CaseNumber=2026-00210). Among other things, parties recommended the PUC adopt clear guidelines for when a CCA may decline to serve a customer based on utility payment history or return a customer to default service for nonpayment.

**New Hampshire reduces renewable portfolio standard 2026 Class III obligation.** The **New Hampshire** PUC’s September 28 [order](https://www.energy.nh.gov/sites/g/files/ehbemt551/files/inline-documents/sonh/rps-class-iii-order-setting-2026-obligation.pdf) sets the obligation for RECs from electricity generated using eligible biomass or landfill methane gas at 2% of retail electricity sales. The Class III obligation is 8% by statute, but the NHPUC has authority to review the requirement if it anticipates a REC shortfall. This is the seventh straight year it has chosen to do so.

 **Texas amends customer complaint process.** On October 1, the **Texas** PUC (PUCT) [adopted amendments](https://interchange.puc.texas.gov/Documents/59557_62_1688969.PDF) to its rules that eliminate the formal complaint process. Now, at the end of the “informal” process, the PUCT’s Office of Consumer Affairs (OCA, formerly the Consumer Protection Division), will issue a closing letter informing the complainant that if they are not satisfied with the outcome, then they may pursue the matter in civil court. If OCA identified possible violations of PUCT rules, it will refer the complaint to the PUCT’s Division of Compliance and Enforcement (DICE) for investigation. This complainant is still able to request a good cause exception to the informal process by requesting OCA issue a closing letter and refer the matter to DICE. Formal complaints filed up to the effective date of the amended rules will still be processed as contested cases under the existing rule.

Delaware retail electric supplier rules are effective in November. On September 25, the Delaware PSC [reported](https://delafile.delaware.gov/CaseManagement/ViewFileNetDocument.aspx?Id=7d420fdc-89e4-421a-86c8-73e61bbfdf8a&amp;Type=Docket) that the final Regulation 3001, governing Delaware’s competitive retail electric supply market will become effective November 15.

**In Brief:** **Ontario** Energy Board released its [2025-2026 Annual Report](https://www.oeb.ca/sites/default/files/OEB%202025-2026%20Annual%20Report%20-%20FINAL%20AODA%20English.pdf)…**Maine’s** Gov. Mills [announced](https://www.maine.gov/governor/mills/news/governor-mills-announces-automatic-electric-bill-discounts-thousands-maine-families-2026-10-01) that the Department of Health and Human Services will use existing information from MaineCare and other programs identify households eligible for the state’s Low Income Assistance Program to utilities, who will automatically apply those discounts to customers’ bill… [legislation was introduced](https://www.palegis.us/legislation/bills/2025/hb2853) in **Pennsylvania** on October 14 which would introduce community choice aggregation into the state…

**Commission Comings and Goings:** The Pennsylvania Senate confirmed Commissioner Kathryn Zerfuss to a second term on the PAPUC. Zerfuss was also [reappointed](https://us.list-manage.com/HQm1VXisG_0?e=3f91345e4a&c2id=116e7827cfbf0a0c855672e5de30913e) to a national Federal and State Current Issues Collaborative

 

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