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Settlements between competitive supply companies and the DPU

The Department of Public Utilities (DPU) oversees competitive supply companies. The DPU monitors and enforces compliance with the DPU’s consumer protection rules and regulations through informal and formal investigations. On this page, you will find a list of all informal investigations of competitive supply companies that resulted in a settlement, also known as an Informal Remedial Plan, and a list of all formal investigations of competitive supply companies.

Overview

The Department of Public Utilities (DPU):

  • licenses electric and gas competitive supply companies, electricity brokers, and gas retail agents (we refer to them as competitive supply companies);
  • ensures that competitive supply companies comply with the Commonwealth’s consumer protection laws (G.L. c. 164, §§ 1A-1F, 102C), DPU regulations (220 CMR 11.00; 220 CMR 14.00), and DPU rules established pursuant to DPU Orders (D.P.U. 14-140; D.P.U. 16-156; D.P.U. 19-07); and
  • investigates consumer complaints made against a competitive supply company.

The DPU can investigate a suspected violation through (1) an informal review or (2) a formal investigation.

Competitive supply companies that are noncompliant with consumer protection laws and the DPU’s rules and regulations may be subject to a revocation or suspension of their license, a remedial plan, monetary payments, or a combination of all three. 

Informal reviews

The DPU's Delegated Commissioner (currently Elizabeth Anderson) opens informal reviews. An informal review can result in a settlement, also known as an Informal Remedial Plan, between the Delegated Commissioner and the competitive supply company.  Informal Remedial Plans are public documents and can be found through the links in the table below.

Company's settlementDate settlement finalizedAlleged behaviorMonetary refund to customers or donation to a non-profitOther stipulations 
Direct Energy Services, LLC12/19/2025Failure to comply with telemarketing script requirement for 407 customers enrolled between July 2024 and June 2025Donation of $101,750 to Boston Medical Center’s Clean Power Prescription programNo outbound telemarketing for 1 year 
Dynegy Energy Services (East), LLC5/16/2025Failure to comply with municipal aggregation opt-out requirement for customers in the Quincy, Andover, Belchertown, Boxford, and Malden municipal aggregation programs$100 credit to 58 customers enrolled and supplied by Dynegy, and $25 credit to 2,802 customers enrolled by but not supplied by DynegyNone
Titan Gas, dba CleanSky Energy9/22/2023Failure to comply with door-to-door notice requirementDonation of $5,250 to ReachNone
Harborside Energy of Massachusetts, LLC4/21/2023Failure to comply with door-to-door notice requirementDonation of $15,150 to the Mental Health Association (Franklin and Hampden Counties)None
Residents Energy, LLC8/25/2022Failure to comply with municipal door-to-door permitting requirement$33,000 charitable donationNone
Atlantic Energy MA, LLC8/8/2022Failure to comply with door-to-door notification requirement between August 2020 and April 2022Donation of $24,750 to Saheli, Inc.None
Eligo Energy MA, LLC8/4/2022Actions regarding the marketing and sale of electricityNoneReturned all residential customers to basic service and exited the residential market for 2 years
CleanChoice Energy, Inc.1/15/2021Incorrect information in direct mail marketingRefund for each customer enrolled by the direct mail marketing materialOne year price increase and renewal restrictions for its customers
SFE Energy Massachusetts, Inc.12/17/2020Deceptive telemarketing conductRefund fixed monthly fees to affected customers, and waive fixed monthly fees for affected customers going forwardRequired changes to telemarketing processes and procedures
Spark Energy, LLC3/19/20192 individuals marketing on behalf of Spark Energy breaking and entering a residenceNoneIncreased training and oversight of door-to-door marketing agents and vendors
Sunwave Gas & Power Massachusetts, Inc.3/5/2019Noncompliance with 2018 renewable portfolio standard obligationNoneTemporarily prohibited from enrolling customers and required to make compliance payments

Formal investigations

The DPU dockets formal investigations, also known as Notices of Probable Violations, which are opened by Commissioner Anderson. Formal investigations are adjudicatory proceedings that may include intervenors, discovery, and hearings and can be resolved via settlement or a final order issued by the Presiding Commissioners.  Jeremy McDiarmid and Staci Rubin are currently the Presiding Commissioners.  Links to the formal investigations for competitive suppliers are listed in the table below.  

Company nameCase numberDate investigation openedAlleged behaviorOutcomeRelevant documents
CleanChoice Energy, LLCD.P.U. 25-1389/15/2025Problematic marketing practicesPendingDocument opening case against CleanChoice
Palmco Power MA, LLC d/b/a Indra EnergyD.P.U. 20-485/4/2020Problematic telemarketing practicesTemporarily prohibited from telemarketing to residential customers, refund to 23 customers, and a settlement payment of $460,000

Document opening case against Indra Energy

Settlement between Indra Energy and Delegated Commissioner

Final Order on case against Indra Energy

Mega Energy of New England, LLCD.P.U. 20-474/23/2020Problematic telemarketing practicesExited the residential market for 3 years and a settlement payment of $100,000

Document opening case against Mega Energy

Settlement between Mega Energy and Delegated Commissioner

Final Order on case against Mega Energy

Union Atlantic Electricity, LLCD.P.U. 19-182/4/2019Noncompliance with 2017 renewable portfolio standard obligationWithdrew license

Document opening case against Union Atlantic Energy

Letter of Union Atlantic Electricity withdrawing its supplier license

Stamp-granted letter on behalf of the Delegated Commissioners closing the case

Date published: January 5, 2026
Last updated: January 14, 2026

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