Protecting and Advancing a Fair Competitive Marketplace

How our Government and Regulatory Affairs teams work on behalf of our business customers.

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As one of North America’s largest retail energy suppliers to businesses¹, NRG is committed to protecting energy choice and advancing the interests of our business customers across our service footprint and beyond. We do this primarily through our Government Affairs and Regulatory Affairs (GA&RA) teams, who work with local, state, provincial, and national legislative and regulatory bodies to advocate for customer choice and a regulatory environment that can benefit all energy consumers.

Our GA&RA teams are organized in a manner that ensures NRG’s interests — including those of our customers and partners — are represented and our voices heard by policymakers:

  • Government Affairs team members are politically connected and have the expertise required to navigate the legislative process. They work with stakeholders to protect and advance our interests and provide solutions to the problems policymakers identify for action.
  • As legislation becomes law, public utility commissions and other entities then implement rules or define/change processes to comply with that law. Regulatory Affairs works with those entities to ensure the operability of new rules and with NRG’s operational teams to ensure compliance with those rules.

Why is regulatory advocacy important?

The energy regulatory policy sphere is always evolving. Regulations can be a positive occurrence when they bring order and fair outcomes to a situation that may otherwise be unfair, biased, ambiguous, or chaotic. Regulations can also increase the cost of doing business or create a less competitive structure in which energy suppliers and energy brokers are serving and energy choice customers are shopping. This is why having a team of individuals seasoned in the governmental policymaking process and embedded in federal and regional governing bodies is an invaluable asset.

With the goal of keeping the rules and market constructs fair and the cost of service low, NRG GA&RA representatives work to:

  • Follow, educate, and negotiate the details of legislation and regulations, as well as how they are implemented
  • Provide testimony for or against certain legislation/rules
  • Provide detailed analysis and recommendations for alternative approaches to proposed energy market rules and regulations in order to retain/facilitate a well-functioning competitive energy marketplace
  • Take an active role in utility regulatory proceedings that determine rates and other energy supply costs that impact customers
  • Keep the business fully apprised of changes that we must make to comply with laws and compliantly serve our customers

Our GA&RA teams also leverage their relationships with the utility companies to resolve technical issues that may arise. This can include issues like missing customer usage, data transfer inaccuracies, customer status failures (i.e. enrollments and drops), incorrect or missing utility charges, utility-supplier portal issues, and general utility billing system errors.

Our teams in action: advocating for our customers and brokers

Some recent examples of how NRG’s GA&RA teams have been working on behalf of customers and brokers:

New York:

As the New York Public Service Commission (PSC) issued an Order to set the rules around the Energy Broker and Energy Consultant Registration Requirements, the NRG Regulatory Affairs team was actively involved in meeting with Department of Public Service (DPS) staff, attending the public hearings, submitting multiple rounds of written comments, filing petitions for rehearing, requesting answers and clarification where requirements were unclear or undefined, and assisting teams across NRG on what specific operational changes will need to be made to support the new rules. During the process, the effective date was set to occur prior to when the Commission was able to clarify some of the details that were being questioned by NRG and others. As a result of NRG’s petitioning, the PSC delayed the effective date for several months until they provided additional clarity on the rules, giving brokers and consultants time to review what the process would entail and prepare to register.

New Jersey:

The New Jersey Board of Public Utilities’ (BPU) Energy Competition Rules (“Chapter 4”) are expiring in 2026 and the BPU is planning to do a major rule revamp, with the rule review process set to begin in the fall of 2024. The NRG Regulatory Affairs team is conducting an extensive review of those rules and will submit formal written recommendations in this process. It’s not uncommon, as members of Regulatory Affairs can attest, that rulemaking processes can result in unfavorable changes to existing rules — even small changes can have big, long-lasting effects. The team is therefore highly engaged in making fair and favorable recommendations in these cases and filing comments opposing details that stifle customer options or limit our ability to provide financial value.

Ohio:

The NRG Government Affairs team, who recognized a need for fair practices around carbon offsets, last year proactively drafted a carbon offset bill (SB 174) and found a leading senator in the majority party to sponsor it in the Ohio General Assembly. The bill aims to create a transparent and uniform marketplace for carbon offsets and bring integrity to what is being offered. Since there are no specific decarbonization requirements in the state, this bill will help businesses that are aspiring to voluntarily lower their carbon footprint to accurately report on the purchases they’ve made to achieve their goals. A member of the NRG Government Affairs team, as well as the Alliance for Energy Choice — a gas and electric supplier trade association — have testified in favor of the bill, which has been well received. The next step in the legislative process will be to hear opposition testimony, however, there is no strong opposition to the bill.

Influencing positive outcomes for our partners, customers, and for a competitive market is a job that NRG GA&RA team members are passionate about.

"Our team takes to the field every day to go to bat for our customers. Whether it’s at the state house or the public utility commission, our game plan is to expand and protect the energy service choices available to customers — and help keep their costs in check. We’re swinging for the fences!"

John Holtz NRG Senior Director of Market Development and Regulatory Affairs

Don’t be reticent. Get involved.

NRG’s advocacy efforts are often augmented by our customers and brokers, who can speak from experience on the benefits of a competitive marketplace — or the unintended consequences of certain policy changes. When this personal touch is applied to educating legislators, it can go a long way in influencing the outcome of the policy debate. In fact, hearing from constituents can sometimes have a greater impact than hearing from another retail supply company.

For example, during the 2024 Maryland Legislative Session, Senate Bill 1 was introduced. The bill, as originally written, would have effectively eliminated energy choice in the state for all customer classes by driving up costs and severely restricting competitive supply options.

The NRG Regulatory Affairs team immediately mobilized and coordinated with industry stakeholders to engage in opposition. They also worked with our business sales team to engage NRG customers to submit testimony and appear at hearings to oppose the measure. The team provided customers with the details around what was in the bill, its impact, and what they could do (and how) to oppose the bill’s language. NRG Vice President of Regulatory Affairs, Travis Kavulla, testified against the bill during Senate and House hearings and some of what he highlighted came from NRG customer statements and testimonials opposing the measure.

The results of all of this? The legislature was persuaded to exempt commercial and industrial customers from the bill, leaving businesses free to shop for their electricity and gas provider and choose a product that fits their business.

“Customer engagement is incredibly impactful. It complements and is often even more compelling than supplier advocacy and testimony,” said Sarah Battisti, NRG Senior Director of Government Affairs. Legislators, she said, “have a hard time voting for something that is going to harm the constituents in their districts.” She added that “it's important for elected officials to hear from their constituents, including brokers, consultants and energy consumers — especially in cases where legislation will have a negative impact.”

In New York, when the process to update the Energy Broker and Consultant Registration Requirements surfaced, NRG’s Regulatory Affairs team was actively involved in the process, attempting to influence an outcome that wasn’t as burdensome, time-consuming, and costly as what was being proposed. However, despite there being multiple opportunities for comment, there was very light representation from the broker community.

Director of Regulatory Affairs, Angela Schorr, who led NRG’s involvement in the process, noted that more participation and louder opposition from the broker community in New York would’ve been helpful during the process.

“Hearing directly from those who are or can be negatively impacted by proposed rules can go a long way when policymakers are handing down final decisions,” Schorr said.

Stay apprised of the regulatory landscape in your region and take action when needed

With a team of professionals working with policymakers across deregulated markets, the NRG GA&RA teams have a pulse on policy activity in your region — oftentimes before it takes root. Through our quarterly webinars, we share important details on regional policy developments impacting the energy industry. You can also access energy policy insights in our Energy Policy Pulse blog series or learn more about members of our team through our People Power blog series.

Our GA&RA experts also make themselves available to customers and brokers at our regional events. These engagements provide a fantastic opportunity to learn about legislative and regulatory activity that may impact your business — and how and when to reach out to your elected officials or regulators and take a position. If you would like to connect with one of our regulatory experts, please ask your NRG Account Executive to arrange an introduction.

If you’ve ever wanted to make a difference in shaping policy decisions, there’s no better time than now. And it’s easier than you think. We’re here to support you and your business when you’re ready.

¹Based on 2023 NRG Energy, Inc. company filings and DNV and ERGC retail market share estimates.