As Texas continues to grapple with fallout from Winter Storm Uri and state regulators determine the next steps forward to strengthen the electricity grid, protecting consumers and providing transparency regarding their energy bills must be the top priority.
When you think about it, asking for transparency from energy suppliers in the state is a simple and direct request. Free markets thrive only when customers have full transparency and information. There are large discrepancies, however, between notification requirements when it comes to variable rate products—where energy prices change monthly based on the market, versus fixed-rate energy products—where prices are locked in for a defined amount of time. Often, consumers are presented with variable rates that can be twice as much as the original fixed rates, and more transparency is needed to fix this.
Due to new regulations enacted recently as a result of HB16, suppliers are required to notify residential consumers of any change to their fixed rate plans. The legislation falls short, however, in protecting the larger segment of energy consumers, those who are already on a variable rate plan either because their plan expired in the past or they actively chose variable short-term rates, by not requiring notification of rate change for these variable rates. As a steadfast, customer-focused energy provider, we are encouraging the Public Utilities Commission of Texas to adopt legislation that would require that any customer on a variable rate be notified ahead of time of a change so they can make more informed decisions — a pricing notification that 82 percent of consumers are in favor of.
Why are notifications important?
Unfortunately, many energy suppliers thrive by remaining opaque and confusing to the very customers who have invested their trust, and hard earned dollars, in them. In fact, many suppliers have crafted entire business models around the idea that customers will forget that they are on variable rate products and take gross advantage by not notifying customers when the rate changes. This is not a good business practice.
In this type of system, energy providers hike up rates and count on their customers to not notice — it is how they make the most money and secure their bottom line, all at the expense of the customer. As a result, energy consumers are potentially overpaying significant amounts for their energy. We have found some customers were paying almost twice our standard rate before they switched to us.
Second, it is incredibly low cost for energy suppliers to provide this basic notification while also extremely high value to customers. It is consumer protection at its core: providing the consumer with necessary information so that they can make informed decisions about their energy.
Transparency by consumer services is the norm
Rather than keeping business as usual, new legislation should be introduced to mandate email or text message notifications well in advance of any rate change on a variable energy product. If a customer is on a monthly variable rate, for example, this means suppliers would be required to send a notification every month before a rate changes, providing consumers with the opportunity to change energy providers or products as they see fit. These notifications on price hikes and slashes are already in demand: The majority of customers (83 percent) have noted that it is important that their energy provider is transparent with rate changes. We are simply advocating that customers want and should be informed. Life is busy. Customers should have all the important information, such as their energy rates, at their fingertips.
Other consumer services that we use every day, including streaming platforms such as Netflix, Hulu and Disney+, regularly provide this information to their customers. When prices increase on these platforms, customers are notified ahead of time via email and can choose whether to continue service at the new rate or cancel. This simple act of consumer transparency, no matter how long a customer has been a subscriber, is simple, effective and shows trustworthiness from the companies. Most importantly, consumers are always informed and are provided the information needed to make a decision that best fits their lifestyle. Despite the energy industry's long history of opaqueness, the same should be the case for energy suppliers and their customers.
New age of innovation and consumer choice
In addition to acting in the best interest of consumers, legislation requiring energy suppliers to provide timely rate updates to customers on variable energy products would also encourage healthy market competition and spur more innovation within the energy industry. Suppliers would be pushed to think more creatively about the types of products they offer their customers, creating even more options for consumers to choose and benefit from.
No one should be overpaying for energy, especially as a result of sneaky price hikes that they didn't know about. While HB16 tries to address this, it doesn't go far enough. Transparency in energy pricing is necessary and simply the right thing to do.
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Michael Lee is the CEO of Octopus Energy. He is based in Houston.
Photo courtesy of UT Austin 
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