Why is Program Set Up as Opt-Out?

The program rules, which have been established by the State of New Jersey, have been set up this way to ensure that a sufficient number of households will participate to obtain a meaningful bid, and to avoid the costly and time-consuming process of having everyone affirmatively sign up for the program. 

The aggregation rules incorporate consumer protections, and recognize the logistical challenges of a residential procurement program, while at the same time providing a structure that will attract bidders.   

When the retail choice program was originally enacted in NJ in 1999, the rules required that government aggregators be required to obtain a so-called “wet signature” from each residential customer demonstrating the customer’s affirmative consent to join.  After a number of years, it was recognized that this “opt in” approach put such a burden on the programs that none got off the ground, and the model was changed by the State to “opt-out” for residential customers.  Unlike business customers, residential customers represent large numbers and (relatively) small usage/margins for each account.  In order for an aggregation of residential customers to work, it is necessary to get large volumes with as low transaction costs as possible.  This results in the opt-out approach, which gives suppliers a firmer basis for the load they are bidding on, but still provides residential customers with the ability to opt out. 

The State regulations also require that an aggregation program show savings versus the utility-provided rates.  Each residential customer will receive a written notification after the bid, informing them of the price, the comparison to the utility price, and their right to opt out.  As such, each resident will be fully apprised of all pertinent information necessary to make an informed decision.