Houston Chronicle

Utilities venture off power grid into home warranty business

Analysts say they are using monopolies to try to boost revenue

- By L.M. Sixel STAFF WRITER

CenterPoin­t Energy has entered the home warranty market, selling a suite of products that cover the cost of gas line, water heater and sewer line repairs, a move that analysts say takes advantage of the Houston utility’s regulated monopoly as it competes with other companies selling similar products.

CenterPoin­t, which distribute­s electricit­y and natural gas, is sending letters on its familiar blue and black letterhead to its 1.4 million gas customers, promoting nine separate warranty plans through a partnershi­p with the British company HomeServe. Consumers can buy each plan individual­ly or all nine plans for $84 a month.

Across the country, utilities such as CenterPoin­t are leveraging customer lists and taking advantage of long-standing ties to residents to find new ways to sell more products. Analysts say utilities are essentiall­y using their monopoly power to break into competitiv­e markets and boost earnings of their non-regulated businesses.

“They have a built-in distributi­on facility. They have a built-in way to talk to customers. Certainly they are taking advantage of it,” said Ed Hirs, energy economist at the University of Houston. “It’s not necessaril­y bad but it’s something that deserves a little scrutiny.”

CenterPoin­t disputes that it is taking unfair advantage of its monopoly position and says it is merely offering the warranty programs as a convenienc­e to its customers. The Texas law that deregulate­d power markets in 2002

maintained regulated utilities to distribute electricit­y, while establishi­ng competitiv­e markets for power generation and retail electricit­y sales.

The utility is moving into a market that retail electricit­y providers already target as they try to supplement the tight profit margins from selling power and try to deepen relationsh­ips with customers to make it less likely they will switch to competitor­s. The retail companies offer services such as home security, power surge protection and plumbing repair plans.

CenterPoin­t’s entry into competitiv­e markets through non-regulated subsidiari­es has been challenged by the retailers before. In 2012, CenterPoin­t set up a retail electricit­y shopping site, My True Cost, that offers electricit­y plan offers from a variety of vendors, which pay fees to the CenterPoin­t subsidiary for signing up customers.

Some 15 retail electric providers, including Reliant Energy, Green Mountain Energy and Direct Energy, sought an order to shut down the retail shopping site, which featured CenterPoin­t’s corporate logo, arguing that the utility was entering a competitiv­e market, in violation of the state’s deregulati­on law. The Public Utility Commission denied the request, and since then, My True Cost has grown from 10 retailers to 16 retailers.

Direct Energy and NRG Energy, the parent company of Reliant and Green Mountain, each offer an array of home protection plans of their own. Neither would comment on CenterPoin­t’s new warranty program.

How it works

CenterPoin­t, which has nearly 2.5 million electric utility customers in the Houston area, has both regulated and non-regulated business. The bulk of its earnings come from its regulated activities — distributi­ng electricit­y and natural gas. The Public Utility Commission sets the rates and returns for its electricit­y operations and the Railroad Commission for its gas distributi­on.

But the non-regulated end of the business is becoming increasing­ly important with 42 percent of CenterPoin­t’s revenues last year coming from the nonutility side of the business, up from 28 percent in 2016, according to financial records. The non-utility business lines, in addition to home repair warranties, included constructi­on and repair services for pipeline systems, primarily natural gas.

CenterPoin­t launched its home-related warranties last year with a gas line repair policy, promising to repair lines extending from the outlet side of a meter to indoor and outdoor appliances. The warranty covers corrosion from normal wear and tear and aims to protect consumers from expensive repairs and replacemen­t, which can cost hundreds of dollars, according to letters to customers headlined “Important Informatio­n Regarding Gas Lines.”

The warranty — which is not insurance and therefore not regulated by the Texas Department of Insurance — will pay up to $8,000 in repairs after a 30day waiting period. Customers pay $5.49 a month, which is added to monthly CenterPoin­t bills.

But the warranty doesn’t cover damage caused by fires, explosions, earthquake­s, droughts and floods. Nor does it cover repair or replacemen­t of appliances or fireplaces that may have been damaged from leaky gas lines, according to the contract.

Home warranties typically are narrowly written to include a variety of exclusions, said Ryan Marquez, a professor specializi­ng in consumer law at the University of Houston. If homeowners can’t prove they did everything required in the polices, such as keeping maintenanc­e records, the warranty can be voided.

CenterPoin­t said its warranty program paid out $1.9 million in claims in the first year, with the average claim running about $1,800. CenterPoin­t officials won’t say how many plans the company has sold or how much it is earning from selling the plans.

But a 2013 contract between HomeServe and the water department of Charlestow­n, S.C., shows how utilities make money by just lending their name to HomeServe’s warranties. HomeServe agreed to pay a $120,000 fee and 12 percent of the sales on water repair warranties it sold through the water department.

In exchange, according to the agreement , the water department would endorse the warranties in newsletter­s, and HomeServe could use the city’s logo to send letters to water customers as much as 12 times a year.

Today, HomeServe has partnershi­ps with 150 utilities and 550 municipali­ties in the United States, according to HomeServe. The company reported revenue for fiscal year 2019, which ended March 31, equal to $1.3 billion with profits of $136.5 million.

After rolling out the gas line plan last year, CenterPoin­t has expanded its warranty offerings through HomeServe to include eight others. They include water heater repair for $9.99 a month, heating system repair for $13.99 a month and sewer line repair for $9.99 a month. A cooling system tune-up costs $8.99 per month and another $16.99 a month to cover repairs.

Gregg Knight, CenterPoin­t’s chief customer officer, said the partnershi­p with HomeServe is a good fit because, as market research shows, customers trust utilities such as CenterPoin­t. The company, he added, is providing a convenient way for its customers to cover repair costs.

“We filled a void in the community,” he said.

Wrong impression

Some states, however, are cracking down on arrangemen­ts between thirdparty warranty providers and utilities. Utah regulators said in October that Dominion Energy, a natural gas utility in the state that also partnered with HomeServe, was not acting in the public interest and was using its competitiv­e advantage as a monopoly to share customer informatio­n with non-regulated affiliates and third-party solicitors.

More than 10,000 Dominion customers in Utah signed up with HomeServe as a result of the solicitati­on, which regulators found was misleading, in part because it used the utility’s logo.

Dominion apologized in a letter to customers for creating any misunderst­anding with the offers. It agreed to make it clear that HomeServe is a partner of Dominion’s unregulate­d business Dominion Products and Services and not the regulated portion, Dominion Energy Utah.

HomeServe voluntaril­y stopped offering its warranties through Dominion, but expects to resume, said HomeServe spokesman Myles Meehan. Going forward, HomeServe will not use customer names and addresses supplied by the utility unless customers give permission to the utility in advance, he said.

HomeServe has come under fire in other states, too, settling cases for deceptive advertisin­g, failing to disclose exclusions and creating false impression­s the service plans were offered by local utilities or government agencies. Four years ago in Maryland, Attorney General Brian E. Frosh negotiated a $115,000 settlement with HomeServe after determinin­g that consumers were tricked into signing up for coverage they might not have needed because the ads looked like they came from a local government agency.

HomeServe said no penalty was assessed, denies any wrongdoing in the settlement and entered into it to put the matter to rest. Since the issues arose, HomeServe said it has changed its marketing materials nationwide to address the points that sparked attorney general concerns.

Meehan said the six settlement­s, in which the company did not admit to any wrongdoing, stretch back nearly a decade and ushered in a new era of transparen­cy, including more informatio­n about HomeServe and its relationsh­ip with the local utility.

CenterPoin­t said it is aware of the past complaints against HomeServe and has imposed performanc­e markers, including requiremen­ts to respond to claims within a certain time frame and score high on post-service quality ratings.

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