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N.Y. Court Extends Temporary Restraining Order Against PSC "Full Stop" Retail Market Orders

April 6, 2016

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Copyright 2010-16 EnergyChoiceMatters.com
Reporting by Karen Abbott • kabbott@energychoicematters.com

The New York Supreme Court for the County of Albany has extended the temporary restraining order applicable to certain orders contained in the New York PSC's "full stop" retail market order until April 25th, Feller Energy Law Group's Energy Law Tribune reported

The extension results from a stipulation between plaintiffs and the PSC

The temporary restraining order applies to Ordering Clauses #1-3 of the PSC's order (listed below)

Additionally, the hearing on the plaintiffs' request for a preliminary injunction has been pushed to May 5, from the original April 14.

This hearing date essentially extends the temporary restraining order further, until May 5

Additional time has been granted for parties to file replies with the court.

The temporary restraining order was in response to petitions from various ESCO parties seeking an order declaring the PSC's order void, for various legal deficiencies

The judge had further ordered the PSC to show cause, originally by April 14, why the court should not grant an order staying enforcement of Ordering Clauses #1-3 and preliminarily enjoining the PSC from enforcing such Ordering Clauses

Ordering Clauses #1-3 from the PSC's February 23 order were as follows:

1. Consistent with the body of the Order and subject to the exceptions described therein, effective ten calendar days from the date of this Order, energy service companies (ESCOs) shall only enroll new residential or small non-residential customers (mass market customers) or renew existing mass market customers in gas or electric service if at least one of the following two conditions is met: (1) enrollment where the contract guarantees that the customer will pay no more than were the customer a full-service customer of the utility; or (2) enrollment based on a contract for an electricity product derived from at least 30% renewable sources.

2. ESCOs must receive affirmative consent from a mass market customer prior to renewing that customer from a fixed rate or guaranteed savings contract into a contract that provides renewable energy but does not guarantee savings.

3. For each ESCO that intends to enroll new mass market customers or renew existing mass market customers once Ordering Clause No. 1 has gone into effect, the Chief Executive Officer (CEO) or equivalent corporate officer of the ESCO must make a filing by 4:00pm on the tenth calendar days after the date of this Order certifying that any enrollments will comply with the conditions of this Order.

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