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New York ALJ Extends Deadline To File Initial Testimony in Evidentiary Review of Retail Markets (Potential Complete Prohibition On Mass Market Sales)

February 7, 2017

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Copyright 2010-17 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

A New York ALJ has extended the deadline by which parties must file direct testimony in the PSC's Track I evidentiary process to examine the retail energy markets.

As previously reported, the PSC's Track I evidentiary review will develop a record as to: (a) whether ESCOs should be completely prohibited from serving their current products to mass-market customers; and (b) whether the regulatory regime, rules and Uniform Business Practices applicable to ESCOs need to be modified to implement such a prohibition, to provide sufficient additional guidance as to acceptable rates and practices of ESCOs, or to create enforcement mechanisms to deter customer abuses and overcharging, including whether the Commission decision not to subject ESCOs to Article 4 of the Public Service Law should be revisited.

See more details on the evidentiary review here, including potential outcomes other than a complete ban, such as a ban on door-to-door selling, ESCO rate caps, and the regulation and tariffing of ESCO rates

The ALJ extended the deadline for the submission of pre-filed direct testimony and exhibits by 30 days, to May 8, 2017 versus the original April 7 deadline

The ALJ favored Staff's proposed 30-day extension of the deadline for direct testimony versus a proposal from the Retail Energy Supply Association and National Energy Marketers Association which would have extended the deadline by 45 days.

The ALJ established a deadline of June 5, 2017 for rebuttal testimony and exhibits and scheduled the start of the evidentiary hearing for June 26, 2017. For the sake of planning, four days are assumed for the evidentiary hearing, the ALJ said

A briefing schedule will be fixed at the conclusion of the evidentiary hearing.

The ALJ's ruling also confirmed discovery procedures. Of note, the ALJ said that, if, in response to information requests, any party is asserting confidentiality pursuant to 16 NYCRR §6-1.3, that party is instructed to notify the parties and the ALJ of the assertion of confidentiality, including an explanation of the asserted basis for confidentiality in accordance with 16 NYCRR §6-1.3(b)(2).

Responses to information requests containing confidential information need only be provided to the ALJ, Staff and the state's utility intervention unit (UIU). As discussed at a procedural conference, Staff and UIU are subject to Public Service Law §15 or Public Officers Law §74, or both, which provide for disciplinary action, fine or prosecution for the disclosure of confidential information. This process may later be modified with the adoption of a protective order, the ALJ said

Case 15-M-0127 et. al.

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