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New York DPS Staff Submit For ALJ Signatures Another 33 Subpoenas To ESCOs

ESCOs Seek Stay Of Motion To Compel Pending Interlocutory Appeal

June 1, 2017

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

Staff of the New York Department of Public Service submitted, for the signatures of the presiding ALJs, an additional 33 subpoenas duces tecum to be issued to ESCOs who are not parties to the PSC's evidentiary proceeding reviewing the retail energy mass markets.

In a letter to the ALJs, DPS Staff stated, "As you know, a significant number of the ESCOs participating in the New York retail market are not parties to these proceedings and thus are not subject to discovery under the Department of Public Service’s Rules of Procedure. As a result, many non-party ESCOs have not responded to Department of Public Service Staff’s (Staff) information requests. Therefore, it is appropriate and necessary to utilize the subpoena power of the Public Service Commission, provided in Public Service Law §19, to compel responses from non-party ESCOs. These entities represent a significant portion of the New York retail energy market and the information requested will assist Staff in evaluating the status of that market. The subpoenas duces tecum would direct provision of documents and information identical to that requested of parties to the proceedings captioned above."

Staff had previously submitted 143 subpoenas to be served on non-party ESCOs

Separately, Constellation NewEnergy, Inc., Constellation Energy Gas Choice, LLC and Direct Energy Services, LLC petitioned for a stay of the ALJs' recent ruling granting a PULP motion to compel (see story here), as Constellation and Direct stated an intent to seek an interlocutory appeal of the ruling

"Since compliance with the Ruling would require Constellation and Direct Energy to produce certain confidential information and documents, disclosure of which would necessarily render an interlocutory appeal moot, Constellation and Direct Energy respectfully request a stay of the Ruling until 15 days after the New York State Public Service Commission issues a determination on their Pending Appeal," Constellation said

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