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ESCO Alleges That NY PSC Subpoenas To Non-Parties Is An Attempt To Remove ESCOs From Market

Subpoenas Seek, "To Swat A Fly With A Tank", ESCO Says

June 21, 2017

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

Requiring non-party ESCOs to comply with "burdensome" subpoenas issued by New York Department of Public Service Staff concerning non-party ESCOs' financial and operational history, "is an attempt to remove Planet Energy (and similarly situated entities) as an ESCO in NY by inundating it with irrelevant and unduly burdensome discovery requests," Planet Energy (New York) Corp. said in a June 20 motion to quash the subpoenas

Planet Energy is not a party to the New York PSC's evidentiary proceeding reviewing the retail energy mass market. Planet Energy was one of some 170 non-party ESCOs served with a subpoena to produce various financial and operational information (see details here)

Planet Energy, in its motion to quash, stated, "DPS Staff did not tailor any of its subpoenas to the specific ESCOs targeted by the subpoenas. Instead, DPS Staff has served generic, non-specific subpoenas on all non-party ESCOs serving customers in New York – thus essentially, doing an end around the party/non-party issue. And, as regards ESCO's such as Planet Energy, seeking to swat a fly with a tank."

Planet Energy further alleged in its motion to quash that, "Requiring Planet Energy, a non-party to these proceedings, to respond to these untailored, non-specific and all-encompassing subpoena requests would be unduly burdensome for a small energy services company, overly time consuming, and given the small number of customers served by Planet Energy would not likely effect in any material way the information or analysis of the ESCO market in New York. It is an attempt to remove Planet Energy (and similarly situated entities) as an ESCO in NY by inundating it with irrelevant and unduly burdensome discovery requests."

Planet Energy said in its motion to quash that it provides solely fixed term electricity products to its minuscule number of customers in New York State.

"In November 2012, as a result of a change of ownership at Planet Energy, Planet Energy’s entire customer base in New York was sold to Xoom Energy. All regulatory requirements in New York State were complied with," Planet Energy said in its motion to quash (as had been exclusively reported by EnergyChoiceMatters at that time)

Planet Energy said in its motion to quash that, "In late 2014, Planet Energy NY, under its new management, began to test market sales in the electricity market in New York State. Such marketing efforts were halted in May 2015 and 47 customers are currently enrolled – all on fixed rate contracts. Planet Energy does not sell variable rate contracts in New York State or any other market."

The New York PSC's press office issued the following statement concerning Planet Energy's motion: "The Department of Public Service is gathering facts to be used in an evidentiary hearing to determine whether consumers are paying fair prices for ESCO products and services. Unfortunately, too many ESCOs have refused to participate in this fact-gathering process and have repeatedly rebuffed Department efforts to obtain necessary information, delaying this important public investigation."

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