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Citing Pending Appeals, New Commissioners, RESA Renews Request For Stay of N.Y. PSC Evidentiary Review of Mass Market

June 28, 2017

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

Citing several unresolved interlocutory appeals and discovery issues, as well as the arrival of three new Commissioners (including a new Chair) to the PSC, the Retail Energy Supply Association sought a stay of the PSC's evidentiary proceeding reviewing the retail energy mass markets

Under the current evidentiary proceedings schedule, the due date for initial testimony and exhibits is July 14, 2017, and the evidentiary hearings are set to start on September 6, 2017.

RESA requests that the schedule be stayed until sixty (60) days after the Commission issues a determination on certain pending interlocutory appeals.

RESA noted several interlocutory appeals remain pending before the PSC

"RESA believes that for the new Commission to productively and efficiently work towards policy reforms for the retail energy mass-markets, the new appointees and the incumbent Commissioners need time to review and decide RESA’s pending Interlocutory Appeal. A stay is necessary to provide this time, while avoiding the parties’ need to submit testimony on July 14, 2017 that may not be relevant to the scope of the evidentiary proceedings after the Commissioners decide the Interlocutory Appeal," RESA said

"[B]ecause the issues raised in the Interlocutory Appeal are essential to the validity of the current evidentiary proceedings, and because the newly appointed Commissioners still have not had a chance to review the Interlocutory Appeal and issue a determination on its merits, it is unreasonable to maintain the current Schedule while these issues remain pending before the Commission," RESA said

"If the Commission ultimately grants the Interlocutory Appeal, in whole or in part, the scope and procedure of these proceedings will change significantly and it is wasteful of party and non-party resources, including the Commission’s, to have the parties file testimony and exhibits on a wide array of issues that the Commission may not ultimately address, particularly when those issues concern highly sensitive and proprietary information," RESA said

"Aside from RESA’s Interlocutory Appeal, there is another interlocutory appeal filed by two party ESCOs pending before the Commission. Moreover, there is a pending state court case involving the Protective Order issued in these proceedings. Furthermore, RESA’s expert witnesses just recently gained access to massive amounts of data through Your Honors’ Ruling which granted of [sic] RESA’s motion to gain access to the Joint Utilities’ ESCO keys, for which RESA’s experts need sufficient time to review, analyze and if appropriate, incorporate into their testimony. Motions to compel are pending. Motions to quash or withdraw non-party subpoenas are also pending. Under current extensions and stays, non-party subpoenas are not even returnable until July 27, 2017, after the initial testimony is due. And RESA has yet to gain access to some critical information that other parties have had for months, including particular ESCO keys. With so many open issues, it is unfair to require RESA and the other parties to file initial testimony by July 14, 2017, or meaningfully participate in the evidentiary hearings by September 6, 2017," RESA said

"Therefore, to protect the fairness of these proceedings, and to provide the new Chair and the Commissioners meaningful time to review and issue a determination of the interlocutory appeals, and also to consider whether the format of the evidentiary proceedings is the most effective and proper format for determining how to reform the retail energy mass markets in New York, RESA urges Your Honors to stay the Schedule until sixty (60) days after the Commission issues a determination of the pending interlocutory appeals," RESA said

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