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Update: Here Are The Specific PULP Discovery Requests NY ESCOs Do Not Have To Respond To Due To Customer-Specific Info

PSC Affirms Deadlines For Responses Of Other Challenged Discovery Requests

August 4, 2017

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

The New York PSC issued a written order addressing interlocutory appeals of an order from the presiding ALJs in the PSC's retail evidentiary proceedings concerning a PULP motion to compel

As first reported by EnergyChoiceMatters.com on Wednesday, based on discussion at the PSC's meeting this week, the PSC generally denied the interlocutory appeals from ESCOs and is requiring ESCOs to respond to most of PULP's information requests.

However, as previously reported, the PSC reversed the ALJs' with respect to discovery responses which would require ESCOs to provide PULP with customer-specific info such as name, address and account number, as the PSC ruled that ESCOs should not be compelled to disclose customer-specific info

The written order specifically holds that no Energy Service Company (ESCO) shall provide or disclose the information requested in the two discovery requests labeled PULP-ESCO 20 & 21

PULP-ESCO 20 & 21 were as follows:

• PULP-ESCO 20: For the months identified in response to question 18 and 19, please provide the following: a. The audio recordings in CD format of each sales call during which the ESCO or the ESCO’s agent solicited a residential gas or electric customer to enroll with the ESCO, whether the customer agreed to enroll by the end of that recorded call or not; and b. The audio recordings in CD format of verification of enrollment of each customer whose enrollment was submitted by the ESCO or ESCO’s agent to the distribution utility. c. If the ESCO can provide the customer names for each individual audio clips, please do so by labeling the audio clips in the CD with that customer’s name.

• PULP-ESCO 21: Please provide a separate list identifying the residential customers you enrolled for each New York distribution company for the months identified in response to question 18 and 19. This list should be in excel format and have the customer's name, distribution company, distribution company account number, and address.

As previously reported, the PSC affirmed that ESCOs in the proceeding must answer PULP's other data requests which require production of:

• Sales scripts, marketing and promotional materials and related documents

• Scripts used in telemarketing campaigns and all door-to-door marketing campaigns

• A list of all sales or marketing training materials involving the UBPs and other issues, and records confirming that certain employees have received training in a wide array of areas

• Documents related to internal audits and investigations

• Identification of internal discipline and/or sanctions imposed as a result of marketing actions in New York

In the ALJs' original ruling, ESCOs were given 5 days to respond to PULP's discovery requests. Given the appeals, the ALJs stayed such ruling until 15 days after the Commission issues a determination of the interlocutory appeals. The PSC did not alter such deadline in ruling on the appeals

Separately, in denying interlocutory appeals of the scope and process for the evidentiary phase of the proceeding (previously reported here), the PSC addressed the deadline for other discovery responses which had been broadly tolled pending the appeal related to the scope and procedural tenor of the case.

In denying the appeals, the PSC ruled that, "The parties to these proceedings shall produce documents and information in response to discovery questions that were the subject of the May 15, 2017 Ruling and May 23, 2017 Ruling consistent with the discussion in those rulings and in this order, within 15 days of the date of this order."

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