New York Court Issues Temporary Restraining Order Preventing Implementation of ESCO Low-Income Service Prohibition
August 11, 2017 Email This Story Copyright 2010-17 EnergyChoiceMatters.com
Reporting by Paul Ring • email@example.com
The State of New York Supreme Court, Appellate Division, Third Judicial Department has issued a temporary restraining order (TRO) under which the New York PSC is, "temporarily restrained and enjoined from enforcing or implementing," the PSC's order generally prohibiting ESCOs from serving assistance program participant (APP) customers
A Supreme Court had recently (see story here) upheld the PSC's authority to issue an order generally banning ESCOs from serving assistance program participant (APP) customers, but the TRO temporarily prevents implementation of such order
The Third Judicial Department was addressing a motion filed by the National Energy Marketers Association; Bluerock Energy, Inc.; Residents Energy, LLC; and Verde Energy USA New York, LLC.
The PSC is temporarily restrained from implementing the low-income ESCO service prohibition pending a final determination on a motion to stay the prohibition
The PSC was also directed to show cause why the PSC should not be enjoined from enforcing or re-implementing the low-income ESCO service prohibition until after the court rules on the merits of an appeal of the Supreme Court's order upholding the prohibition.
The PSC was directed to respond to the motion for stay by August 23, and the temporary restraining order will be in place through at least such date.
The PSC, through its press office, issued the following statement on the TRO: "We look forward to the opportunity to be heard by the Appellate Division justices as New York continues to protect consumers and ratepayers from paying too much for their electric and gas service. In this case, we are concerned that low-income customers have been overcharged by millions of dollars by some ESCOs. The Commission’s order will also protect the taxpayers and ratepayers of New York who subsidize energy discounts for low-income New Yorkers."