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New York PSC Adopts Order Granting More "Generous" Timeline For ESCOs To De-enroll Low-Income Customers

Will Require Utilities To Provide Updated Lists Of APP Customers

Grants One Waiver Allowing ESCO To Serve APP Customers, Denies Two Other Requests


September 14, 2017

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

The New York PSC today adopted an order which Staff described as being more "generous" to ESCOs with regards to the deadline for implementation of the PSC's prohibition on ESCO service to low-income customers and the requirement to return assistance program participant (APP) customers to default service

During a discussion at the meeting, Staff described the order as, "giving the ESCOs what they asked for."

Among other things, the order will direct utilities to provide ESCOs with updated lists of APP customers by September 22

The order maintains the same intervals for the deadlines in terms of implementing the APP prohibition as set forth in the PSC's prior orders, but counts the implementation days differently (essentially, as described by Staff, the order adopted by the PSC "deducts" the time before the issuance of a temporary restraining order in terms of counting towards calculating the compliance date, thereby extending the deadline outward)

Staff also described the order as restoring the "original" deadlines from the APP prohibition order, consistent with ESCOs' requests. The prohibition order had originally granted ESCOs 30 days to de-enroll customers once receiving a list of APP customers from the utilities

The Commission during its discussion did not explicitly state the new date by which ESCOs would be required to de-enroll APP customers. A written order was not yet available

However, the deadline under Staff's prior interpretation was proffered as September 25, and it is clear that this September 25 deadline was not adopted (due to new customer lists being due from the utilities by September 22)

The order will also allow ESCOs to petition the PSC Secretary for an extension upon a showing of good reason

APP Service Waiver Requests

The PSC also approved a waiver allowing Ambit Energy to serve low-income customers with a guaranteed savings product, in the manner described in our story today on a draft order

The PSC denied waivers to serve APP customers sought by Drift Marketplace Inc. and M&R Energy Resources Corp.

The PSC removed from its agenda consideration of the waiver sought by Just Energy New York Corporation, and deferred action on such request. As previously reported, a draft would have denied the waiver sought by Just Energy, and the draft would have concluded that Just Energy did not definitively establish that its proposed guaranteed savings product could provide guaranteed savings to APP customers. Just Energy today filed a letter with the PSC in response to the draft, stating that, contrary to a statement in the draft, Just Energy provided supplemental information concerning its waiver request in response to Staff inquiries

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