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Updated: New York PSC Gives ESCOs 30 Days, From Date Updated Utility APP Lists Provided, To De-enroll Low-Income Customers

September 15, 2017

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

As first reported by EnergyChoiceMatters.com yesterday, the New York PSC adopted an order extending 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, and which requires utilities to provide updated lists of APP customers to ESCOs

Generally (except for supplier consolidated billing at NFGD), for those APP customers which must be de-enrolled (ESCOs may continue to serve existing term customers until the end of such term, as defined by the PSC's prior orders), ESCOs shall, within 30 days of receiving the updated APP customer information from the electric and gas distribution utilities, de-enroll any customer accounts identified by the electric and gas distribution utilities, provided that existing contracts will continue until their expiration (as defined in the PSC's prior orders).

Utilities are to provide to ESCOs updated information concerning their customers' APP status by September 22

The complete ordering clauses setting forth various deadlines are below:

1. Electric and gas distribution utilities that have tariffed provisions providing for retail access are directed to, if they have not already done so or if they have updated information, by September 22, 2017, place a block on all assistance program participant accounts, preventing those accounts from being enrolled with an energy service company.

2. Electric and gas distribution utilities that have tariffed provisions providing for retail access are directed to, by September 22, 2017, communicate current information to each energy service company serving assistance program participants which accounts the ESCO is no longer eligible to serve, consistent with the discussion in the body of this Order.

3. Energy service companies that participate in the ESCO Consolidated Billing Model in National Fuel Distribution Corporation’s service territory are directed to, by September 29, 2017, communicate to National Fuel Distribution Corporation which accounts the ESCO is receiving a HEAP payment on the customer’s behalf.

4. No change is necessary to the original deadline for filing with the Secretary drafts of the letters to be sent to energy service company customers that are assistance program participants informing them that they will be returned to utility service.

5. Electric and gas distribution utilities that have tariffed provisions providing for retail access and energy service companies that participate in the ESCO Consolidated Billing Model in National Fuel Distribution Corporation’s service territory are directed to, by October 6, 2017, send the letters developed pursuant to Ordering Clause 4 to energy service company customers that are assistance program participants, consistent with the discussion in the body of the December 16, 2016 Order.

6. Electric and gas distribution utilities that have tariffed provisions providing for retail access are directed to, on a rolling basis, communicate to each energy service company serving customers who subsequently become assistance program participants which accounts the ESCO is no longer eligible to serve by sending an updated list of such accounts, consistent with the discussion in the body of the December 16, 2016 Order.

7. Energy service companies that participate in the ESCO Consolidated Billing Model in National Fuel Distribution Corporation’s service territory are directed to, on a rolling basis, communicate to National Fuel Distribution Corporation which accounts the ESCO is receiving a HEAP payment on the customer’s behalf.

8. Electric and gas distribution utilities that have tariffed provisions providing for retail access are directed to on a rolling basis, notify energy service company customers that subsequently become assistance program participants by sending such customers the letters developed pursuant to Ordering Clause 4, informing them of the prohibition imposed by this Order and that they will be returned to utility service.

9. Energy service companies that participate in the ESCO Consolidated Billing Model in National Fuel Distribution Corporation’s service territory are directed to on a rolling basis, notify customers that subsequently become assistance program participants by sending such customers the letters developed pursuant to Ordering Clause 4, informing them of the prohibition imposed by this Order and that they will be returned to utility service.

10. Every energy service company eligible to serve customers in New York State shall, within 30 days of receiving the communication from the electric and gas distribution utilities pursuant to Ordering Clause 2 and 6 of this Order, de-enroll any customer accounts identified by the electric and gas distribution utilities, provided that existing contracts will continue until their expiration.

11. Energy service companies that participate in the ESCO Consolidated Billing Model in National Fuel Distribution Corporation’s service territory shall, within 60 days of the effective date of this Order, de-enroll any customer accounts on whose behalf the energy service company receives a HEAP benefit, provided that existing contracts will continue until their expiration.

12. In the Secretary’s sole discretion, the deadlines set forth in this order may be extended. Any request for an extension must be in writing, must include a justification for the extension and must be filed at least one day prior to the affected deadline.

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