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New York PSC Adopts Customer Protections, Rules For Distributed Energy Resources (DER)

Requires DER To Obtain Customer Consent

Adopts Standard Disclosure

Requires Mass Market DER Registration With PSC

October 18, 2017

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Copyright 2010-17
Reporting by Paul Ring •

The New York PSC adopted several customer protections and rules governing the marketing and sale of distributed energy resources (DER), via a set of uniform business practices

A final order (nor a draft) was not yet available

Based on a Staff presentation at today's PSC meeting, the PSC is requiring DER suppliers to obtain "clear and explicit" customer consent. The form of acceptable customer consent and authorization was not specifically discussed

Generally, many of the PSC's most prescriptive requirements (including those described below) will apply to on-site DER services provided to mass market customers as well as community distributed generation

A standard disclosure form was adopted

The PSC will require DER providers to submit a "registration" form with the Commission, and file sample contracts

The PSC will require any savings forecasts to be based on a standard baseline pricing, using actual historical utility prices

A three day rescission period will apply

Further details were not immediately available

Staff said that bonding requirements proposed earlier in the case were not ultimately adopted

DER providers will be permitted to obtain customer information, via EDI, upon obtaining customer consent

The PSC is seeking comment on additional issues, such as a limit on DER termination fees, and production guarantees

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