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New York Grants Significant Extension Of Deadline To Comply With Revised Uniform Business Practices

March 29, 2018

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

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The New York PSC has extended until July 26, 2018 the deadline for ESCOs to comply with the Commission’s January 19, 2018 Order Adopting Revised Uniform Business Practices

As previously reported (see details here), among other things, the revised Uniform Business Practices now require ESCOs, for residential and small non-residential customers, to conduct, "an independent third party verification," for any sale resulting from a scheduled appointment, in addition to door-to-door and telephonic sales

The January order also clarified ESCO budget billing obligations, and used an older definition for small non-residential customer that ESCOs said is inconsistent with the definition from the 2016 reset order

The PSC Secretary had previously extended the deadline for compliance until April 6, 2018

The extension was granted in light of several requests for rehearing and/or clarification of the January 19 order filed by ESCOs, or requests for additional time for compliance

On March 28, 2018, a Notice Concerning Petitions for Rehearing, Reconsideration, and/or Clarification was issued by the PSC, stating that the requested possible grant of rehearing of the petitions, noted above, entails the amendment of a "rule" for purposes of the State Administrative Procedure Act (SAPA) §202 and, therefore, a Notice of Proposed Rulemaking (Notice) complying with SAPA with respect to the petitions was transmitted for publication in the State Register on April 11, 2018. Comments pursuant to the SAPA Notice will be due on June 11, 2018.

"In light of the additional comment period and in order to provide time for the Commission to consider the requests for rehearing, the deadline for ESCOs eligible to operate in New York and electric and gas distribution utilities that have tariffed provisions providing for retail access to comply with the Commission’s Order Adopting Revised Uniform Business Practices is extended to July 26, 2018. This extension is granted in order to promote the fair, orderly and efficient conduct of this proceeding," the PSC's Secretary directed

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