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New York Presiding ALJs Deny Stay In ESCO Evidentiary Proceeding That Had Been Sought By ESCOs Due To Appeal

April 25, 2018

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

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The presiding ALJs in the New York PSC's evidentiary proceeding reviewing the retail energy mass market in an April 24 ruling have denied a sought stay of the proceeding requested by the National Energy Marketers Association

As previously reported, NEM had sought such a stay given that the State of New York Court of Appeals has agreed to hear an appeal from NEM concerning a lower court's order which had addressed the PSC's authority over ESCOs

NEM in its motion for a stay had stated, "Given that New York’s highest Court is going to determine the scope of the Commission’s jurisdiction -- an issue that lies at the heart of these proceedings -- these proceedings should be stayed until after the Court issues its ruling ... Absent guidance from the New York Court of Appeals on these fundamental legal issues concerning the Commission’s authority over ESCOs, the parties will be forced to submit final briefing and make arguments and recommendations to the ALJs and the Commission that are divorced from the law that will be pronounced by the Court of Appeals."

The presiding ALJs ruled that, "NEMA’s motion for a stay of the Track I proceedings is denied. We are aware of the cases pending before the Court of Appeals. Should those cases be resolved prior to a Commission decision we may consider further process at that time. But, recognizing the efforts of the parties, we see no reason to upset the current schedule at this late date."

The presiding ALJs also denied NEM's motion to delay the briefing schedule pending a ruling on its motion for a stay

Post‐hearing reply briefs remain due on April 30, 2018. NEM had asked that such reply briefs be delayed until 10 days after the ALJs decide the motion for a stay of the proceedings (which the ALJs decided in the April 24 ruling discussed above).

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