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New York PSC Denies Interlocutory Appeal On Sought Stay In Retail Mass Market Evidentiary Briefing Schedule, Reserves Ruling On Remaining Matters

April 30, 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, via a One Commissioner Order from Chair John B. Rhodes, has denied, with respect to solely the post-hearing briefing schedule, an interlocutory appeal, filed by the National Energy Marketers Association, of the presiding ALJs' ruling which had denied a motion from NEM to stay the evidentiary proceedings in the retail mass market review, pending a decision from the New York State Court of Appeals on appeals from NEM and ESCOs concerning the PSC's authority over ESCOs.

The One Commissioner Order denied a stay of the post-hearing briefing schedule, which had established April 30 as the due date for reply briefs, but did not address any other issues raised on the interlocutory appeal, which had also sought a stay of the proceeding generally (apart from the briefing deadlines).

"There are no deadlines currently pending in Track I that would require review on an expedited basis except the reply brief deadline," the Commission ruled in the One Commissioner Order

"The request for a last-minute stay of today’s longstanding deadline for the submission of reply briefs is denied for the reasons stated by the assigned Administrative Law Judges in the underlying ruling. Also, National Energy Marketers Association has not demonstrated any irreparable harm from the filing of reply briefs to support its request to stay the submission of reply briefs. Parties that believe that the Commission should go forward with consideration of how best to protect mass-market customers would, however, be harmed, since a stay of filing of reply briefs would hinder such consideration," the Commission ruled in the One Commissioner Order

"The remainder of the request for interlocutory review of the ruling is not decided at this time," the Commission ruled in the One Commissioner Order

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