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New York PSC Grants Extension For ESCO Compliance With Revised UBPs

July 24, 2018

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

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The Secretary of the New York PSC issued a notice extending the deadline for compliance with the newly revised Uniform Business Practices (UBPs) that had been adopted on January 19, 2018

The compliance deadline had originally been 30 days from the PSC's January 19, 2018 order adopting the revised UBPs, which had resulted in a deadline of February 20, 2018. Various extensions were previously granted which extended the deadline to July 26, 2018

In a July 23 notice, the Secretary extended the deadline for compliance until September 24, 2018.

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

Various parties have petitioned for rehearing or clarification of the January 19, 2018 order

"In light of the fact that those petitions are still pending before the Commission, 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 60 days, or until September 24, 2018. This extension is granted in order to promote the fair, orderly and efficient conduct of this proceeding," the Secretary stated in a notice

By letter dated July 23, 2018, the National Energy Marketers Association (NEM) had requested a 60-day extension from the date when the Commission decides the pending petitions for rehearing regarding the January 19, 2018 Order. NEM noted that the Commission has not yet issued a decision concerning the rehearing petitions. NEM stated that the concerns raised in an original request for an extension, including the significant nature of the UBP changes set forth in the Order, the resources required to implement the changes, and uncertainty regarding certain terms in the Order that will require Commission clarification in order to ensure ESCO compliance, remain outstanding.

The Retail Energy Supply Association on July 23 also requested an extension until 90 days after the Commission issues a decision on the petitions for rehearing, reconsideration and/or clarification of the Order.

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