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New York PSC Issues Order To Show Cause To ESCO, Directs ESCO To Show Why Eligibility Should Not Be Revoked

January 18, 2019

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Copyright 2010-19 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The New York PSC today issued a written order directing AAA ESCO, LLC, "to show cause, within 30 days of the date of this Order, why the Commission should not revoke AAA ESCO, LLC’s eligibility to operate as an Energy Service Company in the State of New York or impose other consequences for the reasons stated herein and as described in UBP §2.D.6."

In its order, the PSC stated, "On September 7, 2018, Staff of the Department of Public Service (Department or Staff) issued a Notice of Apparent Failure (NOAF or Notice) to AAA ESCO, LLC (AAA) for failure to file with the Secretary its 2nd Quarter 2018 historic pricing data. Further, AAA is delinquent in filing its 3rd Quarter historic pricing data."

In its order, the PSC stated, "By this Order to Show Cause and based on AAA’s repeated failures to respond to Commission obligations when due, AAA is required to show cause why its eligibility to act as an Energy Service Company (ESCO) in New York State should not be revoked or, alternatively, why other consequences as set forth in the Commission’s Uniform Business Practices (UBP) should not be imposed."

In its order, the PSC alleged, "On September 7, 2018, Staff sent a NOAF to AAA, instructing AAA to file its required 2nd Quarter 2018 historic data by September 14, 2018. AAA’s 2nd Quarter historic price report was filed September 12, 2018. The September 7th NOAF also reminded AAA that this was the second NOAF sent to them within one year -- the first NOAF was sent on November 14, 2017 because AAA failed to file its Triennial Compliance with the Department. The September 7th NOAF also notified AAA that the Department would not issue any further NOAFs to AAA, which appear to serve primarily as reminders of AAA’s UBP obligations, and that Staff instead would recommend to the Commission that it issue an Order to Show Cause regarding AAA’s habitual failure to comply with the UBP. Staff further explained that the consequences of an Order to Show Cause could include the revocation of AAA’s eligibility to operate as an ESCO in the State of New York."

In its order, the PSC alleged, "AAA has not complied with the UBP-required filing deadlines for AAA’s historic pricing data. AAA has repeatedly ignored the deadlines for the filings since historic pricing was first required to be reported. Each quarter, Staff has sent multiple reminders to AAA that they are in violation of the UBP and time after time AAA has failed to abide by the Commission’s filing deadline rules. AAA has also been issued a previous NOAF for other types of overdue compliance filings for which deadlines are also clearly established."

"Therefore, the Commission, orders AAA to explain why, based upon the allegations and findings described herein, its eligibility to provide services as an ESCO in New York should not be revoked or, alternatively, why other consequences should not be imposed," the PSC stated in its order

Case 18-G-0721

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