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NEM Seeks Further Extension For ESCO Compliance With Revised New York UBPs

April 1, 2019

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

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The National Energy Marketers Association (NEM) requested from the New York PSC a further extension for ESCO compliance with the Commission’s Order Adopting Revised Uniform Business Practices (UBP) in the above-referenced proceeding that was issued on January 19, 2018 [hereinafter 'UBP Order'].

NEM requested a further extension of ninety (90) days for ESCO compliance with the UBP Order from the current extension date of April 4, 2019.

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 April 4, 2019.

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 2018 order also clarified ESCO budget billing obligations, and used an older definition for small non-residential customer that ESCOs have said is inconsistent with the definition from the 2016 reset order

"NEM filed a Petition for Clarification and/or Rehearing of the UBP Order on February 16th, 2018, as did other stakeholders. As of this writing, the Commission has not yet issued a decision on the pending Petitions. Compliance with the significant changes required under the UBP Order and any potential modifications to the UBP Order that the Commission may adopt upon review of the Petitions will entail a substantial amount of ESCO time and resources," NEM said

"In the interim pending Commission action on the Petitions, NEM has made multiple requests for an extension of time for ESCO compliance with the UBP Order. NEM first filed a request for extension for ESCO compliance with the UBP Order on February 9, 2018, which was granted to April 6, 2018. In a Notice Further Extending Deadlines issued on March 28, 2018, the compliance deadline was again extended to July 26, 2018. NEM then filed an additional request for extension on July 23, 2018, which was granted to September 24, 2018. The compliance deadline was then extended to January 4, 2019, upon consideration of a request from RESA. Most recently, NEM filed an additional request for extension on December 27, 2018, which was granted to April 4, 2019," NEM said

"In its prior requests, NEM explained a number of factors that justify granting an extension of time for ESCO compliance with the UBP Order. These factors are: the significant nature of the UBP changes in the UBP Order; the resources that will be required for ESCOs to implement the changes; and uncertainty regarding certain terms in the UBP Order that will require Commission clarification in order to ensure ESCO compliance. These factors continue to justify an extension as a Commission Order on the Petitions has not yet been issued," NEM said

"In granting prior extensions of the compliance deadline with the UBP Order, the need for the Commission to consider the pending petitions for rehearing and the avoidance of the administrative burden of complying with an Order that the Commission may determine requires further revision was cited as a rationale. This rationale continues to justify an extension of ESCO compliance with the UBP Order," NEM said

"NEM respectfully submits that, under these circumstances, an additional extension of time of ninety (90) days from the current extension date of April 4, 2019, for ESCO compliance with the UBP Order, is justified and reasonable," NEM said

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