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

June 18, 2019

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Reporting by Paul Ring • ring@energychoicematters.com

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The Retail Energy Supply Association has sought from the New York PSC a further extension for ESCO 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 5, 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

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

RESA requested an extension of the effective date of the revised Uniform Business Practices requirements until ninety (90) days after the Commission issues a decision on the pending Petitions for Rehearing, Reconsideration and/or Clarification of the Order.

"[A] a ninety-day extension of the effective date of the UBP revisions, commencing on the date the Commission issues a decision on the Petitions, is justified for two principal reasons. First, an extension is warranted in light of the potential for a ruling by the Commission on the pending Petitions that could result in further revisions to the UBP and render efforts taken to come into compliance with the Order futile. Second, an extension is warranted because, even after the Commission has issued a decision on rehearing, in order to comply with the Order, ESCOs will need to address numerous operational changes and, thereafter, implement the appropriate solutions," RESA said

In its extension request RESA had noted that various parties have challenged and/or sought clarification of many of the revised provisions of the UBP, including, inter alia:

• Section 5.B.2, which requires a third party verification for the enrollment of small non-residential customers resulting from door-to-door sales, telephonic enrollment and scheduled appointments;

• Section 5, Attachments 1.A and 2.A, which address TPV requirements;

• Section 2.G, which pertains to compliance with the Clean Energy Standard;

• Sections 5.A and 5.K.1, which address service provider changes for customers who want to opt out of community choice aggregation;

• Section 5.L.2, which pertains to voluntary budget billing and levelized payment plans;

• Sections 10.C.1.b.1 and 10.C.1.d, which change the information displayed on ESCO representatives' badges.

"When the Commission rules on the Petitions, it may further revise certain of the above-described provisions. Thus, postponement of the effective compliance date until after the Commission has rendered a decision on the Petitions will eliminate the burden of possibly implementing operational changes twice; thereby, avoiding wasted time and resources. Moreover, in order to avoid the time and expense associated with any further extension requests, an extension of the compliance deadline based on the date on which the Commission issues a decision on the pending Petitions would be appropriate," RESA said

Case 98-M-1343

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