NY PSC Secretary Grants Further Extension Of Deadline For ESCO Compliance With Revised UBPs

June 21, 2019

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Reporting by Paul Ring • ring@energychoicematters.com

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The Secretary of the New York PSC has granted a further extension for ESCO compliance with the revised Uniform Business Practices (UBPs) that had been adopted on January 19, 2018.

Under the Secretary's notice, the compliance deadline is extended until October 3, 2019.

Similar to prior extensions, the extension was only granted until a date certain (October 3, 2019), as opposed to 90 days after a PSC order on rehearing, as sought by ESCOs

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.

"In light of the fact that the petitions for rehearing 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 to October 3, 2019. This extension is granted in order to promote the fair, orderly and efficient conduct of this proceeding," the Secretary said

Extensions had been sought by the Retail Energy Supply Association as well as the National Energy Marketers Association

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

As previously reported, 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.

Case 98-M-1343

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