New York PSC Secretary Says DPS Staff Not Subject To Discovery Requests In Show Cause Proceeding Against ESCO

August 5, 2019

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Reporting by Paul Ring • ring@energychoicematters.com

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The Secretary of the New York Public Service Commission (PSC) has sent a letter to Atlantic Power & Gas, LLC informing the ESCO that Department of Public Service (DPS) Staff is not subject to discovery requests in a PSC show cause proceeding against Atlantic Power & Gas

See background on the show cause proceeding in our prior story here

In a letter to counsel for Atlantic Power & Gas, the Secretary noted that, "It has come to my attention that your client, Atlantic Power & Gas, LLC (AP&G), has submitted interrogatories/document requests (IRs) to Department of Public Service Staff (Staff) in relation to [Case 16-M-0618 - Proceeding on Motion of the Commission to Seek Consequences Against Atlantic Power & Gas, LLC for Violations of the Uniform Business Practices]."

"Because this case was instituted solely for the purpose of the Public Service Commission (Commission) deciding whether or not to impose consequences on AP&G, Staff is not a party to this case. As such, Staff is not subject to discovery requests," the Secretary said in the letter

"More generally, given the nature of Case 16-M-0618, discovery is unavailable. As a result, Staff will not be providing responses to your IRs," the Secretary said in the letter

"Please note that the Commission, in its Order to Show Cause issued June 14, 2019 (Order), detailed AP&G's apparent violations of the Uniform Business Practices and directed AP&G to show cause why, based upon the allegations in the Order, the Commission should not revoke AP&G's eligibility to operate as an ESCO in New York, or impose other consequences," the Secretary said in the letter

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