New York PSC Grants ESCOs Further Extension For Compliance With Certain Clauses Of Retail Market Reset Order, Including Product & Pricing Limitations
April 7, 2020 Email This Story Copyright 2010-20 EnergyChoiceMatters.com
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The Secretary of the New York PSC has granted ESCOs a further extension to comply with various ordering clauses under the New York PSC's retail energy market reset order
As previously reported, on January 22, 2020, the Secretary extended the deadline for several ordering clauses, setting forth a deadline of May 11, 2020 for ESCOs to comply with Ordering Clauses 1, 2, and 5, and a deadline of June 8, 2020 for ESCOs to comply with Ordering Clause 6 (The ordering clauses are noted below).
Under the granted extension, the new compliance date for Ordering Clauses 1, 2, 5, and 8 is August 10, 2020, and the new compliance date for Ordering Clause 6 is September 9, 2020.
The Secretary stated in the notice of extension that, "Upon consideration of all stakeholders’ interests and given the importance of ensuring an orderly transition and implementation of the Order’s requirements, an additional extension is warranted. Based on the information provided, and considering the justifications underlying the extension requests, an extension of 90 days is granted to ESCOs eligible to operate in New York to comply with the requirements of Ordering Clauses 1, 2, 5, 6, and 8 of the Order. The new compliance date for Ordering Clauses 1, 2, 5, and 8 is August 10, 2020, and the new compliance date for Ordering Clause 6 is September 9, 2020. No extension is provided by this Notice with respect to the remaining clauses of the Order. Nothing in this Notice should be construed as limiting the Commission’s authority to establish different or more particular implementation deadlines, including in any order addressing the aforementioned petitions."
The relevant ordering clauses from the original reset order, whose deadlines were already extended once to the dates listed above, are as follows:
1. Consistent with the body of this Order (Section III) and subject to any exceptions identified therein, effective 60 calendar days from the date of this Order, energy service companies (ESCOs) shall enroll new residential or small nonresidential customers (mass-market customers) or renew existing mass-market customer contracts for gas and/or electric service only if at least one of the following conditions is met: (1) enrollment includes a guaranteed savings over the utility price, as reconciled on an annual basis; (2) enrollment is for a fixed-rate commodity product that is priced at no more than 5% greater than the trailing 12-month average utility supply rate; (3) enrollment is for a renewably sourced electric commodity product that (a) has a renewable mix that is at least 50% greater than the ESCO’s current Renewable Energy Standard (RES) obligation, (b) the ESCO complies with the RES locational and delivery requirements when procuring Renewable Energy Credits (RECs) or entering into bilateral contracts for renewable commodity supply, and (3) there is transparency of information and disclosures provided to the customer with respect to pricing and commodity sourcing.
2. Consistent with the body of this Order (Section III.D.3), effective 60 calendar days from the date of this Order, any mass-market customer contract for a fixed-rate commodity service that is subject to automatic renewal shall be renewed by the ESCO only as a contract for variable-rate, commodity-only service that includes a guaranteed savings over the utility price, unless the ESCO obtains affirmative customer consent to renew the contract as a fixed-rate contract that is priced at no more than 5% greater than the trailing 12-month average utility supply rate.
5. Revisions to Section 2 and Section 5 of the Uniform Business Practices are adopted in accordance with the discussion of the body of the Order. The revisions shall be effective 60 days following the date this Order is issued.
6. ESCOs currently operating in New York that intend to continue to renew contracts with customers in New York and/or enroll new customers in New York following the effective date of Ordering Clause No. 1 (i.e., 60 calendar days following the date of this Order) are directed to file an application in accordance with the body of this Order no later than 30 calendar days following the date the revisions to the Uniform Business Practices become effective (i.e., no later than 90 calendar days following the date of this Order).
8. Electric and gas distribution utilities that have tariffed provisions providing for retail access are directed to file tariff amendments or addenda to incorporate or reflect in their tariffs the Uniform Business Practices revisions approved in Ordering Clause No. 5. The tariff revisions shall be filed, on not less than one day’s notice, to become effective on or before February 10, 2020.