Another ESCO Seeks Further Extension Of Compliance Deadline For New York PSC's Retail Market Reset Order (Price Cap, etc.)

June 26, 2020

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Reporting by Paul Ring • ring@energychoicematters.com

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Family Energy, Inc. has sought a further extension of the compliance deadlines in the New York PSC's December 12, 2019 retail energy market reset order

As more fully discussed in our prior story, the PSC's reset order imposed limitations on ESCO products for mass market customers. One eligible product under the PSC's order is a fixed-rate commodity product that is priced at no more than 5% greater than the trailing 12-month average utility supply rate. Another authorized product is a product that guarantees savings over the utility price, as reconciled on an annual basis

Under previously granted extensions, the compliance deadline for the new ESCO product limits is August 10, 2020

Family Energy requested that the Secretary extend the deadlines by an additional ninety (90) days

Family Energy made note of its prior extension request. "In support of Family’s March 10, 2020 Extension Request, Family explained that: (1) key questions which were raised at the January 22, 2020 technical conference remain outstanding and that certain expected guidance materials have yet to be distributed to Energy Service Companies ('ESCOs') to aid in the development and implementation of compliant products and services; and (2) Family’s updated contracts, which include new product proposals, terms, and conditions of service, have yet to be approved by Department of Public Service ('DPS') Staff, placing Family in a 'Catch 22' whereby it may need to contractually notify its customers of forthcoming changes to products and services without having approved contracts or sufficient market security to move forward," Family Energy said

Family Energy noted pending petitions for clarification and/or rehearing, and noted that, as previously reported, "On June 16, 2020, a group of several ESCOs ('NRG Companies') filed a request, pursuant to ordering clause 13 of the Order, for an additional ninety (90) day extension. The NRG Companies note that the July 16, 2020 Commission session ('July Session Date') is the earliest date on which the Commission could act upon the several outstanding petitions for clarification, rehearing, or reconsideration. This July Session Date is less than thirty (30) days from the present August 10, 2020 compliance deadline set forth in the Secretary’s April 7, 2020 Notice Granting Extension Requests."

"Given the above-referenced circumstances, there is insufficient time -- both from a contractual or regulatory obligation standpoint, and a practical product development standpoint -- to provide necessary and appropriate notices to customers, let alone implement new products and services consistent with the Order," Family Energy said

"In light of these circumstances, Family respectfully requests that the Secretary extend the deadlines set forth in the Order by an additional ninety (90) days to promote the fair, orderly, and efficient implementation of the Order, prevent undue administrative burdens on ESCOs seeking to comply in good faith with the Order, and to ensure customers are appropriately notified and managed in accordance with their contracts and applicable regulations," Family Energy said

Case 15-M-0127, et al.

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