NRG Seeks Further Extension Of Compliance Deadline For New York Retail Market Reset Order, Product Limits

August 28, 2020

Email This Story
Copyright 2010-20 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

The following story is brought free of charge to readers by EC Infosystems, the exclusive EDI provider of EnergyChoiceMatters.com

The NRG Energy retail suppliers have sought at the New York PSC an additional ninety (90) day extension, from the current October 9, 2020 compliance deadline, for certain Ordering Clauses contained in the New York PSC's retail market reset order, originally issued on December 12, 2019

NRG sought a further 90 day extension for compliance with Ordering Clauses 1 & 2, which limit ESCO service to mass market customers to three product types, as follows: (1) a guaranteed savings over the utility price, as reconciled on an annual basis; (2) a fixed-rate commodity product that is priced at no more than 5% greater than the trailing 12-month average utility supply rate; (3) a renewably sourced electric commodity product that has a renewable mix that is at least 50% greater than the ESCO’s current Renewable Energy Standard (RES) obligation and which meets other requirements set forth in the reset order

See more background on the reset order here

The basis for NRG's requested extension was the same raised in prior requests filed by the company.

In brief, NRG noted that other parties have requested rehearing of the reset order

"Although the comment period has closed, the Commission has not yet rule [sic] on the Rehearing Petitions and the next scheduled session is not until September 17, 2020, which would occur after the date by which the NRG Retail Companies will be required to send appropriate notices to customers under the current October 9, 2020 effective date. Such notices, both in terms of the universe of customers and substance, have the potential to be impacted by any decision the Commission makes. Indeed, this is compounded by the various questions posed to DPS Staff during the Technical Conference held on January 22, 2020 that either remain outstanding or were met with conflicting guidance," NRG said

NRG also noted that, as previously reported, it has petitioned the New York PSC to offer a green gas product to mass market customers, not subject to either price limitation noted above. Such request remains pending before the PSC

"[B]ased on the Commission's schedule, neither NRG Retail Companies' nor the petitions of any other retail energy companies will be decided until after the date by which the NRG Retail Companies will be required to send appropriate notices to customers under the current October 9, 2020 effective date," NRG said

"Given the foregoing, the NRG Retail Companies respectfully request that they not be required to start implementing the requirements of the Order until there is regulatory finality and guidance on how to proceed as well as confirmation that Green Mountain's Carbon Conscious^SM Plan can be offered in accordance with the Order. Otherwise, we risk needless confusion and disruption for our customers. We therefore request, pursuant to Ordering Clause 13, an additional ninety (90) day extension of the Order's requirements," NRG said

The full text of Ordering Clauses 1 & 2 is below:

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.

Case 15-M-0127, et al.

ADVERTISEMENT
NEW Jobs on RetailEnergyJobs.com:
• NEW! -- VP, Finance -- Retail Supplier
• NEW! -- Sr. Sales Executive -- Retail Supplier
• NEW! -- Energy Systems Analyst -- Retail Supplier
• Billing Specialist -- Retail Supplier  -- Texas
• Retail Energy Account Executive -- Houston
• Business Development Manager