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New York PSC Secretary Denies "Extension Request" Sought By ESCO In Retail Market Reset Proceeding
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The Secretary of the New York PSC has denied what was termed an "extension request" filed by ABC Energy concerning a PSC order in the retail market reset proceeding (Case 98-M-1343 et al.), as the Secretary noted the lack of specific relief requested by the ESCO
It was unclear for what orders ABC Energy was seeking an extension (which is why Matters did not previously cover the request), especially as some of the rehearing order deadlines are actually after the sought extension date ostensibly sought by ABC.
For example, as stated in the ordering paragraphs, the ESCO product and pricing limits take effect 150 days after the PSC's September 18 order on rehearing, or on or about February 15, 2021
However, as more fully discussed below, ABC sought an extension for compliance until, "on or about 1/4/2021"
The only ostensible deadline that would be before January 4 would be that, "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. 3 (i.e., 150 calendar days following the date of this Order) are directed to file an application in accordance with the body of this Order as well as the December 2019 Order no later than 60 calendar days of the date of this Order," or on or about November 17, 2020
In any case, ABC Energy had filed the following pleading in the reset case:
"Please accept this extension request to incorporate the guidelines set forth in the aforementioned order for 90 days until on or about 1/4/2021 to account for hardships experienced due to the health and safety concern related restrictions related to the Covid-19 virus.
"The COVID-19 virus has ravaged our home state of New York and has affected our business in nearly every way imaginable. Specifically pertaining to this order, the negotiations have been considerably slower with vendors to provide the most beneficial value-added service to our customers that we can.
"ABC Energy has also been greatly affected by staffing issues caused by the COVID-19 Pandemic as some of our crucial staff regarding vendor accounts have chosen to voluntarily furlough amidst the pandemic.
"Staffing and other COVID-19 related issues have also affected nearly all of the local vendors who provide services which has caused us hardships in verifying beyond question that the vendors in-screening can and will provide impeccable value-added service to Mas-Market [sic] customers.
In response, the Secretary denied the request and issued the following ruling:
"I received your October 6, 2020 letter on behalf of ABC Energy requesting an extension until January 4, 2021, to account for hardships experienced due to pandemic-related concerns and restrictions.
"Please be advised that, due to the failure to identify a Commission order, specific guidelines, or currently applicable deadlines, the extension request is denied."
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October 12, 2020
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Copyright 2010-20 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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