New York PSC Grants Extension For ESCO Compliance With New Mass Market Pricing & Product Limits

February 4, 2021

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Reporting by Paul Ring • ring@energychoicematters.com

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The New York PSC has granted an extension for ESCOs to comply with certain ordering clauses of its retail market rehearing order, including the mass market pricing and product limitations

An extension of 60 days was granted for Ordering Clauses 3, 4, and 5 of the Rehearing Order, which included the previously reported product limits, which are further noted in the quoted Ordering Clauses below

"Based upon the information that has been provided in the filings noted above, an extension of 60 days is granted to ESCOs eligible to operate in New York to comply with the requirements of Ordering Clauses 3, 4, and 5 of the Rehearing Order. The new compliance date for Ordering Clauses 3, 4, and 5 is April 16, 2021," the PSC's Secretary stated in granting an extension

"No extension is provided by this Notice with respect to the remaining clauses of the December 2019 Order or the Rehearing Order," the PSC's Secretary stated

Ordering Clauses 3, 4, and 5 of the Rehearing Order were as follows:

3. Effective 150 calendar days from the date of this Order [e.g. Feb. 15, 2021], energy service companies (ESCOs) shall enroll new residential or small non-residential 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:

(A) enrollment includes a guaranteed savings over the utility price, as reconciled on an annual basis;

(B) 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; or

(C) enrollment is for a renewably sourced electric commodity product that

(i) has a renewable mix that is at least 50% greater than the ESCO’s current Renewable Energy Standard (RES) obligation as demonstrated by the procurement of Renewable Energy Credits (RECs) and/or the making of Alternative Compliance Payments (ACPs) equal to the number of megawatt hours (MWH) associated with that renewable mix,

(ii) the ESCO complies with the RES locational and delivery requirements when procuring RECs, and

(iii) there is transparency of information and disclosures provided to the customer with respect to pricing and commodity sourcing.

(D) enrollment is for a product or service otherwise expressly authorized by the Commission.

4. Effective 150 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 Sections 1, 2, and 5 of the Uniform Business Practices are adopted in accordance with the discussion of the body of this Order, as well as the discussion in the body of the Order Adopting Changes to the Retail Access Energy Market and Establishing Further Process, issued December 12, 2019, in these proceedings (December 2019 Order). The revisions shall be effective 150 days following the date this Order is issued.

Case 15-M-0127, et al.

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