New York PSC Confirms Revocation Of ESCO's Eligibility, Directs Return Of Customers To Default Service
May 16, 2022 Email This Story Copyright 2010-21 EnergyChoiceMatters.com
Reporting by Paul Ring • email@example.com
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In response to a petition for rehearing, the New York PSC confirmed the revocation of Josco Energy Corp.'s ESCO eligibility and confirmed the PSC's prior directive that Josco's customers be returned to utility default service.
The return of customers to default service had been stayed pending a request for hearing from Josco
Josco provided the following statement concerning the matter:
"Josco Energy is in the process of reviewing the Public Service Commission’s Order and will respond accordingly once its review is complete."
Josco in its rehearing petition contended that, "[n]o determinations were ever made by DPS Staff or the Commission that Josco violated the UBP or failed to take appropriate action with respect to any individual customer complaint[.]"
On rehearing, the PSC said, "The Commission views the record in a different light from Josco. To begin with, it is uncontested that DPS Staff has received more than 230 consumer complaints during an approximately three-year time period regarding Josco’s marketing and enrollment actions, many of which occurred after Josco’s proffered commitments to attempt to remedy its practices. The allegations contained in these complaints, coupled with a subsequent review by DPS, provide adequate support for the Commission to find the existence of "a material pattern of consumer complaints on matters within the ESCO’s control.'"
Among other violations cited by the PSC, the PSC said, "Through the Department’s investigation, Josco was found to have violated UBP §5.B.1. in 31 individual cases, wherein Josco could not provide a written or retrievable contract bearing the customer’s signature or an authenticated third party verification, and had no reasonable explanation for the missing documents. These 31 violations ... of the UBP remain absolutely uncontested by Josco. We confirm that they constitute violations of consumer protection requirements."
The PSC ordered that Josco Energy Corp shall, within 60 days from the effective date of the PSC's instant order, return each of its customers to full utility service in the utility service territories it operates, with transfers occurring on the customers’ regularly scheduled meter reading dates.
To the extent any customers remain with Josco after 60 days, the PSC directed the utilities to return such customers to default service