Seven New York ESCOs Receive Extension Of Enforcement Discretion Concerning Green Natural Gas Plans Not Subject To Price Limits -- EnergyChoiceMatters.com

Seven New York ESCOs Receive Extension Of Enforcement Discretion Concerning Green Natural Gas Plans Not Subject To Price Limits

May 25, 2022

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Copyright 2010-21 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The General Counsel of the New York Department of Public Service has informed seven ESCOs of an extension of enforcement discretion concerning the ESCOs' offering of mass market green natural gas plans without being subject to the pricing limits otherwise applicable to such plans

The ESCOs were informed of an additional 60 days of enforcement discretion, until July 24, 2022

"Given the unique and specific situation presented by the expiration of this waiver ... [and] [g]iven that [ESCO's] petition is still pending resolution, on behalf of the Public Service Commission, I confirm an extension of the exercise of enforcement discretion for an additional 60 days (i.e., until July 24, 2022) during which time the Department will not pursue enforcement action against [ESCO] regarding the waiver period," the substantively identical letters from the DPS general counsel said to each ESCO

Previously, the PSC had granted a one-year waiver to the ESCOs, who were serving existing customers under such green gas plans, to continue providing service under such plans while the issue of green natural gas plans, and whether they would be subject to the pricing limits adopted in a January 2021 order, was addressed in track II of the retail market reset proceeding. To date, there has been no further order from the PSC addressing the issue of green gas plans as a value-added service not subject to the pricing limits. The ESCOs have filed petitions for extension of the waiver, but such petitions also remain pending.

After the expiration of the waiver period, the DPS's counsel previously provided notice of enforcement discretion, but such discretion was to expire on May 25, 2022

The seven ESCOs receiving notice of enforcement discretion were:

• Alpha Gas & Electric LLC

• American Power and Gas LLC

• Family Energy Inc.

• Green Mountain Energy Company

• Just Energy New York Corp.

• Kiwi Energy NY LLC

• Viridian Energy (PA), LLC

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