New York PSC Grants ESCO Extension Of Deadline To Company With End Of Green Gas Waiver -- EnergyChoiceMatters.com

New York PSC Grants ESCO Extension Of Deadline To Company With End Of Green Gas Waiver

October 7, 2022

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

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The Secretary of the New York PSC has, in a letter addressed to Family Energy, Inc., granted an extension of the deadline to comply with the PSC's prior order which had terminated the limited waiver allowing ESCOs to serve existing mass market customers under green gas products without being subject to the otherwise applicable mass market pricing limits

In July, the PSC denied extending the waiver, and directed the seven applicable ESCOs serving legacy green gas customers to, within 120 days, transfer any residential and small non-residential customers currently served on a green gas product pursuant to a waiver to either: (1) a product that complies with the Commission’s December 12, 2019 Order Adopting Changes to the Retail Access Energy Market and Establishing Further Process and the Commission’s January 25, 2021 Order Addressing ESCO Petitions Requesting Authorization to Provide Additional Products and Services [e.g. the price limits]; or (2) full utility service.

See more background here

Several ESCOs, including Family Energy, sought rehearing of the PSC's order, in separate requests. Several ESCOs, including Family Energy, also sought, in separately filed requests, to extend the deadlines for ESCOs to comply with the PSC's order pending resolution of the rehearing requests

In a letter directed specifically to Family Energy and addressing Family Energy's extension request, the PSC Secretary stated, "In your request for an extension of the four-month transfer period, you state that Family seeks Commission rehearing, reconsideration, or clarification of various items including State Administrative Procedure Act, State Environmental Quality Review Act, and Climate Leadership and Community Protection Act issues. You contend that an extension would promote the public interest as it would, among other things, allow Family to continue to supply a 'green' natural gas product to existing customers while the Commission considers Family’s rehearing petition."

"Upon consideration of your request, a 60-day extension beyond the Commission’s resolution of Family’s rehearing petition is granted. The extension is provided to promote the fair, orderly, and efficient conduct of this proceeding," the Secretary stated

Family Energy's "request" cited by the Secretary as being "granted" did not ask that the deadlines be granted solely for Family Energy, but, requested the following relief not specific to an individual ESCO: "implementation of the Ordering Clauses should be extended to ninety (90) days following the Commission’s determination on Family’s Petition in order to permit the fair, orderly, and efficient consideration of the issues raised in the Petition."

Note that the Secretary's ruling extends the deadline for 60 days, "beyond the Commission’s resolution of Family’s rehearing petition," rather than the sought 90 days

Cases 12-M-0476, 15-M-0127, 98-M-1343

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