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New York Issues Show Cause Order To ESCO Concerning Continued Eligibility

Revokes Eligibility Of Separate ESCO, As ESCO Drops Customers To Utility Supply

October 12, 2022

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Copyright 2010-21
Reporting by Paul Ring •

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The New York PSC issued an order to show cause to Premier Empire Energy, LLC (Premier), directing that Premier show why its ESCO eligibility should not be revoked, as the PSC alleged that Premier failed to comply with the Commission’s orders implementing the Clean Energy Standard.

The PSC alleged, "Based on NYSERDA’s monthly accounting to date, Premier owes NYSERDA $10,034.53 for ZECs for the period March 2022 to September 2022 and $9.73 for Tier 2 RECs for the period March 2022 to September 2022."

The PSC alleged, "In addition, Premier owes NYSERDA $3,949.14 for an Alternative Compliance Payment (ACP) ... Premier did not purchase Tier 1 RECs throughout the 2021 compliance year. As a result, on July 6, 2022, NYSERDA issued Premier Energy an ACP invoice for the company’s full obligation. Payment of the ACP invoice was due by August 5, 2022. Premier failed to pay NYSERDA for ACPs, and Premier did not accept its 2021 LSE RES compliance report."

The PSC alleged that Premier did not respond to a DPS Staff Notice of Apparent Violation concerning the matter

The PSC ordered that, "Premier is directed to show cause within 30 days of the effective date of this Order why this information does not constitute a violation of the Commission’s Order Approving Cost Recovery, Standardized Agreements and Backstop Principles, issued November 2016 Order, and why its eligibility to provide retail energy services as an ESCO in New York State should not be revoked or, alternatively, why other consequences as set forth in §2.D.6 of the Uniform Business Practices (UBP) should not be imposed."

Case 22-M-0489

Separately, the New York PSC revoked the ESCO eligibility of Sirrius Energy LLC for various alleged violations detailed in a prior show cause order

See background on the alleged violations here, which include alleged instances of slamming

Sirrius previously informed the PSC that it intended to return customers to utility service on or about September 1, 2022

Sirrius also filed to withdraw its eligibility as an ESCO earlier this week

In its new revocation order, the PSC stated, "In this Order, the Commission finds that Sirrius has committed over 100 violations of various provisions of the UBP relating to slamming and record retention."

The PSC also found that relevant sales agreements were non-compliant with the UBP

Specifically, the PSC said, "The absence of pricing information and term length from the sales agreements produced by Sirrius constitutes a violation of UBP §5 Attachment 2.A.2."

To the extent Sirrius has any remaining customers, the PSC ordered that Sirrius Energy LLC shall complete the transfer and return of all remaining customers to distribution utilities within 30 days

Case 22-M-0187


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