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New York PSC Grants Additional ESCOs Extension Of Deadline To Comply With End Of Green Gas Waiver

October 21, 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 granted, to several additional ESCOs, 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 sought rehearing of the PSC's order, in separate requests. Several ESCOs 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

As previously reported, the PSC earlier this month granted Family Energy an extension of the deadline, to 60 days beyond the Commission’s resolution of Family’s rehearing petition

The Secretary's ruling on Family Energy's request did not specifically discuss an extension broadly applicable to other ESCOs

The Secretary has now issued separate rulings granting the same extension to Green Mountain Energy and American Power & Gas (e.g. until 60 days after the Commission’s resolution of each of these ESCO's individually filed rehearing petitions)

The Secretary also granted extensions to two ESCOs which did not file rehearing requests

Specifically, the Secretary granted Viridian Energy PA, LLC and Kiwi Energy NY LLC extensions until 60 days after the other ESCOs' rehearing petitions are resolved

However, the Secretary stated in letters to each of these ESCOs the following (using identical language except for the named ESCO):

"Your request will be granted in part and denied in part. It is noted that Viridian [Kiwi] has not filed a petition for rehearing of the Order. However, it also appears that Viridian [Kiwi] has not begun the process of transferring customers to products or service consistent with the Order. While this failure is not sufficient justification or basis for requesting an extension, in order to help ensure an orderly transition for any affected customers, please be advised that Viridian Energy PA, LLC [Kiwi] is nonetheless granted an extension of the deadline set forth in Ordering Clause 2 of the Order and that the extension will run until such time as the Commission issues its decision in response to the petitions of the other energy companies who have sought rehearing of the Order. It is anticipated that the Commission likely will address the balance of Viridian’s [Kiwi's] extension request, as well as any other remaining compliance issues when it issues its decision(s). The extension described herein is granted in order to promote the fair, orderly, and efficient conduct of these proceedings."

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

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