Industry "Still Left Guessing" After New York DPS Technical Conference On Broker Regulation Order, Retail Suppliers Say In Renewed Extension Request

August 9, 2023

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Copyright 2010-23 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The NRG Energy retail suppliers filed a letter with the New York PSC on August 9 in further support of NRG's previously reported request for an extension of the deadlines under Ordering Clauses 5, 6, and 8 of the PSC's June broker regulation order, as the NRG suppliers said that, "industry stakeholders are still left guessing as to the Order’s requirements," after a DPS Staff technical conference held on August 8

NRG said, "The technical conference had over 360 participants, all seeking further guidance from Department Staff and expressing the collective concern that more time is needed to understand and meet the compliance obligations. Although the technical conference lasted approximately two hours, there was insufficient time to address all of the questions that had been submitted in advance, or even the additional questions raised during the technical conference. Indeed, over 10 of NRG’s questions that it had submitted in advance were not answered."

"Department Staff therefore indicated that it would consider reconvening the technical conference at a future date and time or potentially issue written guidance. It is unclear if and when the technical conference will be continued or whether and when written guidance might be made publicly available. This is despite the fact compliance obligations under the Order commence in a mere three weeks," NRG said

NRG alleged, "It should also be noted that for the questions actually addressed at the technical conference, Department Staff’s responses were either unhelpful or further demonstrated the need for the Commission to address the pending petitions for rehearing before the Order’s compliance obligations are effective. By way of example, Staff indicated that it will retroactively apply the prohibition on paying broker compensation to an unregistered energy broker or consultant, even where the underlying contract pre-dates August 31, 2023. This is an issue directly raised by NRG in its rehearing petition. In other contexts, Department Staff declined to provide any guidance and referred interested parties to their own attorneys to decipher questions regarding the Order’s requirements, including but not limited to whether certain groups of industry stakeholders are indeed covered entities. They also confirmed in some instances that the statutory language itself did not provide specific authority for certain requirements."

"In short, industry stakeholders are still left guessing as to the Order’s requirements, whether or not they are even required to register and comply with those requirements, and what those requirements entail. They are also in no better position today following the technical conference to ensure that they can comply with the Order. NRG therefore reiterates its request for an extension of the compliance obligations in Ordering Clauses 5, 6, and 8 during the pendency of NRG’s and other petitions for rehearing. Such an extension is necessary and warranted to promote the fair, orderly, and efficient conduct of this proceeding," NRG said

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