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New York PSC Sets Process For Consideration Of Rehearing Requests Of Broker Registration & Regulation Order
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The Secretary of the New York PSC has issued a process for consideration of requests for rehearing of the New York PSC's June 2023 order on energy broker registration and regulation
See details on the PSC's broker regulation order here
As first reported by EnergyChoiceMatters.com, on July 24, 2023,
NRG Energy, Inc., and the NRG Retail Companies filed a petition
requesting rehearing and a stay of the Order. On July 24, 2023,
Family Energy, Inc., also filed a petition for rehearing and/or
clarification and motion for stay of the Order. On July 25,
2023, the New York Retail Choice Coalition filed a petition for
rehearing, reconsideration and clarification and motion for stay
of the Order
The Secretary stated that the petitions for rehearing will be treated as timely
filed within the 30-day period prescribed in Public Service Law
(PSL) §22 and 16 NYCRR §3.7(a).
"The statute of limitations to seek review by filing an
Article 78 proceeding should ordinarily be tolled as to the
applicant for rehearing by a timely petition for rehearing under
PSL §22. With respect to the parties seeking rehearing in these
proceedings, the four-month period in which to seek review under
CPLR §217 would not therefore commence until issuance of a
Commission decision on rehearing," the Secretary stated
The Secretary further stated that a Notice of Proposed Rulemaking has been filed with
the Department of State with respect to the rehearing petitions and
supporting responses.
"Consistent with that notice, comments on
the petitions pursuant to SAPA will be due by November 6, 2023," the Secretary stated
"[P]ursuant to 16 NYCRR
§3.3(a)(1), the time for further responses to the petitions for
rehearing under 16 NYCRR §3.7(c) is hereby extended to
November 6, 2023," the Secretary stated
"Joint comments are encouraged," the Secretary stated
"Upon conducting its evaluation
of the rehearing petitions, the Commission may reaffirm its
initial decision or adhere to it with additional rationale in
denying the petitions, modify or reverse the decision in
granting the petitions in whole or in part, or take such other
or further action as it deems necessary with respect to the
petitions," the Secretary stated
Case 23-M-0106 et al.
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August 30, 2023
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Copyright 2010-23 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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