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ESCO Recently Moved Customers To Another Retail Supplier
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The New York PSC revoked the eligibility of FC Energy Services, LLC to operate as an energy services company in New York for what the PSC found was violating UBP §2.D.1 by failing to file its annual compliance filing for 2023 and UBP §2.D.2 by failing to file a triennial compliance filing.
The PSC said that Department of Public Service Staff sent multiple inquiries to FC Energy Services, LLC concerning the filings, as well as formal NOAV letters. The PSC said that FC Energy Services has still not made the required filings
The PSC also said that FC Energy Services did not respond to a prior PSC show cause order concerning the matter. In the June 2023 show cause order, the PSC had established a 30-day response deadline for an answer.
FC Energy Services did make a filing described as an answer to the show cause order on Sept. 11, 2023. It was unclear if such answer was substantively considered in the PSC's Sept. 18 written order, which was voted on during the Sept. 14 PSC public session.
The PSC said that data reported by the utilities indicate that FC Energy does not currently serve any customers.
FC Energy Services Company, LLC said in its Sept. 11 filing that, "FC Energy acknowledges that it
did not timely file its annual and triennial updates, but respectfully asserts that it should not be
further penalized for the reasons noted herein."
FC Energy Services Company, LLC said in its Sept. 11 filing that, "In late 2022, prior to the deadline for filing the annual and triennial updates, the company
individual responsible for handling FC Energy’s regulatory compliance retired. As a result of that
retirement and other developments, FC Energy began exploring a potential transition of the
company, including a corporate restructuring and potential withdrawal of FC Energy from the
market. As noted in the Order to Show Cause, FC Energy shared this development with
Department of Public Service Staff when seeking an extension of time to file its triennial filing. Unfortunately, this corporate review and restructuring took longer than anticipated and was only
recently resolved. Indeed, FC Energy notified the New York Independent System Operator that it
was withdrawing from the market effective August 7, 2023."
Notably, FC Energy Services Company, LLC said in its Sept. 11 filing that, "Any remaining customers that were
being served by FC Energy were transferred to a different energy service company ('ESCO') as of that date. Notably, FC Energy has only provided services to its own affiliated entities, so FC
Energy has no remaining obligations to any customers."
It was unclear if the ESCO referenced by FC Energy as the recipient of its customers is an affiliate of FC Energy Services Company, LLC, or an unaffiliated ESCO.
It is understood FC Energy Services has an affiliation with Brookfield Properties, which itself is part of the Brookfield Asset Management family of companies
FC Energy Services Company, LLC said in its Sept. 11 filing that, "As a result, FC Energy hereby provides notice that it is voluntarily forfeiting its eligibility
to serve as an ESCO in New York. As noted above, FC Energy ceased operating in the State in
August and moved all of its customers to another ESCO around that same time. In addition, FC
Energy has no current plans to provide electric supply services to its affiliated non-residential
customers at any point in the future."
Case 23-E-0154
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PSC Revokes ESCO's Eligibility
September 18, 2023
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Copyright 2010-23 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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