New York DPS Staff Seek Extension Of Deadline To File Proposal For Revised Broker Regulations

October 18, 2023

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

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Staff of the New York Department of Public Service have sought additional time to file what would essentially be a version 2.0 of the New York PSC's broker regulations

Staff sought the extension due to pending rehearing requests of the original broker order, which Staff said should be resolved before future modifications are proposed

As previously reported, when the PSC adopted a final broker regulation order in June, the PSC also immediately directed Staff to develop a further refined proposal

In the June order, the PSC had, "in keeping with the purposes of the modifications made to the UBP and UBP-DERS in this Order, which are to increase transparency of fees and accountability of energy brokers and energy consultants," directed Staff to consider additional modifications to the uniform business practices, including to the changes adopted in the order, "with the goal of identifying improvements to the UBP and UBP-DERS’ overall consistency and clarity, promoting transparency and accountability for customers, and creating more streamlined and less burdensome enforcement processes."

As previously reported, the PSC has also extended the compliance deadlines for all of the major requirements under the June broker order pending resolution of rehearing requests

Staff in its extension request noted that the June order directed Staff to, among other things, review the Uniform Business Practices (UBP) and Uniform Business Practices for Distributed Energy Resource Suppliers (UBP-DERS) and identify modifications intended to improve the overall consistency and clarity of the documents.

Staff was directed to provide a proposal for Commission consideration within 120 days of the effective date of the Order

"Staff requires additional time to prepare and file a proposal that complies with the Commission’s directive. Additionally, the modifications to the UBP and UBP-DERS adopted by the Order are currently the subject of several petitions for rehearing and/or clarification, and these modifications should be finalized before Staff proposes additional modifications to the UBP and UBP-DERS at large," Staff said

"Staff is therefore requesting an extension of the deadline for modifications to the UBP and UBP-DERS until such time as the Commission issues its decision in response to the petitions seeking rehearing," Staff said

Case 23-M-0106 et al.

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