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Court Sets Date For New York PSC To Show Cause Why Broker Regulation Order Shouldn't Be Stayed, As Temporary Restraining Order Formally Issued
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The Supreme Court for the County of Albany, New York has ordered the New York PSC to show cause, at a hearing to be held on August 30, why the Court should not issue a stay of the relevant ordering clauses of the PSC's retail energy broker regulation order and why the Court should not preliminarily enjoin the PSC from enforcing such clauses
Furthermore, at such hearing, the Court directed the PSC to show cause why the PSC's broker regulation order should not be declared void under various arguments from appellants, including, among others, the allegation that the order exceeds the PSC's authority, and the allegation that the broker regulation order is in violation of lawful procedure, is affected by errors of law, and/or is arbitrary and capricious
The Court also issued a written directive to the PSC temporarily staying the relevant ordering clauses and temporarily restraining the PSC's enforcement of the relevant ordering clauses
The temporary restraining order applies to Ordering Clauses 3, 4, 6, 7 and 9 of the PSC's April 2024 broker regulation order on rehearing, which are summarized below (the dates listed below reflect prior extensions of the original deadlines)
The temporary restraining order is applicable pending the August 30 hearing noted above and determination of the Court
3. The new Uniform Business Practices (UBPs) reflecting the new broker rules are effective July 31, 2024
4. Utilities must file tariff amendments reflecting the new UBPs to be effective July 31, 2024
6. Brokers/consultants shall comply with the new UBPs
7. Brokers/consultants shall register with the PSC by July 31, 2024
9. ESCOs shall update their customer contracts by July 31, 2024 to include the new disclosure on broker/consultant compensation
The written temporary restraining order and order to show cause was issued in an appeal brought by Citizens Choice Energy, LLC and Diversegy, LLC against the PSC, Index 907356-24
As previously reported, the New York Retail Choice Coalition (NYRCC) and M&R Energy Resources Corp. have filed a separate appeal, Index No. 907244-24. A written copy of any action in such NYRCC proceeding was not immediately available
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August 5, 2024
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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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