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New York Court Consolidates Appeals Of Broker Regulation Order

September 30, 2024

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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The New York Supreme Court for the County of Albany has consolidated two separately filed appeals of the New York PSC's broker registration and regulation order

The separate cases were filed by Citizens Choice Energy, LLC and Diversegy, LLC (Index 907356-24), and the New York Retail Choice Coalition (NYRCC) and M&R Energy Resources Corp. (Index No. 907244-24).

The court agreed that the two cases present "common questions of law and fact", and thus the cases would be more efficiently addressed on a consolidated basis

While several policy issues raised in each appeal are generally the same -- the PSC's decision to exclude bonds as an acceptable means of financial assurance, and the PSC's treatment of independent contractors, vendors, agents, and similar entities -- each petition alleges, in part, unique alleged infirmities contained in, or arising from, the PSC's broker order and/or the procedure relied upon by the PSC in the order's development

As first reported by EnergyChoiceMatters.com, the court has, originally in Index 907356-24, allowed all aspects of the broker regulation order to become effective, except for the financial security requirements (see more details here)

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