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New York Court Rules PSC Overstepped Its Authority In Denying Use Of Bonds For Broker Registration
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The New York State Supreme Court, County Of Albany has ruled that, in the New York PSC's broker regulation order, the, "PSC overstepped its authority by
prohibiting the use of bonds to demonstrate financial accountability and acted arbitrarily and
capriciously in doing so[.]"
The Court ordered that the PSC is enjoined from removing bonds as an
acceptable form of financial accountability for retail energy broker and consultant registrations
The Court said, "In this matter, PSC § 66-T*2 specifically states that a bond is an acceptable method to
demonstrate financial accountability. By the inclusion of this specific method, it is presumed
that the legislature means what it says, and therefore the intent is clear that the legislature wanted
to allow bonds as an acceptable method of showing financial accountability."
All other relief requested in the appeal petitions filed by various ESCO parties has been considered by
the Court and were denied.
Petitioners had also argued that the PSC erred in requiring that all persons brokering on an independent contractor (non-employee) basis must be individually registered as a broker
The Court upheld the PSC's order which requires such individual registration of independent contractors
See more background on the case here
Separate appeals (since consolidated by the Court) had been brought by Citizens Choice Energy, LLC and Diversegy, LLC; and also the New York Retail Choice Coalition (NYRCC) and M&R Energy Resources Corp. The Court's order addresses both of these appeals on a consolidated basis
Index No: 907356-24
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Court Upholds All Other Aspects Of Broker Regulation Order (Including Requirement For Independent Contractors To Individually Register)
June 25, 2025
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Copyright 2025 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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