N.Y. Considers Licensing Energy Brokers, Requiring Supplier-Broker Agreements To Be Filed With PSC

The New York PSC issued a discussion document drafted by Staff in advance of a previously reported technical conference on ESCO eligibility requirements (licensing), and one of the considerations is the licensing of energy brokers, who are currently not licensed by the PSC.

"Energy brokers could be defined as third parties acting on behalf of a customer to obtain particular electricity or gas service contract or contractual terms. While these brokers are not currently subject to establishing eligibility requirements, eligibility criteria they must satisfy before operating in New York could be considered," Staff said.

"In addition, should the collaborative address procedures for reviewing whether an energy broker's eligibility should be terminated or conditioned," Staff asked.

Staff asked whether the criteria below should be included in broker licensing requirements. Notably, one of the criteria proposed that not only brokers file a list of the suppliers for which they broker with the PSC, but that the broker's specific agreements with ESCOs be filed with the Commission.

Potential Broker License Requirements

a. Contact information of applicant, officers' customer service contact and regulatory contact?

b. A description of energy related services to be performed, customer classes to be served, utility service territories to be served, and methods to be used to market to residential customers?

c. Information regarding services and performance in other states, including any action by any regulator, or complaints filed with the regulatory agency?

d. A summary of Applicant's history of bankruptcy, dissolution, merger, or acquisition in the last two years immediately preceding the date of this application?

e. A list of competitive suppliers with which the applicant-broker entered into an agreement to act as an energy broker in New York, and providing copies of agreements with suppliers?

f. Are there any additional criteria that should be considered?

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Case 15-M-0127