N.Y. Weighs Placing Additional Requirements on ESCOs With High Complaint Rates

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 automatic imposition of additional licensing requirements for ESCOs with high complaint rates.

While certain remedial actions (complaint reporting, customer service plans) have been required of individual ESCOs after PSC investigations into their compliance, Staff is proposing for discussion what would apparently be automatic triggers for certain additional compliance requirements.

Staff asks, "To maintain ESCO eligibility status, should ESCOs with complaint rates exceeding specified levels, according to complaints received by the Department, be subject to additional requirements to maintain their eligibility to offer service in New York State?"

Staff notes that such requirements could include:

• The filing of a customer service improvement plan, identifying the actions and timelines to be taken to improve service thereby reducing customer complaints to the PSC;

• Filed periodic reports identifying the extent to which the customer service improvement plan is achieving its objectives, as well as appropriate modifications.

"Staff could notify each individual ESCOs when its complaint rate has exceeded the level where it must meet these additional requirements in response to a continuing pattern of high complaint rates. Should procedures include that DPS Staff may request that the Commission revoke or suspend an ESCO's authority to conduct business in New York either entirely or subject to conditions, or restrict its ability to enroll new customers," Staff said.

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Case 15-M-0127