New York PSC Staff Propose New Definition of "Fixed Price", Eliminates Change-In-Law Pass-Throughs

New York PSC Staff have proposed a new definition of "fixed price" in proposed changes to the Uniform Business Practices

Specifically, Staff would define "fixed price" to mean, "an all-inclusive price that will remain the same for the term of the contract."

This would ostensibly eliminate any pass-throughs, including, as written, any change-in-law-or-regulation pass-throughs

Elsewhere in the revised UBP, Staff proposes that the UBPs state, "A product described as 'fixed price' does not change in price during the term of the agreement," consistent with the above definition

Staff would limit the use of the term "fixed price" to products meeting the definition above.

Staff would also add a definition for "green energy" as, "electricity from technologies identified by the Commission as RPS eligible."

Staff would require that entities claiming to sell "green energy" must define to the customer in advance the specific energy source fuel types of the electricity to be provided that are claimed to constitute the "green energy," via the Customer Disclosure Statement

Case 15–M-0127