NYSEG Joint Rate Proposal Includes Revised Code of Conduct on Use of NYSEG Brand Name

A joint proposal in NYSEG and Rochester Gas & Electric's current rate cases would include revisions to the utilities' code of conduct with respect to the use of the utilities' names by non-affiliates.

Currently, Direct Energy utilizes the name NYSEG Solutions after acquiring the company from Iberdrola, though Direct Energy previously ceased using the name for marketing to new customers

As previously reported by EnergyChoiceMatters.com, New York PSC Staff had, in the rate cases, recommended that, with limited exceptions, no non-affiliate entity should be allowed, by NYSEG or Rochester Gas & Electric, to use the NYSEG or RG&E name, trade names, trademarks, service marks or any derivative of the NYSEG or RG&E names

The joint proposal, among the utilities, PSC Staff, the state's Utility Intervention Unit, and large customers, provides that the utilities will add the language below, "for prospective application only," in their code of conduct.

"In the event an affiliate business, or the assets of that business, is sold or otherwise is no longer an affiliate, such non-affiliated company will be allowed to use the same name, trade names, trademarks, service names, service marks or a derivative of a name of DISCO [utility] in New York State for a period not exceeding six months, provided that such use is restricted to (i) use of the DISCO logo during the pendency of the transition to new ownership (e.g., vehicle and facility signage) and (ii) educating customers about the sales transaction and the impacts on customers. During that six-month period, DPS Staff will be given the opportunity to preview any communication using DISCO's name or logo that is to be sent from a non-affiliate to DISCO's utility customers in New York. DISCO shall supply a copy of any such communication to DPS Staff in advance of its actual use. DPS Staff and the DISCO will work collaboratively to resolve any disagreement as to the content of the communication and to submit any disputes to the Commission's Alternative Dispute Resolution Process."

It was not immediately clear what impact the "prospective application" of this provision would have on the licensing of the NYSEG Solutions name, if any.

Case 15-E-0283 et. al.