NY PSC Approves NYSEG Joint Proposal With Revised Code of Conduct for Use of NYSEG Brand Name

The New York PSC adopted a joint proposal in NYSEG and Rochester Gas & Electric's current rate cases which, among other things, includes revisions to the utilities' code of conduct with respect to the use of the utilities' names by non-affiliates.

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."

When the joint proposal was first filed, NYSEG told EnergyChoiceMatters.com that, "Appendix AA [the code of conduct changes] applies prospectively only, and our understanding is that it would not impact the past/current licensing of the NYSEG Solutions name."

Direct Energy had acquired use of the NYSEG Solutions brand after acquiring the company from Iberdrola, though Direct Energy previously ceased using the name for marketing to new customers and now appears to be winding down use of the name entirely.