ESCOs Seek More Time To Drop Low-Income Customers To Default Service As Mandated By PSC Order

A group of ESCOs have petitioned the New York PSC for an extension to comply with the PSC's recent ordering which prohibits ESCO service to customers participating in utility low-income assistance programs (Assistance Program Participant, or APP)

Family Energy and Major Energy sought an additional 90-day extension for compliance with the requirement for ESCOs to cease service to APP customers. The ESCOs also sought to apply the extension to the ordering clause which requires the utilities to place a block on APP customers, which would prevent new ESCO enrollments of such customers.

The ESCOs called the PSC's implementation schedule, "unreasonable."

The ESCOs said that utilities are required to provide ESCOs with APP customer data by September 13, 2016, "the same day that ESCOs may be required to immediately de-enroll listed APPs."

The ESCOs noted that the New York Supreme Court's recent decision vacating certain of the New York's retail market reset order had found that a 10-day implementation schedule for ESCO compliance was arbitrary and capricious.

"The implementation schedule in the [APP] Moratorium Order appears to be equally arbitrary and unworkable given that ESCOs may be required to de-enroll customers on the same day they are notified," the ESCOs said

The ESCOs said that the PSC is, "expected", to issue further orders regarding the broader ESCO market within the coming months, which, "may include adoption of energy-related value-added services ('ERVAS') that comply with the APP service requirements."

"As such, it may be premature and potentially unnecessary to immediately strip APP customers of their chosen energy provider, only to permit those companies to sell approved ERVAS products shortly afterwards," the ESCOs said