NY PSC Issues Show Cause Order To ESCO Over Alleged Slamming

The New York PSC has issued a show cause order to Atlantic Power & Gas, LLC, after a Staff Notice of Apparent Failure (NOAF) alleged non-compliance with several of the UBP’s marketing requirements.

A Staff investigation had been prompted by customer allegations of slamming against Atlantic Power & Gas, LLC

The PSC stated that between October 1, 2015 and August 31, 2016, the Department received 19 complaints alleging slamming against Atlantic Power & Gas, LLC through the Department’s customer complaint process

The Staff NOAF alleged that Atlantic Power & Gas, LLC did not produce authorization for several enrollments, and that two TPV recordings which were produced omitted verifications required under the UBPs

The PSC's order states that, "[Atlantic Power & Gas, LLC] claimed another ESCO assigned three customers to the second ESCO. According to Department records, however, the other ESCO transferred its customers back to the customers’ respective utilities. Staff confirmed with the utilities that the customers were, in fact, returned to the utility and not assigned to [Atlantic Power & Gas, LLC]. Subsequent to those customers returning to their respective utilities, [Atlantic Power & Gas, LLC] either enrolled, or attempted to enroll, those customers."

Atlantic Power & Gas, LLC was ordered to show cause within seven days why it should not be precluded from enrolling new customers. Further, Atlantic Power & Gas, LLC was ordered to show cause within 30 days why its eligibility to operate as an ESCO in New York State should not be revoked or, alternatively, why other consequences as set forth in the Commission’s UBP should not be imposed.