PSC Reinstates ESCO's Ability To Market To, Enroll Non-Residential Customers

The New York PSC has reinstated Astral Energy, LLC's ability to market to and enroll non-residential customers.

The PSC had previously suspended Astral Energy, LLC's ability to market to and enroll all customers, after a Notice of Apparent Failure (NOAF), "identified the following areas of non-compliance with UBP requirements and the Commission’s regulations: sales agreements used to enroll customers; third-party verifications of telephone sales; unauthorized enrollments, i.e., 'slamming'; false and misleading marketing; and failure to comply with 16 NYCRR Part 12 which, sets forth the Commission’s consumer complaint process."

The suspension remains in place with respect to residential customers, and Astral shall not market to or enroll residential customers until further Commission action

The PSC said that since the suspension, "Astral has revised its processes and procedures to ensure that its practices comply with the requirements of the UBP."

"In the months since the Commission issued the Suspension Order, Astral has overhauled its marketing protocols, filed UBP compliant sales agreements, hired additional employees to strengthen supervision of third party marketers and address compliance and quality control issues, and has worked with Staff to resolve all outstanding customer complaints. Astral has also revamped its complaint response protocols to ensure timely responses to its customers and Department complaints. Astral has committed to abide by the corrective measures it has taken to assure strict UBP compliance when marketing and enrolling new customers. So long as Astral continues along this trajectory, its operations as an ESCO should comply with the requirements of the UBP," the PSC said

"Since Astral terminated active marketing to residential and non-residential customers the Department has seen a marked decrease in complaints against Astral. Astral is therefore required to implement the revised and improved marketing practices and commitments it made in its Responses relating to non-residential marketing," the PSC said

The PSC said that the reintroduction of Astral’s marketing to non-residential customers will provide an opportunity to observe the effectiveness of Astral’s compliance program.

The PSC required ongoing reporting from Astral