New York PSC Staff Seek To Serve 143 Subpoenas On ESCOs Not Participating In Mass Market Review

Staff of the New York Department of Public Service have provided to the presiding ALJs, for the ALJs' signatures, 143 subpoenas duces tecum to be issued to ESCOs who are not parties to the PSC's evidentiary proceeding reviewing the retail energy mass markets.

"As you know, a significant number of the ESCOs participating in the New York retail market are not parties to these proceedings and thus are not subject to discovery under the Department of Public Service’s Rules of Procedure. As a result, many non-party ESCOs have not responded to Department of Public Service Staff’s (Staff) information requests. Therefore, it is appropriate and necessary to utilize the subpoena power of the Public Service Commission, provided in Public Service Law §19, to compel responses from non-party ESCOs," DPS Staff said in a letter to the ALJs

"These entities represent a significant portion of the New York retail energy market and the information requested will assist Staff in evaluating the status of that market," DPS Staff said in a letter to the ALJs

"The subpoenas duces tecum would direct provision of documents and information identical to that requested of parties to the [evidentiary] proceedings captioned above," DPS Staff said in a letter to the ALJs

Among other things, the DPS Staff discovery requests issued to ESCOs who are parties to the proceedings have sought historic prices and specific prices and customer count for historic products offered by ESCOs.