NY ALJs Clarify Time Period For ESCO Operations Subject To Discovery In Retail Mass Market Proceeding

The presiding ALJs have issued a ruling clarifying the period of time for which ESCOs' operations are subject to discovery in the New York PSC's evidentiary review of the retail energy mass markets.

As previously reported, the ALJs recently ruled that ESCOs should be required to produce five years of historical data, for those ESCOs that have been in business in the state for more than five years. The ALJs then continued that, consistent with this finding, the period of time subject to discovery should be the calendar years 2011 through 2016.

The ALJs clarified that, "The initial year (2011) referenced in the May 25th Ruling for commencement of discovery is incorrect."

"Including data for 2016 as part of the five-year time period for discovery results in discovery time period limited to the calendar years 2012 through 2016," the ALJs clarified