New York PSC ALJs Extended Deadline For Subpoena Response For At Least One Individual Non-Party ESCO

The presiding ALJs in the New York PSC's evidentiary review of the retail energy mass market have, for at least one individual ESCO who is not a party to the proceeding, extended the deadline for a response to a subpoena issued to that ESCO

Over 140 subpoenas were initially issued to non-party ESCOs in the case, and it is believed that, in the initial batch of subpoenas issued, all subpoenas had a response date of June 16

Certain individual non-party ESCOs have raised objections to the subpoenas or have filed formal motions to quash.

In response to at least one of these individual objections, the ALJs provided, "temporary relief," and informed that ESCO that, pending the ALJs' review of the objection, and in consideration of a, "delay in service apparently caused by the Department of State, the agency to which the subpoenas were delivered for service," the deadline for that ESCO's response to the subpoena was extended to July 27, 2017.

While similar relief may have been granted to additional ESCOs filing similar objections, as of publication time, there does not appear to have been any global extension granted to all ESCOs with subpoena responses due today. We would note that certain activity in the case is being conducted via email or direct correspondence with the parties, and such communication is not always reflected in the PSC's online docket system.

The ALJs noted that the relief granted to the individual ESCO was temporary and that it does not constitute a final determination regarding the merits of the ESCO's objections, which will be addressed in a subsequent determination.