RESA Urges Termination Of N.Y. PSC Mass Market Evidentiary Hearing Process In Favor Of Restructured Track 2 Collaborative Process

Counsel for the Retail Energy Supply Association filed a letter with the New York PSC urging the Commission to terminate the Track 1 evidentiary hearing process reviewing the retail energy mass markets, and to proceed with a restructured Track 2 collaborative process

Counsel for RESA said that moving to the collaborative process is appropriate because, "the questions the Commission seeks to answer [in the mass market review] are not suited to an adversary process."

In such letter, counsel for RESA reiterated concerns that it has expressed in prior motions and interlocutory appeals

Specifically, counsel for RESA stated in such letter, "[T]here are still numerous unresolved discovery issues that are pending before the ALJs, the Commission, and the Albany County Supreme Court. Aside from RESA’s Interlocutory Appeal, there is another interlocutory appeal filed by two party ESCOs pending before the Commission. Moreover, there is a pending state court case involving the Protective Order issued in these proceedings. Furthermore, RESA’s expert witnesses just recently gained access to massive amounts of data through ALJs’ recent ruling that granted RESA’s motion to gain access to the Joint Utilities’ ESCO keys, for which RESA’s experts need sufficient time to review, analyze and if appropriate, incorporate into their testimony. Also, under current extensions and stays, non-party subpoenas in these proceedings are not returnable until July 27, 2017, and it is possible that some non-party ESCOs could seek judicial intervention to quash or modify the pending subpoenas in Albany Supreme Court. With so many open issues, it is unfair to require RESA and the other parties to file initial testimony by August 24, 2017, especially when the outcome of the pending Interlocutory Appeal might change the fate of these proceedings, or at the very least, might limit the scope of discovery."

Counsel for RESA stated in the letter, "In light of the systemic difficulties the parties and the ALJs are having in the current Evidentiary Proceedings, which we respectfully submit are because the questions the Commission seeks to answer are not suited to an adversary process, RESA respectfully asks that the Commission terminate the Track 1 Evidentiary Hearing Process and restructure the Track 2 Collaborative Process to allow the parties to productively and efficiently work towards policy reforms for the retail energy mass-markets in New York."

Counsel for RESA stated in the letter, "Alternatively, RESA urges the Commission to clearly define the adversarial process for the Evidentiary Proceedings in a way that comports with fundamental notions of fairness and due process, such that discovery is allowed to proceed to a conclusion before testimony is required."