N.Y. PSC Denies Interlocutory Appeal On Scope, Process Of Retail Mass Market Evidentiary Process (ESCO Profitability, C&I Market Within Discovery Scope)

The New York PSC denied in its entirety an interlocutory appeal of several rulings concerning the scope and process of the retail mass market evidentiary hearing process.

The PSC affirmed the ALJs' ruling that discovery related to the commercial and industrial retail market is appropriate

The PSC also affirmed the ALJs' ruling that discovery related to ESCO profitability is appropriate

The PSC also found that the process initiating the evidentiary hearing, including an initial Secretarial notice and subsequent ALJ rulings, were appropriate. ESCOs had called the notices procedurally deficient (see story here)

However, to put the issue to rest, the PSC in an order denying the interlocutory appeal also explicitly authorizes the full evidentiary hearing process