New York ALJs Further Pushback Retail Mass Market Evidentiary Hearing Dates, Change Testimony Procedure

The presiding ALJs in the New York PSC's evidentiary review of the retail energy mass market have issued a new hearing schedule.

The new schedule sets forth the following due dates:

• September 15, 2017: Direct Testimony and Exhibits

• October 12, 2017: Rebuttal Testimony and Exhibits

• November 1, 2017: Evidentiary Hearing

Previously, initial direct testimony was due August 24, and the hearing was to start October 25.

Furthermore, the new schedule has eliminated the opportunity for the parties to update their testimony prior to the hearing.

In a communication to parties, the ALJs stated, "On the conference call, some parties expressed a belief that parties have a right to supplement their testimony at any time, up to the date of the hearing. On the contrary, parties should proceed with the understanding that there will be no opportunity for the supplementation of testimony. Accordingly, parties should be prepared to present their testimony and rebuttal within the deadlines we have established. Also note that rebuttal testimony is limited to responding to arguments presented by other parties in their direct testimony; it is not an opportunity to file supplemental direct testimony."