New York ALJs Decline To Impose Schedule For Settlement Discussions In Evidentiary Retail Market Review

The presiding ALJs issued a ruling declining to impose a schedule for any settlement discussions sought in the New York PSC's evidentiary proceeding reviewing the retail energy mass market, as the ALJs noted they cannot compel settlement discussions

As previously reported, on October 26, 2017, several ESCO parties requested that the ALJs schedule a procedural conference and discuss within that conference the, "mechanics of commencing meaningful confidential settlement negotiations amount the parties." Those ESCO parties suggested that settlement negotiations would be in the public interest as a more efficient process than the evidentiary hearing for resolving certain issues in the proceedings.

"As some parties have noted, we cannot direct parties in any proceeding to engage in settlement talks against their will," the ALJs noted

"While we would support any voluntary discussions among the parties that could provide agreement on one or more issues identified in these cases, we decline the ESCO parties’ request for us to impose a settlement schedule upon the parties. Thus, parties should expect the evidentiary hearing to go forward as scheduled on November 29, 2017," the ALJs said