ESCO Asks PSC To Rule On ZEC Reduction Petition Pending For Nine Months, Says Delay Leaves Company "Vulnerable"

Counsel for Astral Energy, LLC ("Counsel") submitted to the New York PSC a letter requesting that the PSC consider and rule on Astral’s April 27, 2018 Petition for Reduction of ZEC Compliance Payments for 2018-2019 by March 1, 2019.

The petition had been first reported by EnergyChoiceMatters.com

Counsel stated that, Astral’s Petition was published in the State Register on June 13, 2018, with public comments due within sixty days of the publication date. No comments were received on Astral’s Petition, Counsel stated

At present, Astral’s Petition has been outstanding for over nine months.

"While Department of Public Service Staff ('DPS Staff') has the discretion not to pursue action against an ESCO while its petition for a reduction in ZEC compliance payments is pending, Staff is under no obligation to withhold action. DPS Staff has made clear that without a ruling on Astral’s Petition, Astral is obligated to pay the ZEC compliance amount as calculated by NYSERDA. However, the overpayments Astral is expected to make during the pendency of its Petition are neither equitable nor reasonable. Astral cannot make payments in excess of its actual load obligation, as the funds to make NYSERDA’s calculated payments cannot be recovered from a smaller load pool. The delay in receiving a ruling from the Commission has only compounded this difficulty. Astral has been in consistent communication with both the Department of Public Service Staff and NYSERDA program adminsitrators about its predicament, but without a ruling from the Commission, Astral is vulnerable to further harm," Counsel stated

"Therefore, in light of the facts stated above, Astral respectfully urges the Commission to rule on its Petition as soon as possible, but no later than March 1, 2019," Counsel stated