New York PSC Seeks Comment On Utilities' Petition That PSC Confirm Utilities' Authority To Deny Access To Entities (ESCOs) Not Signing Data Security Agreements

The New York PSC issued a notice soliciting comments on a February 4 petition from the joint utilities that had sought from the PSC approval of the business to business process used to formulate a data security agreement, and an order affirming the joint utilities’ authority to require and enforce execution of the data security agreement by entities seeking access to utility customer data or utility systems.

The utilities' petition was first reported by EnergyChoiceMatters.com, see our prior story for a full discussion of the issues (click here)

Among other things, the utilities seek confirmation that they may bar ESCOs and other entities from electronic access to utility information technology ('IT') systems as well as customer data without a Data Security Agreement (DSA).

In its notice seeking comment the PSC noted that it is currently considering various other related petitions, including a prior utility petition, filed on November 8, 2018 in cases 98-M-1343 and 18-M-0376, in which the utilities seek confirmation that a distribution utility may discontinue an ESCO’s participation in the utility’s retail access program pursuant to Section 2.F. of the Uniform Business Practices if the ESCO fails to meet minimum data security standards, including execution of a DSA.

Interested persons are invited to submit comments on the February 4 joint utility petition by April 29, 2019.

Case 18-M-0376, et al.