New York PSC Revokes Eligibility Of ESCO Currently Serving Customers

The New York PSC revoked the ESCO eligibility of Atlantic Power & Gas, LLC for what the PSC said was Atlantic Power & Gas, LLC's failure to obtain verifiable consent for re-enrollment of customers during a winback process

The PSC said that Atlantic Power & Gas, LLC did not obtain verifiable consent in the manner required by the UBPs before cancelling a customer's enrollment to another ESCO, under the existing contest period

The PSC also said that Atlantic Power & Gas, LLC cancelled customer drops to utility default service, which the PSC said is not permissible, as the contest period only allows cancellation of an enrollment to another ESCO

The PSC noted that Atlantic Power & Gas, LLC was previously subject to a suspension of its marketing

Prior to today's session, Atlantic Power & Gas, LLC filed comments with the PSC, but the comments were largely focused on discrepancies in utility migration data, and ostensibly aimed at rebutting any allegations Atlantic Power & Gas, LLC was in violation of the suspension because any changes in its customer count were due to winbacks, "in accordance with UBP Section 5.D.6."

Atlantic Power & Gas, LLC stated, "While the evidence suggests widespread migration data errors and confusion among all parties with respect to precisely how the Suspension Order’s directives should have been implemented, it is critical to bear in mind that no customers were harmed by APG’s actions. APG has made significant efforts to improve its business practices, as more fully described in its Initial Response. It’s business model provides its customers—community organizations and their members—with a value proposition, all while not relying on door-to-door marketing and outbound telemarketing, consistent with the Commission’s policies for retail markets in New York. None of those customers has complained to DPS regarding APG’s reinstatements. Under the totality of the circumstances, APG respectfully submits that any and all data errors be fully evaluated and understood before the Commission takes action that could jeopardize APG’s business and harm its customers."

Atlantic Power & Gas, LLC's filing, which was made without the benefit of knowing what prompted its case to be on today's session, did not specifically address the issue of verification of winbacks, other than stating they were made pursuant to UBP Section 5.D.6.