New York PSC Issues Show Cause Order To ESCO

The New York PSC issued an order to Northeastern Energy Corporation ("Northeastern") directing Northeastern to show cause why its eligibility to act as an ESCO in New York State should not be revoked, or, alternatively, why other consequences should not be imposed, as a result of a Notice of Apparent Failure (NOAF or Notice) issued by the Department of Public Service to Northeastern, with such NOAF alleging that Northeastern failed to file with the Secretary a complete triennial ESCO filing, an annual compliance filing, and historic pricing data.

Northeastern does not serve customers in New York at this time.

In the order, the PSC alleged, "On May 20, 2019, DPS sent an email notifying Northeastern of the then impending triennial filing due date of June 4, 2019. As of this date, DPS has not received a complete 2019 triennial filing from Northeastern, which was due on June 4, 2019."

In the order, the PSC alleged, "On September 26, 2019, after a long period of working with the ESCO, Northeastern submitted its triennial filing on September 26, 2019, almost 4 months after the due date. DPS Staff continued to work with Northeastern to identify deficiencies in the triennial filing. DPS Staff, again, reached out to Northeastern on November 5, 2019, with a comprehensive analysis of their triennial filing. Northeastern confirmed receipt of the analysis on November 7, 2019 via email. From that point on, Northeastern has not made the necessary corrections to the triennial filings."

In the order, the PSC alleged, "As of this date, DPS Staff has not received a 2020 statement from Northeastern that the information and attachments in the Retail Access Eligibility Form are current or the requested revisions to that information, if any. Further, DPS Staff has not received Northeastern’s 4th Quarter Historic Data filing or a UBP compliant triennial filing. Therefore, Northeastern is currently not in compliance with the UBP."

"[U]tility migration reports indicate that Northeastern does not currently serve any customers in New York State. Moreover, Northeastern has not responded to many of DPS Staff’s requests for Northeastern’s triennial filing corrections, annual filing, historic pricing nor to the NOAF’s sent on December 27, 2019, and March 19, 2020. For these reasons it does not appear that Northeastern should maintain its eligibility to operate as an ESCO in New York," the PSC said in the show cause order

Case 20-M-0194