New York ESCO Seeks Approval To Offer Home Warranty And Maintenance Product Under Retail Market Reset Order

Kiwi Energy NY LLC ('Kiwi Energy') sought from the New York PSC a declaratory ruling that recognizes Kiwi Energy’s home warranty and maintenance product, hereinafter referred to as 'Kiwi Guard,' as a permissible energy-related value-added product and service (ERVAS) under the PSC's second retail market reset order, or, in the alternative, providing Kiwi Energy with a limited waiver to sell and provide Kiwi Guard to current and prospective customers during the pendency of the Commission’s review of ERVAS during Track II of the reset proceedings.

Kiwi had previously announced part of the Kiwi Guard product, details are in our prior story here

As previously reported, ESCOs under the reset order are limited to providing mass market customers with certain discrete products, such as a guaranteed savings (versus the utility) plan, or a fixed rate product that is limited in price to a 12-month trailing average utility supply rate plus a 5% premium. The PSC ruled that Agway Energy Services may continue to offer a type of home warranty and maintenance product, as an ERVAS not subject to the product limits listed above, pending Track II of the proceeding

Kiwi said that, "there is no meaningful distinction," between its Kiwi Guard product and a similar product from Agway Energy Services, which the PSC explicitly approved as an ERVAS under the reset order, pending the outcome of Track II

"As such, and since Kiwi Guard is the same product structure as Agway’s EnergyGuard, Kiwi Energy seeks a declaratory ruling from the Commission that the rule adopted in the Second Reset Order recognizing warranty-type products as ERVAS also applies to Kiwi Guard such that Kiwi Energy can sell and provide Kiwi Guard to current and prospective customers once the product restrictions in the Second Reset Order take effect," Kiwi said

See more details on Kiwi Guard in Kiwi's petition here