New York PSC Will Extend Deadline By Which ESCO Must Drop Customers To Default Service If ESCO Files Rehearing Request

The Secretary of the New York PSC said in a letter to SunSea Energy, LLC that the deadline for SunSea to return its New York mass market customers to default service will be extended if SunSea timely files a rehearing request of the PSC's order which had directed the return of the ESCO's mass market customers to default service

As previously reported, the PSC recently denied the application submitted by SunSea Energy LLC seeking eligibility to serve mass-market customers as an ESCO in the State of New York (See our prior story for the PSC's stated reasons for the denial). Such PSC Order directed SunSea to return each of its mass-market customers to full utility service by January 18, 2022.

SunSea had filed a request for an extension of various ordering clauses, including the direction to drop mass market customers to default service, contingent on the filing of a timely petition for rehearing

SunSea had said in a request for an extension of the compliance deadline that it is currently preparing, and intends to file, a Petition for Rehearing and Reconsideration of the Order. "SunSea’s Petition will address errors of law, errors of fact, and circumstances which warrant a different determination by the Commission," SunSea had said in such extension request

SunSea had further noted in its extension request that it has voluntarily self-imposed a suspension of its sales activity in New York such that it will not enroll new customers. SunSea has also re-rated certain customers identified by the PSC. "In short, all identified complaining customers in the Enforcement Proceeding have been re-rated and new enrollments suspended, such that potential forward or backward customer harms have been eliminated and mitigated to the extent required," SunSea had said

SunSea also previously told EnergyChoiceMatters.com that, "SunSea denies all allegations and intends to continue to serve its existing customers to the extent permitted by law or order."

The PSC's Secretary said that an extension would be granted if a timely petition for rehearing is filed

"Because the extension that you are requesting is contingent upon the filing of the Rehearing Petition by SunSea, on or before December 20, 2021, any extension should be granted only if SunSea timely files such a petition. Thus, if SunSea files a petition seeking rehearing of the above-mentioned Order with the Commission, and that petition is filed on or before 4:30 p.m. on December 20, 2021, then SunSea Energy, LLC, is granted an extension to comply with the requirements of the Order until such time as the Commission issues its decision on SunSea’s Rehearing Petition. If, however, SunSea does not file, or does not timely file, such a petition, then SunSea’s request for an extension of time to comply with the requirements of the Order is denied," the Secretary stated

SunSea had said in its extension request that it commits to timely filing its rehearing petition on or before December 20, 2021