Deadline For Termination Of New York Green Gas Waiver Nears As Commissioner Expresses Concern On Inaction

As of publication time on January 21, there has not been any public posting by the New York PSC to extend a waiver that allows certain ESCOs to continue providing green natural gas products to certain customers, without being subject to the mass market pricing limits

The current green gas waiver expires on January 25, 2022

During a PSC meeting on January 20, Commissioner Diane Burman said that the issue should have been addressed at the PSC's Jan. 20 meeting

Burman said that she didn't understand a prior letter from the PSC's Secretary that, as previously reported, held that the Secretary would not grant waiver extension requests filed by various ESCOs, and in which the Secretary instead said that the matter was an issue for the Commission to address (story here). Burman said that the language in the relevant order concerning potential extensions is the same language routinely used by the PSC and under which the Secretary grants extensions in other various proceedings.

Burman said that the intent of the waiver was to avoid customer disruption as the issue of green gas is considered in Track II of the retail reset proceeding, and noted that such disruption would occur absent an extension of the waiver, given the current status of Track II

Burman said that a waiver could still be granted via a One Commissioner Order, which several ESCOs have now specifically requested.

In a recent PSC filing, Family Energy, which had petitioned for an extension, noted that notice of its petition was published in the State Register on January 12, 2022. The State Register notice provides for a sixty-day comment period. Family Energy noted that the comment period extends beyond the January 25, 2022, expiration date of the waiver