New York PSC Informs Nine ESCOs Of Limited, Conditional Enforcement Discretion Allowing Interim Continuation Of Green Gas Products Not Subject To Pricing Limits

The General Counsel of the New York PSC issued letters to 9 ESCOs informing such ESCOs that the Department of Public Service will exercise enforcement discretion, limited to 120 days and subject to other conditions, concerning the end of the current waiver that had allowed the nine ESCOs to provide green natural gas products to certain mass market customers without being subject to the otherwise applicable pricing limitations

The nine ESCOs are listed below

On January 25, 2021, the New York State Public Service Commission issued an order that, among other things, provided for a one-year waiver that allowed certain energy service companies (or ESCOs) to provide green natural gas products to certain mass market customers without being subject to the otherwise applicable pricing limits

That one year period expires today, January 25, 2022.

The Department has recently received petitions from certain energy service companies for an extension of the waiver

"Based on the unique and specific situation here, on behalf of the Public Service Commission, I confirm that as an exercise of enforcement discretion that the Department will not pursue enforcement action against," the nine ESCOs listed below, for 120 days regarding the waiver period.

The exercise of enforcement discretion is contingent and dependent on each ESCO (if not already done so) submitting a formal waiver extension petition by February 2, 2022.

The PSC said that, for ESCOs which have not done so already, if such ESCO wishes to provide a green gas product to customers without the pricing limitation, such ESCO must promptly file a formal petition for an extension of the waiver so that the request may be published and noticed consistent with the State Administrative Procedure Act (SAPA). Such formal petitions must be filed within the next week

Additionally, in relation to any petition for extension of a waiver, DPS Staff will be issuing information requests related to the provision of waiver eligible products over the last year. Extension of the waiver is contingent on timely responses to these information requests, which will be forthcoming.

"I remind your company that going forward it should submit extension requests well in advance of an end date taking into account SAPA’s timelines," the General Counsel's letter stated

The nine ESCOs are:

Viridian Energy (PA), LLC

Residents Energy LLC

Kiwi Energy Inc

Just Energy New York Corp

IDT Energy Inc

Green Mountain Energy Company

Family Energy, Inc

American Power and Gas LLC

Alpha Gas & Electric LLC