NY PSC Issues Show Cause Order To Retail Supplier

The New York PSC issued a show cause order to Light Power & Gas, LLC (LP&G) directing LP&G to show cause why its eligibility to act as an ESCO in New York State should not be revoked or, alternatively, why other consequences as set forth in the Commission’s Uniform Business Practices (UBP) should not be imposed, for its alleged failure to file a triennial compliance filing

UBP §2.D.2 requires each ESCO to submit an updated application package every three years

Beyond the alleged failure to file the current report, the PSC alleged, "A Department investigation has identified credible evidence that LP&G has exhibited a pattern of non-compliant behavior with respect to the UBP required compliance filings. Specifically, the information presented by DPS Staff reflects that LP&G consistently failed to submit compliance items by the due dates."

"Since 2015 DPS Staff has issued three NOAVs [Notice of Apparent Violation] and the Commission has issued a previous Order to Show Cause (OTSC) for UBP non-compliance by the company. LP&G also failed to submit a revised application package required by the 2019 Commission’s Order Adopting Changes to the Retail Access Energy Market and Establishing Further Process. Failure to submit this revised application package resulted in LP&G being prohibited from enrolling any new customers or renewing any existing customer agreements," the PSC alleged

Concerning the instant triennial compliance filing, the PSC alleged that DPS Staff sent an email to LP&G on February 17, 2022, to remind it that the filing was due on March 22, 2022, with several subsequent communications including a formal Notice of Apparent Violation (NOAV)

"LP&G failed to respond to the Department’s August 19, 2022 NOAV," the PSC alleged