New York PSC Issues Extension Of Certain Broker Regulation Ordering Clauses, Deadlines

The Secretary of the New York PSC has issued a letter extending the deadlines set forth in Ordering Clauses 2, 3, 5, 6, and 8 of the PSC's June 23 broker and consultant regulation order

Extension of the deadlines are granted, "until such time as the Commission issues its decision(s) in response to the petitions seeking rehearing."

"It is anticipated that new compliance deadlines will be established by the Commission when it issues any such decision(s)," the Secretary stated in a letter

The Secretary's letter said that filed requests for extensions, "provide sufficient justification to grant the requests to extend the deadlines set forth in Ordering Clauses 2, 3, 5, 6, and 8 of the Order."

"Accordingly, pursuant to the authorization contained in Ordering Clause 11 of the Order, the requests to extend the deadlines set forth in Ordering Clauses 2, 3, 5, 6, and 8 are granted, until such time as the Commission issues its decision(s) in response to the petitions seeking rehearing," the Secretary's letter stated

The cited ordering clauses, now covered by the extension, had provided as follows:

2. Revisions to the Uniform Business Practices and Uniform Business Practices for Distributed Energy Resource Suppliers are adopted in accordance with the discussion of the body of this Order and Appendices A and B to this Order. These revisions shall be effective on August 31, 2023.

3. Electric and gas distribution utilities that have tariffed provisions providing for retail access are directed to file tariff amendments or addenda to incorporate or reflect in their tariffs the revisions to the Uniform Business Practices and Uniform Business Practices for Distributed Energy Resource Suppliers directed in this Order. The tariff revisions shall be filed, on not less than one day’s notice, to become effective on or before August 31, 2023.

5. Energy Brokers and Energy Consultants shall comply with the requirements of the Uniform Business Practices and Uniform Business Practices for Distributed Energy Resource Suppliers, as applicable, commencing August 31, 2023, consistent with the discussion in the body of this Order and the Appendices thereto.

6. Energy Brokers and Energy Consultants shall register with the Public Service Commission by filing a completed registration package in Matter Number 23-01227 by August 31, 2023, consistent with the discussion in the body of this Order.

8. Energy Service Companies and Distributed Energy Resource Suppliers shall update their customer sales agreements by August 31, 2023 to include required disclosures regarding Energy Broker or Energy Consultant compensation, and shall be required to demonstrate compliance with this requirement at the time of each individual company’s annual compliance filing.

As noted above, the broker registration deadline of August 31, and the ESCO compliance deadline to only use and compensate registered brokers starting on August 31, have been extended until rehearing is addressed.

Ordering clause 7, which provides, "7. Department of Public Service Staff shall, by December 1, 2023, review the registration packages received by August 31, 2023, consistent with the discussion in the body of this Order," was not covered by the extension