New York PSC Sets Process For Consideration Of Rehearing Requests Of Broker Registration & Regulation Order

The Secretary of the New York PSC has issued a process for consideration of requests for rehearing of the New York PSC's June 2023 order on energy broker registration and regulation

See details on the PSC's broker regulation order here

As first reported by EnergyChoiceMatters.com, on July 24, 2023, NRG Energy, Inc., and the NRG Retail Companies filed a petition requesting rehearing and a stay of the Order. On July 24, 2023, Family Energy, Inc., also filed a petition for rehearing and/or clarification and motion for stay of the Order. On July 25, 2023, the New York Retail Choice Coalition filed a petition for rehearing, reconsideration and clarification and motion for stay of the Order

The Secretary stated that the petitions for rehearing will be treated as timely filed within the 30-day period prescribed in Public Service Law (PSL) §22 and 16 NYCRR §3.7(a).

"The statute of limitations to seek review by filing an Article 78 proceeding should ordinarily be tolled as to the applicant for rehearing by a timely petition for rehearing under PSL §22. With respect to the parties seeking rehearing in these proceedings, the four-month period in which to seek review under CPLR §217 would not therefore commence until issuance of a Commission decision on rehearing," the Secretary stated

The Secretary further stated that a Notice of Proposed Rulemaking has been filed with the Department of State with respect to the rehearing petitions and supporting responses.

"Consistent with that notice, comments on the petitions pursuant to SAPA will be due by November 6, 2023," the Secretary stated

"[P]ursuant to 16 NYCRR §3.3(a)(1), the time for further responses to the petitions for rehearing under 16 NYCRR §3.7(c) is hereby extended to November 6, 2023," the Secretary stated

"Joint comments are encouraged," the Secretary stated

"Upon conducting its evaluation of the rehearing petitions, the Commission may reaffirm its initial decision or adhere to it with additional rationale in denying the petitions, modify or reverse the decision in granting the petitions in whole or in part, or take such other or further action as it deems necessary with respect to the petitions," the Secretary stated

Case 23-M-0106 et al.