New York ESCO Says Its Variable Rate Contracts Have An Ongoing Continuous Term And Do Not Require Express Customer Consent For Each Change In Price

In a regulatory filing at the New York PSC, IDT Energy, Inc. (IDTE), "expressly maintains its position that its variable-rate contracts have an ongoing continuous term and do not require express customer consent for each change in price."

IDT Energy made such statement in connection with filing a revised variable rate mass market renewable electricity sales agreement as a supplement to its triennial ESCO filing.

IDT Energy said that it made such revisions, which were filed on a confidential basis, "in the spirit of cooperation and in order to move the triennial review forward[.]"

Such revised mass market agreement provides, "For residential customers and for commercial customers solicited through door-to-door sales, no material change may be made in the price, terms or duration of this Agreement without Customer’s express consent."

The New York PSC previously adopted changes to the Uniform Business Practices to implement revisions to General Business Law (GBL) §349-d, which, among other things, generally prohibits ESCOs from changing the rate charged to a customer (with customer meaning any residential customer or any non-appointment door to door sales customer regardless of class) without the affirmative consent of the customer, see more background here