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N.Y. PSC Again Declines to Address ConEd Rate Ready Billing Issues
September 24, 2011
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In a secretarial letter, the New York PSC said that a proceeding to resolve outstanding rate ready consolidated billing issues at Consolidated Edison, which have reached an impasse under a prior collaborative, may not be instituted in the form requested by the Retail Energy Supply Association (09-E-0428).
As only reported by Matters, ConEd and ESCOs, in a post-rate case collaborative, have reached an impasse on what changes should be made to ConEd's rate ready consolidated billing system. Additionally, ConEd will not move forward with the consensus changes from the collaborative until complete consensus, or PSC adjudication, is reached on all outstanding issues.
After having its initial request for the PSC to resolve the impasse denied, RESA petitioned the New York PSC to institute a new proceeding to examine and consider rate ready utility consolidated billing at ConEd (see 8/25).
The joint proposal which created the original collaborative provided that, "[i]n the event no agreement or only partial agreement is achieved, the parties will have the right to petition the Commission to determine all unresolved issues," which is essentially what RESA did.
However, the PSC said that RESA's new request was still procedurally deficient.
"The RESA letter does not concretely specify what it considers the 'unresolved issues' raised in the Collaborative and, more importantly, does not make a specific substantive proposal to address any matter within the scope of the Collaborative, as set forth in the Joint Proposal and Rate Order. Rather, RESA now seeks an alternative proceeding in which unspecified and apparently unresolved issues discussed in the Collaborative would be considered anew. Whether or not the content of RESA's request would be, in the normal course, sufficient to justify the commencement of a new proceeding, the separate but open-ended and ill-defined proceeding which RESA now requests is inconsistent with the Joint Proposal and Rate Order and therefore may not be instituted," the PSC said.
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