New York PSC Extends Deadline For Return Of ESCO's Customers To Default Service, Pending Appeal -- EnergyChoiceMatters.com

New York PSC Extends Deadline For Return Of ESCO's Customers To Default Service, Pending Appeal

September 26, 2023

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Copyright 2010-23 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The Secretary of the New York PSC has granted SunSea Energy, LLC an extension of the deadline to return its New York customers to default service, under a prior PSC order, pending resolution of an CPLR Article 78 proceeding SunSea has stated it will file in court to challenge the PSC's order

The PSC had affirmed an order to return the customers to default service in an August 18, 2023 order which affirmed the PSC's decision to deny SunSea's eligibility to continue to serve as an ESCO. See more background here

The PSC in August had ordered the return of SunSea customers to default service within 60 days

In seeking an extension of this deadline, SunSea had stated, "SunSea is currently preparing and intends to commence a CPLR Article 78 proceeding to challenge the Commission’s adverse determinations in the [August 18, 2023] Order and its previous Order to Deny SunSea Energy LLC’s Application for Eligibility, issued November 19, 2021 (together with the Order, the 'Orders')."

SunSea had further stated, "Importantly, customers would be protected during the pendency of the anticipated proceeding. As stated in SunSea’s February 23, 2021 Statement in Response to the Order to Show Cause, SunSea has voluntarily self-imposed a suspension of its sales activity such that it will not enroll new customers ('Voluntary Suspension'). Moreover, as the Commission acknowledged in the Order Revoking SunSea Energy, LLC’s Eligibility to Serve Customers in New York in the Enforcement Proceeding, SunSea has satisfied the Commission’s request to re-rate the identified customers in that proceeding and to produce the requested enrollment documentation. In short, all identified complaining customers in the Enforcement Proceeding have been re-rated and new enrollments suspended, such that potential forward or backward customer harms have been eliminated and mitigated to the extent required."

The PSC Secretary conditioned the extension on the filing of an Article 78 proceeding as well as the prohibition on new enrollments

The PSC Secretary ruled, "an extension is granted, in part, and on the conditions that (1) SunSea timely files and serves its Article 78 petition in accordance with the applicable law, and (2) SunSea continues to suspend its sales and enrollment activity as directed in Ordering Clause 4 of the Rehearing Order."

Ordering Clause 4 had stated, "SunSea Energy, LLC shall cease enrollment of new customers as of the effective date of this Order."

The PSC Secretary ruled, "if SunSea Energy, LLC timely files and thereafter serves its Article 78 petition in accordance with the applicable law and continues its suspension of sales and enrollment activity as directed in the Rehearing Order, then it is granted an extension of time to comply with the customer transfer and notification deadlines (Ordering Clauses 3, 5, and 7, e.g. the drop of customers to SOS) in the Rehearing Order until 70 days after a decision by the Albany County Supreme Court on the Article 78 petition. If, however, SunSea does not file its Article 78 petition by the applicable statutory deadline, then it shall have 70 days after the expiration of its time by which it must file the Article 78 Petition to comply with the Rehearing Order’s deadlines."

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