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New York PSC Grants Extension For Compliance With Broker Regulation Order
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New York brokers and ESCOs have been granted more time to comply with the New York PSC's recent broker regulation order
Specifically, the PSC's Secretary has extended until July 31, 2024 the deadlines for requirements under Ordering Clauses 3, 4, 6, 7, and 9 of the April 2024 order on rehearing
Generally, these ordering clauses required compliance with the revised UBPs under the broker order; the filing of registrations by brokers and consultants; and the disclosure, in ESCO sales agreements, of compensation provided to brokers. The specific text of these Ordering Clauses are copied below
The compliance deadline for these orders had originally been June 17, 2024
The extension of the compliance deadline until July 31, 2024 is shorter than the 90-day extension requested by some ESCOs, while some retail choice parties had also sought an extension until a court addresses a forthcoming appeal of the PSC's order
Furthermore, the PSC's Secretary has extended the deadline set forth in Ordering Clause 8 until December 31, 2024. This order requires DPS Staff to review registrations submitted by brokers. The original deadline had been December 2, 2024
The Ordering Clauses cited above are as follows (as described above, the effective dates listed in the text below copied from the April 2024 order have been extended):
3. Revisions to the Uniform Business Practices are
adopted in accordance with the discussion in the body of this
Order and the Appendices to this Order. These revisions shall
be effective within 60 days of the effective date of this Order.
4. 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
directed in this Order. The tariff revisions shall be filed, on
not less than one day’s notice, to become effective on or before
June 17, 2024.
6. 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, as discussed in the body of this Order
and the Appendices thereto.
7. Energy brokers and energy consultants shall
register with the Public Service Commission by filing a
completed registration package in Matter Number 23-01227 within
60 days of the effective date of this Order, as discussed in the
body of this Order.
8. Department of Public Service Staff shall, by
December 2, 2024, review the registration packages received
within 60 days of the effective date of this Order, as discussed
in the body of this Order.
9. Energy service companies and distributed energy
resource suppliers shall update their customer sales agreements
within 60 days of the effective date of this Order 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.
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June 10, 2024
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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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