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New York Retail Choice Coalition Seeks Further Extension Of NY Broker Order Deadlines
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The New York Retail Choice Coalition (NYRCC) requested from the New York PSC a further
extension of the July 31, 2024 deadline for ESCOs and brokers to comply with new requirements related to brokers and consultants in New York, including a broker/consultant registration requirement, and a requirement for ESCOs to disclose to customers compensation paid to brokers/consultants
NYRCC sought an extension until the later of 60 days after the Albany Supreme Court has issued a ruling on
an Article 78 Petition (appeal) that the NYRCC intends to file, or at least until August 31, 2024.
NYRCC's intent to file an appeal of the PSC's April 18, 2024 broker regulation and registration order on rehearing had been first reported by EnergyChoiceMatters.com
The reasons for NYRCC's forthcoming appeal are discussed fully in our prior story linked here
As previously reported, the PSC in June only granted an extension for ESCO and broker compliance under the April 18, 2024 rehearing order until July 31, 2024. As EnergyChoiceMatters.com noted in our prior story, the July 31, 2024 date is a shorter extension than the 90-day extension requested by some ESCOs, while NYRCC had previously sought an extension until 60 days after the court has issued a ruling on the forthcoming Article 78 Petition.
NYRCC noted that the latest deadline, July 31, 2024, is still before the deadline for parties to file an appeal of the PSC's April 18, 2024 broker rehearing order, which is August 18, 2024.
NYRCC specifically sought extension of the following provisions from the April order and associated deadlines:
• The effective date for the new Uniform Business Practices, and associated deadline for utilities to reflect tariff amendments incorporating such UBPs
• The date that energy brokers and consultants are required to comply with the new UBP
• The deadline for energy brokers and consultants to register with the PSC
• The deadline for ESCOs to update their customer sales agreements to include the disclosure of energy broker or consultant compensation
As previously reported, the broker order (among other things) requires brokers to post a $100,000 irrevocable standby letter of credit for registration ($50,000 for consultants). The PSC declined to allow the use of surety bonds to satisfy the financial accountability requirement of PSL §66-t.
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July 3, 2024
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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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