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New York PSC Denies Further Extension Of Broker Regulation Deadlines
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The Secretary of the New York PSC denied the latest request from the New York Retail Choice Coalition (NYRCC) for 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
As first reported by EnergyChoiceMatters.com, NYRCC had 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.
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 broker regulation rehearing order until July 31, 2024.
In denying NYRCC's latest request, the PSC's Secretary stated, "No new or persuasive justification is provided in your July 3, 2024 request that would warrant granting an additional extension with respect to complying with these directives. Accordingly, please be advised that your request for an additional extension is denied."
As such, the deadline for compliance with Ordering Clauses 3, 4, 6, 7, and 9 of the April 2024 order on rehearing remains July 31, 2024
The Ordering Clauses cited above are as follows (as described above, the effective dates listed in the original text below copied from the April 2024 order have been extended to July 31, 2024):
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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July 12, 2024
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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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