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New York PSC Sets New Compliance Deadline For Broker Regulation Order

September 19, 2024

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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The Secretary of the New York PSC has issued a new compliance deadline for the PSC's retail energy broker and consultant regulation order

The Secretary said that a court has issued a preliminary injunction order, "to enjoin only the Commission’s enforcement of the financial assurance requirement as implemented through Ordering Clauses 3, 6, and 7 of the [April 2024] Order on Rehearing."

See our prior story for details

As such, the Secretary set new compliance deadlines for those provisions of the broker regulation order that are unrelated to the financial fitness requirement

Specifically, the Secretary extended until October 27, 2024 the deadlines for complying with Ordering Clauses 3, 6, 7, and 9 of the April 2024 broker regulation order, "excluding those provisions that require applicants to provide a method of financial accountability".

Ordering Clauses 3, 6, 7, and 9 are summarized below:

3. The new Uniform Business Practices (UBPs) reflecting new broker regulation rules, including new requirements for both brokers/consultants and ESCOs, are now effective October 27, 2024

6. Brokers/consultants shall comply with the new UBPs

7. Brokers/consultants shall register with the PSC [originally by July 31, 2024; now by October 27, 2024]

9. ESCOs shall update their customer sales agreements to include disclosures of compensation to brokers/consultants, as set forth in the order

The requirement that broker/consultant applicants must provide a method of financial accountability is suspended until further notice, the Secretary directed

Brokers & consultants will not need to include any financial accountability as part of their registration packages, the Secretary said

Case 23-M-0106 et al.

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