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New York ESCO To Pay $100,000 Under Approved Settlement With DPS Staff
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The New York PSC said in a news release today that it, "penalized," Atlantic Energy, LLC $100,000 for what the PSC said were violations of certain of the Uniform Business Practices (UBP), due to what the PSC said was, among other actions, the enrollment of over 250 mass market customers onto non-compliant products
In a news release, Atlantic Energy noted that the alleged violations occurred prior to a new management team assuming leadership of the company in the summer of 2023. Atlantic Energy stressed that its new management team has implemented, "robust measures to ensure compliance with all regulatory requirements and prioritize customer protection."
Atlantic Energy's full news release is reproduced below.
More specifically, the PSC today adopted a settlement between Atlantic Energy and the Department of Public Service's Office of Investigations and Enforcement
Neither a copy of the settlement nor the PSC's written order was immediately available
The PSC said in a news release that, "Pursuant to the terms of the settlement agreement, Atlantic acknowledges that it enrolled more than 250 customers on non-compliant products that offered inappropriate inducements, and that it transferred 25 expired customers to renewable energy products without those customers' affirmative consent."
The PSC said in a news release that, "Based on this acknowledgment, Atlantic agreed to remit a civil settlement of $100,000."
Additionally, Atlantic agreed to provide, to customers, refunds totaling approximately $3,200 in aggregate, reflecting the difference between Atlantic's charge and the default service charge, for those customers who paid more than default service
Atlantic reported that only half of the relevant customers were determined to be owed restitution, while the other half saved money with Atlantic Energy compared to the utility's supply rate
PSC Chair Rory Christian stated that, "Every ... energy service company in New York must comply with all applicable orders from this Commission to maintain eligibility to operate in New York. If the companies fail to comply, we will take swift action to revoke their ability to do business in New York State or penalize them financially."
Atlantic Energy's news release is below. All text in the blockquote below is a verbatim reproduction from Atlantic Energy's news release; ECM disclaims responsibility for any characterizations within such.
Atlantic Energy Announces Resolution of Legacy New York DPS Inquiry and Commitment to Compliance and Customer Satisfaction
Atlantic Energy, a leading provider of retail electricity and natural gas services, today announced the resolution of an inquiry by the New York Department of Public Service (DPS) related to compliance with regulatory changes implemented in April 2021. This resolution follows collaborative discussions with the DPS and a comprehensive analysis of customer data by Atlantic Energy.
Since assuming leadership in Summer 2023, Atlantic Energy’s new management team has implemented robust measures to ensure compliance with all regulatory requirements and prioritize customer protection.
During discussions with DPS Staff, Atlantic Energy presented detailed evidence highlighting its compliance efforts. The DPS acknowledged these efforts stating that 'Atlantic demonstrated a proactive, cooperative, transparent, and responsible approach.'
As part of a settlement agreement, Atlantic Energy committed to providing restitution to customers affected by the noncompliance allegations. Of the customers analyzed, only half were determined to be owed restitution, while the other half saved money with Atlantic Energy compared to the respective utility.
"The resolution of this matter underscores our commitment to transparency, compliance, and delivering real value to our customers," said Emily Cipes, General Counsel of Atlantic Energy. "We appreciate the DPS’s acknowledgment of our efforts and remain dedicated to upholding the highest standards in all our markets."
Atlantic Energy’s management team has steered the company towards offering long-term fixed-rate products, ensuring price stability with a focus on customer satisfaction. "We need to make sure we are coloring within the lines," said Rob Cantrell, CEO of Atlantic Energy. "This settlement allows us to close the chapter on past issues and move forward with a clear focus on developing energy products that benefit our customers, all while maintaining the highest level of regulatory compliance."
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January 23, 2025
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Copyright 2025 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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