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New York PSC Clarifies Applicability Of New Municipal Aggregation Outreach Rules For CCAs That Are Mid-Implementation

January 27, 2025

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Copyright 2025 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The New York PSC clarified that certain of its new outreach and education rules for opt-out municipal aggregations will not be applied to CCAs that were in the middle of an outreach program after having signed a supply agreement prior to the PSC's recent order adopting such changes, but the PSC held that other new outreach rules adopted in the PSC's recent order will still apply to such CCAs

Specifically, the PSC ruled that the new (or modified) pre-contract outreach and education requirements, "do not apply under the limited circumstances where ESAs [Energy Service Agreements] were executed with certain municipalities by Joule and Good Energy prior to the issuance of that Order on November 19, 2024."

The PSC stressed, however, that the remaining new or modified outreach and education requirements from the PSC's recent November 19, 2024 order will apply to these CCAs

These applicable requirements specifically include post-contract outreach requirements and rules for the opt-out period

CCA administrators had argued in petitions at the PSC that certain of the new rules and deadlines, particularly pre-contract outreach occurring before a contract is signed, were impossible to comply with given that such CCAs' outreach had already started and ESAs had been signed. CCA administrators had argued that requiring a re-start of their outreach programs would necessitate the rejection of their awarded supply contracts, which would also lead to customer confusion since, among other things, customers have already been informed of the new rates

The PSC agreed that, "having CCA Administrators, which are already performing municipal outreach and education under scheduled ESA timelines, terminate those ESAs to then begin the implementation process again would very likely lead to significant confusion and potentially result in an increase in a newly contracted rate and a loss of CCA participants."

The PSC's ruling specifically applies to the Joule-contracted municipalities of the Villages of Grand View-on-Hudson, Haverstraw, Nyack, Upper Nyack, and the Town of Highlands that executed ESAs on November 13, 2024; and to the Good Energy-contracted municipalities of the Village of Coxsackie and Town of New Baltimore that executed ESAs on October 21, 2024.

Case 14-M-0224

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