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New York Bill Requiring Side-by-Side Comparison Of ESCO, Default Service Pricing On Bills Ordered To Third Reading

Would Also Require Itemized List Of ESCO Costs


April 4, 2025

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

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New York bill S3876 has been ordered to third reading in the Assembly, after having been passed by the Senate

Among other things, S3876 would require that any bill to a "customer" for ESCO service, including utility consolidated bills, shall include on the first page a "side-by-side" comparison showing both the "price" charged by the ESCO, and the default service price which would have applied in such billing period

While S3876 uses the term "price" rather than "cost", it is understood that S3876 would require a comparison of monthly costs (amounts due), and not just rates

S3876 specifically provides, "The first page of each billing statement from an ESCO delivered to the customer, either by the ESCO directly or by a utility corporation, by a municipality or by any other method, shall include a side-by-side comparison showing both the price charged by the ESCO for commodity and delivery service during the prior billing period, and the price the customer would have paid had they taken commodity and delivery service from their local utility corporation or municipality, as applicable."

Such comparison shall additionally and separately include an itemized list of prices charged by the ESCO for any energy-related value-added products provided by the ESCO

S3876 would adopt such requirements through amendments to section 349-d of New York's general business law, which defines "customer" as, "any person who is sold or offered an energy services contract by an ESCO (i) for residential utility service, or (ii) through door-to-door sales". As such, the term "customer" in S3876 uses this definition

S3876 would also require that, every 12 months, an ESCO shall provide to a customer a statement comparing the ESCO "price" charged over the prior 12 months, and the default service price that would have applied over such period

This annual comparison, "shall convey such information in a manner that unambiguously conveys whether the customer is saving money or paying a premium for service from the ESCO over such period," the bill provides

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