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The Supreme Court for the County of Albany, New York has ordered the New York PSC to show cause, at a hearing to be held on August 30, 2024, why the Court should not issue a stay of the relevant ordering clauses of the PSC’s retail energy broker regulation order and why the Court should not preliminarily enjoin the PSC from enforcing such clauses.  The temporary restraining order is applicable pending the August 30, 2024, hearing. The temporary restraining order applies to Ordering Clauses 3, 4, 6, 7 and 9 of the PSC’s April 2024 broker regulation order on rehearing.  The Court also issued a written directive to the PSC temporarily staying the relevant ordering clauses and temporarily restraining the PSC’s enforcement of the relevant ordering clauses.  See Albany Supreme Court Index No. 907244-24

The Court also directed the PSC to show cause why the PSC’s broker regulation order should not be declared void under various arguments from appellants, including, among others, the allegation that the order exceeds the PSC’s authority, and the allegation that the broker regulation order is in violation of lawful procedure, is affected by errors of law, and/or is arbitrary and capricious.

As previously reported the Supreme Court for the County of Albany issued a Temporary Restraining Order staying the implementation of the PSC’s April 2024 Order, for 30 days pursuant to an appeal filed by the NYRCC and M&R Energy Resources Corp. The PSC previously denied two separate requests from NYRCC for extensions earlier this month and said that any blanket extensions would harm the approximately 150 entities that have taken action to comply with the deadlines.

On July 23, the PSC denied Family Energy’s Petition for rehearing of the April 2024 Order concerning new rules and registration requirements for energy brokers and consultants. The petition argued that independent contractors and agents of brokers and consultants should not be required to register with the PSC, and that a surety bond should be allowed to satisfy financial accountability.

On July 31, the PSC extended the deadline for filing the required LOC  from July 31 until September 30 after receiving over 40 extension requests stating that the companies are working to obtain or finalize LOCs. The deadline was only extended for entities that filed their extension requests on or before July 29.

NY PSC Notice Concerning Letter of Credit Extension Requests  (07/31/2024)
Letter Informing PSC of NY Supreme Court Filing   (07/29/2024)
NY Supreme Court of Albany Verified Article 78 Petition  (07/29/2024)
Request for Extension of Time  (06/03/2024)
23-M-0106
In the Matter of Commission Registration of Energy Brokers and Energy Consultants Pursuant to Public Service Law Section 66-t. 

See also: 15-M-0180
In the Matter of Regulation and Oversight of Distributed Energy Resource Providers and Products.

See also New York Albany Supreme Court Index No. 907244-24
M&R Energy Resources Corp. et al v. New York State Public Service Commission – Special Proceedings – CPLR Article 78