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Show Cause Order Issued Against ESCO for Alleged Violations of UBP Rules

On May 14, 2026 the New York Public Service Commission issued an Order to Show Cause to Mpower Energy, LLC for alleged violations of the Commission’s Uniform Business Practices (UBP).

“In this Order, the Commission determines that the Department of Public Service staff (Staff) has identified sufficiently credible evidence to support the issuance of an Order to Show Cause (OTSC) concerning Mpower Energy LLC’s (Mpower or the Company) apparent failure to comply with the Uniform Business Practices (UBP) and the Order Adopting Changes to the Retail Access Energy Market and Establishing Further Process. We now provide Mpower with the opportunity to respond to Staff’s contentions. Mpower is ordered to show cause within 28 days why its eligibility to act as an Energy Services Company (ESCO) in New York State should not be revoked or, alternatively, why other consequences set forth in the UBP should not be imposed.”

The Department’s Findings

  • Mpower Apparently Did Not Obtain Proper Customer Consent When It Failed to Enroll Certain Customers on Sales Agreements, in Violation of UBP §§4.B.1, 4.B.3, and 5.D.4.
  • Mpower Apparently Failed to Enroll Customers on Compliant Products Following the Effective Date of the December 2019 Order, in Violation of the December 2019 Order.
  • Mpower Apparently Enrolled a Customer on a GSP Despite Repeatedly Denying Enrolling Customers on a GSP, in Apparent Violation of UBP §2.D.5.”

The Commission orders:

  1. A proceeding is instituted, and Mpower Energy LLC is ordered to show cause within 28 days of the date of this Order why the Commission should not revoke its eligibility to operate as an Energy Services Company in the State of New York, or impose other consequences, as described in UBP §2.D.6.
  2. In the Secretary’s sole discretion, the deadline set forth in this Order may be extended. Any request for an extension must be in writing, must include a justification for the extension, and must be filed at least three days prior to the affected deadline.
  3. This proceeding is continued.”