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“The New York Retail Choice Coalition (“NYRCC” or “Coalition”) requests a further extension of the July 31, 2024, deadline set forth in the “Ruling Granting Extension” issued on June 10, 2024, until the later of 60 days after the Albany Supreme Court has issued a ruling on the Article 78 Petition the NYRCC intends to file, or at least until August 31, 2024. At present, the deadline of July 31, 2024, will take effect before the deadline to submit the Article 78 Petition, which is August 18, 2024.”

“As previously disclosed in its June 3, 2024, extension request, the NYRCC plans to commence a CPLR Article 78 proceeding (“Article 78 Petition”) challenging the Commission’s decisions in the April 18, 2024, Declaratory Ruling and Order on Rehearing (“Rehearing Order”) and the underlying June 23, 2023, Order Adopting Energy Broker and Energy Consultant Registration Requirements. While the Coalition supports the objectives of the underlying legislation to enhance accountability and transparency in the market, it contends that specific provisions of the Rehearing Order, particularly around financial accountability measures, deviate unnecessarily from the legislated framework. In its forthcoming Article 78 Petition, among other concerns, the Coalition will argue that the Rehearing Order’s revisions to the ESCO UBP and DER UBP do not fully align with new section 66-t of the Public Service Law (“Law”), most notably in restricting the required demonstration of financial accountability to only one form, namely a letter of credit, while the Law clearly allows for multiple methods and explicitly calls for bonds.”

 “[T]he NYRCC respectfully asks for a ruling on this request by Monday, July 8, 2024.

Letter Requesting Further Extension  (07/03/2024)
23-M-0106
(In the Matter of Commission Registration of Energy Brokers and Energy Consultants Pursuant to Public Service)