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Staff of the New York Public Service Commission (PSC) filed an request for extension of time for Staff to file its report to the Commission regarding the number of ESCO customers served on month-to-month contracts.

As previously reported, on November 13, 2025 the NY PSC issued an order adopting modifications to the Uniform Business Practices (UBP).

Among other things, the order directed Staff to collect information from Energy Services Companies (ESCOs) regarding the number of customers served on month-to-month contracts and report such information by March 1 of each year (Ordering Clause Number 9).

In adopting changes to the UBP to implement revisions to General Business Law (GBL) §349-d provides that, “No material change shall be made in the terms or duration of any contract for the provision of energy services by an ESCO without the express consent of the customer.”

Moreover, §349-d also specifically states that “[a] change in price or a change to or from fixed or variable pricing shall be deemed to be material.”

The 2023 law and the new amendments approved by the order declared a change in the price or product type made to an energy service contract to be a “material” change which would require the consent of the customer. The law and amended UBP rules also include a provision that the energy provider shall disclose information about the current price of services, any proposed price changes, distribution prices, and where the customer may view their past bills at the time of renewal.

In the Staff extension request Staff notes that “Staff is still seeking responses from a number of ESCOs who thus far have failed to respond to Staff’s information request.”

“DPS Staff requires additional time to compile the information provided and is therefore requesting an extension of the March 1, 2026 deadline until March 16, 2026.”