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Family Energy Files Petition For Rehearing Of NY PSC’s Broker & Consultant Registration Final Rules
Family Energy, Inc. filed at the New York PSC a petition for rehearing, reconsideration and/or clarification of the PSC’s recent order on rehearing concerning new rules and registration requirements for retail energy brokers and consultants.
Excerpts from Family Energy’s Petition for Rehearing:
{***} “The 2024 Order’s direction to Staff in Ordering Paragraph 10 to identify modifications to the Uniform Business Practices (UBP) by August 16, 2024, is explicit recognition that new Section 11 should not and cannot be applied to energy brokers and energy consultants as currently written.”
“The requirement of the 2024 Order for energy brokers, energy consultants and ESCOs to come into compliance with the new UBP provisions as of June 17, 2024, when the Commission expressly stated the intention for Staff to review those same provisions sixty days later for the purpose of future modification is untenable, unworkable and unfair. Requiring entities to expend the resources, time and money to come into compliance with short-lived rules is wasteful, irrational and unreasonable.”
“Despite the numerous submissions made regarding the Commission’s interpretation that the financial accountability requirement could only be satisfied with a letter of credit, the 2024 Order is completely silent on the topic. Given the legitimate arguments raised by commenters, it was incumbent upon the Commission to consider those concerns. The failure to do so is an error justifying rehearing. Indeed, when entities (many of which are small businesses) that have not previously been subject to the Commission’s jurisdiction, and do not possess the same familiarity with Commission processes and procedures for gathering input, seek to participate and contribute to the record through the submission of public comments, those comments should be afforded due consideration and weight.”
Read the entire petition for rehearing below.
Petition for Rehearing, Reconsideration and/or Clarification (05/17/2024)
23-M-0106
In the Matter of Commission Registration of Energy Brokers and Energy Consultants Pursuant to Public Service Law Section 66-t.
