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Excerpts From Family Energy Comments:

{***} Comments of Family Energy, Inc. Family Energy, Inc.1 [hereinafter “Family Energy”] hereby submits these limited comments on the “Staff Proposal for Implementing Stronger Price Transparency for Consumers,” [hereinafter “Staff Proposal”] filed on March 26, 2024, to implement amendments to GBL § 349-d made by Chapter 482 of the Laws of 2023. These comments are being filed pursuant to the April 17, 2024, New York State Register Notice on the Staff Proposal. These limited comments are made for the purpose of highlighting what appears to be an inadvertent drafting error in Staff’s proposed modifications to the Uniform Business Practices (UBP). As explained in detail herein, Family Energy suggests that the drafting error be corrected by reinserting the introductory phrase “Additional terms and conditions applicable to residential customers and customers solicited via door-to-door sales include:” to the beginning of Section 5.B.5. as it appears in the currently effective version of the UBP.

“[W]ithout the reinsertion of the phrase [limiting the section to residential and door-to-door sales, noted above] at the beginning of Section 5.B.5., the requirements set forth therein could be construed as applying to all customer agreements, rather than targeted to residential customers and customers solicited via door-to-door sales consistent with the statutory language and the existing UBP.” 

“No record has been developed to support an expansive change to the rules to include coverage of all customer agreements in such requirements. Such a change would also exceed the Commission’s authority as expressly set forth in the statute. Accordingly, it seems that the omission of the phrase from the beginning of revised Section 5.B.5. was an inadvertent drafting error.” 

Family Energy Comments GBL 349-d Amendments  (05/29/2024)
(Comments seeking to correct apparent ‘drafting error’ in rule. Comments suggest error can be corrected by reinserting the introductory phrase “Additional terms and conditions applicable to residential customers and customers solicited via door-to-door sales include:” to the beginning of Section 5.B.5. as it appears in the currently effective version of the UBP.)
Declaratory Ruling and Order on Rehearing (04/18/2024)
Press Release  (04/18/2024)
Press Release – Governor Hochul Signs Legislation To Protect Consumers From Surprise Price
Increases In Energy Bills98-M-1343 (09/20/2023)
98-M-1343
(In the Matter of Retail Access Business)