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The New York Department of Public Service (DPS) Staff identified the following Joule municipality deficiencies related to the CCA Program Rules related to O&E: 1) All O&E performed in the five municipalities included a non-compliant renewable supply product offering and therefore does not comply with the O&E requirements and purposes. 2) O&E requirements based upon municipality size were not met in the Town of Highlands.5 3) O&E meeting requirements were not met as there were not verifiable question-and-answer periods. 

4) During O&E public meetings, the following minimum O&E information requirements were not met:

1. As noted above, the presenter improperly advised that the 50% renewable product is made up of the 50% NYS recognized and 50% renewable product from other (national) sources. The only renewable products allowed in NYS are those that result in the corresponding renewable energy being delivered into NYS, as tracked in NYGATS; there can be no claims on any renewable offerings outside of that. 
2. The presenter was unable to clearly explain a bill, and its constituent sub-components and fees. 8 
3. The presenter was unable to answer a question about whether taxes would still apply if participating.9 
4. The presenter did not disclose or incorrectly advised information related to Gross Receipts Tax (GRT) impacts on the CCA rate. In contrast, the Joule website correctly shows the price exclusive/inclusive of GRT.10 
5. The identified opt-out period (March 10 – April 8) does not meet the minimum opt-out period of 30 days.11

5) O&E supplemental information was missing and did not meet minimum O&E information requirements: 

1. Location information was not included in the Municipality Filing; this does not accurately reflect only hanging a single poster/flyer at Village Halls.12 
2. The contract terms, pricing, ability to opt-up or opt-down, and price comparison was not included, as required when the contract information is available.13 

6) Program websites do not include required/accurate information:14 

1. The identified opt-out period (March 10 – April 8) does not meet the minimum opt-out period of 30 days.15 
2. Supplier details with program rate/term information, including name or contact information, was not included.16
3. There is incorrect identification or explanation of product offerings: 
4. The Villages of Grand View-on-Hudson and Haverstraw webpage includes the noncompliant product information description: “The 50% Renewable Fixed Rate Option includes 50% electricity supply matched by Renewable Energy Certificates (RECs) provided by New York State renewable power plants (hydropower, wind, solar). The remaining 50% is matched by RECs sourced from other U.S. renewable electricity sources but are not tracked or verified by the NYS Department of Public Service. The 50% Renewable Option is not counted as 100% renewable by New York State.” 17 
5. The Villages of Nyack and Upper Nyack webpage states: “The 100% Renewable Fixed Rate Option includes 100% electricity supply matched by Renewable Energy Certificates (RECs) provided by New York State renewable power plants (hydropower, wind, solar). The remaining 100% is matched by RECs sourced from other U.S. renewable electricity sources but are not tracked or verified by the NYS Department of Public Service. The 100% Renewable Option is not counted as 50% renewable by New York State.”18

7) Energy Supply Agreement (ESA) Redactions: Redactions to the ESA include items that would not qualify for redaction, such as, but not limited to, basic CCA program information and publicly available information. Unredacted copies of the signed ESAs are available publicly. The DPS Records Access Officer has been in contact with Joule regarding this issue. 

In light of the deficiencies identified in this letter, DPS Staff rejects the Municipality Filings for the Villages of Nyack, Upper Nyack, and Grand View-on-Hudson, and the Town of Highlands. Therefore, these municipalities are not approved to begin the opt-out period.

14M0224 Joule Municipality Filing Rejection Letter – Nyack, Upper Nyack, Grand View-on-Hudson, and Higlands_Final  (03/03/2025)

14-M-0224

(Proceeding on Motion of the Commission to Enable Community Choice Aggregation Programs.)