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PSC Staff Identifies Regulatory Violations by ESCO & DER Providers

Category: New York

Excerpts from New York PSC Press Release:

{***} “The New York State Public Service Commission (Commission) today revoked Long Island Solar Solutions, Inc.’s and Monolith Solar Associates, LLC’s eligibility to act as distributed energy resource (DER) providers in New York State. Further, the Commission penalized Atlantic Energy, LLC, an energy services company, or ESCO, $100,000 for violating the Commission’s Uniform Business Practices (UBP) rules. Atlantic Energy also agreed to refund customers impacted by its non-compliance.” {***} 

{***} “[T]he Commission adopted the terms and conditions of a settlement agreement between Atlantic Energy, an ESCO, and the Department of Public Service’s Office of Investigations and Enforcement. Pursuant to the terms of the settlement agreement, Atlantic acknowledges that it enrolled more than 250 customers on non-compliant products that offered inappropriate inducements, and that it transferred 25 expired customers to renewable energy products without those customers’ affirmative consent.

Based on this acknowledgment, Atlantic agreed to remit a civil settlement of $100,000. Atlantic further agreed to refund its customers a collective total of $3,234.67, representing the difference between what the utilities operating in relevant jurisdictions would have charged Atlantic’s customers had they received service from those utilities, as compared to what Atlantic charged those customers during the time-period impacted by the non-compliant products.

The settlement agreement resolved the allegations of an August 18, 2023, order to show cause, which alleged that Atlantic violated three provisions of the Uniform Business Practices rules and failed to comply with the terms of a December 12, 2019 Commission order.” {***}  

See:  Order Adopting Settlement Agreement(01/28/2025)Opens in new window

[Atlantic Energy] 23-M-0166

(Proceeding on Motion of the Commission to Seek Consequences against Atlantic Energy, LLC for Violations of the Uniform Business Practices.)

In separate decisions, the Commission also revoked Long Island Solar’s and Monolith’s eligibility to act as DER providers in New York State after they separately failed to file 2023 annual compliance statements and 2023 annual compliance reports by March 31, 2024. Pursuant to Commission rules, every DER provider in New York must comply with all applicable Commission orders to maintain DER provider authorization to operate in New York.

See:  24-E-0295 [Proceeding on Motion of the Commission to Seek Consequences against Long Island Solar Solutions for Violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.)  

Order Revoking Eligibility(01/28/2025Opens in new window

Order Revoking Eligibility (01/28/2025)

24-E-0296 [Monolith Solar]. 


Opens in new window
(Proceeding on Motion of the Commission to Seek Consequences against Monolith Solar Associates, LLC for Violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.)