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PSC Grants Extension Of UBP Compliance For Ordering Clauses 6, 7, And 8 But Other Compliance Deadlines Remain Unchanged
The Secretary of the New York Public Service Commission (PSC) issued a notice extending deadlines granting an extension of Ordering Clauses 6, 7, and 8 of the New York Commission’s November 13, 2025 order adopting modifications to Uniform Business Practices (UBP). The adopted changes to the UBP were undertaken to implement recent revisions to General Business Law (GBL) §349-d. GBL §349-d (among other things) prohibits energy service companies (ESCOs) from changing a mass market customers rate without the express consent from the customer.
As background and as previously reported, on December 15, 2025, RESA and M&R file petitions for rehearing and clarification regarding the New York Public Service Commission’s recently amended Uniform Business Practice (UBP) rules. Also, in a separate filing, M&R (a supplier) filed a petition for rehearing and clarification to the recently amended UBP.
See: RESA Petition for Rehearing, Req for Clarification & Motion for Stay and M&R Petition for Rehearing, Reconsideration and Clarification
Excerpts from the NY PSC December 30th Secretary Order:
“Prolonging the status quo must be balanced against the need to promptly provide consumers the protections the Commission adopted in its Order. Here, considering all stakeholders’ interests and the importance of ensuring an orderly transition and implementation of the Order’s requirements, an extension is warranted with respect to the ESCO compliance deadlines established by Ordering Clauses 6, 7, and 8, only. Therefore, extensions to comply with Ordering Clauses 6, 7, and 8 are granted, pending Commission review of the petitions for clarification, reconsideration, and/or rehearing, to all ESCOs eligible to operate in New York. . . . It is anticipated that the Commission will establish new deadlines for complying with the requirements set forth in Ordering Clauses 6, 7, and 8 in the order it issues addressing the petitions mentioned above.. . . No extension is provided by this Notice with respect to Ordering Clauses 1, 2, and 9 or any of the remaining Ordering Clauses of the Order.” {Emphasis added.}
As previously reported, Ordering Clause 6 requires ESCOs to include sample customer renewal notices as part of the retail access application requirements, as discussed in the body of this Order.
Ordering Clause 7 requires ESCO customer renewal notices to include: the price charged for energy services; the ESCO’s proposed price charge upon renewal; the price that is charged by the respective utility; and notification as how the customer may compare past bills with what they would have been charged had they received energy services from their utility company accompanied by a link to the utility’s bill comparison calculator.
Ordering Clause 8 requires ESCOS to obtain express customer consent for any material change made to the customer’s contract.
98-M-1343
(In the Matter of Retail Access Business Rules.)
