PSC-04-08-00012-P Marketing Practices of Energy Service Companies by the Consumer Protection Board and New York City Department of Consumer Affairs

1/23/08 N.Y. St. Reg. PSC-04-08-00012-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 4

January 23, 2008

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-04-08-00012-P

Marketing Practices of Energy Service Companies by the Consumer Protection Board and New York City Department of Consumer Affairs

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed action:

The Public Service Commission is considering whether to approve or reject, in whole or in part, the petition of the New York State Consumer Protection Board (CPB) and the New York City Department of Consumer Affairs (NYCDCA) regarding the marketing practices of Energy Service Companies (ESCO) and requesting that the commission modify its regulation over the marketing practices of ESCOs selling electricity and natural gas services to residential and small commercial consumers by incorporating within the commission's Uniform Business Practices (UPB) enforceable rules comparable to those set forth in the industry's voluntary statement of principles.

Statutory authority:

Public Service Law, sections 2, 4, 5, 65 and 66

Subject:

Marketing practices of energy services companies.

Purpose:

To consider CPB's and NYCDCA's request that the commission modify its regulation over the marketing practices of ESCO's selling electricity and natural gas services to residential and small commercial consumers by incorporating within the commission's Uniform Business Practices (UPB) enforceable rules comparable to those set forth in the industry's voluntary statement of principles.

Substance of proposed rule:

The Public Service Commission (Commission) is considering whether to approve or reject, in whole or in part, the Petition of the New York State Consumer Protection Board (CPB) and the New York City Department of Consumer Affairs (NYCDCA) regarding the marketing practices of Energy Services Companies (ESCO) and requesting that the Commission modify its regulation over the marketing practices of ESCOs selling electricity and natural gas services to residential and small commercial consumers by incorporating within the Commission's Uniform Business Practices (UBP) enforceable rules comparable to those set forth in the industry's voluntary Statement of Principles. Among the issues that the Commission may consider are the necessity of incorporating the Statement of Principles into the UBP and modifying the UBP to include termination of ESCO eligibility for failure to comply with the Statement, and the appropriateness of adding language to the UBP, as requested by CPB and NYCDCA, to allow local consumer protection agencies, such as NYCDCA, to proceed against ESCOs under their consumer protection statues and require ESCOs to cooperate with such agencies.

Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.state.ny.us/f96dir.htm. For questions, contact:

Central Operations, Public Service Commission, Bldg. 3, Empire State Plaza, Albany, NY 12223-1350, [phone]

Data, views or arguments may be submitted to:

Jaclyn A. Brilling, Secretary, Public Service Commission, Bldg. 3, Empire State Plaza, Albany, NY 12223-1350, [phone]

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement

Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.

(07-M-1514SA1)