5/4/16 N.Y. St. Reg. PSC-18-16-00014-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
The Commission is considering amendments to the Uniform Business Practices with respect to the circumstances when energy service companies (ESCOs) should be required to post performance bonds or other forms of demonstrated financial capability.
Statutory authority:
Public Service Law, sections 5(1), 65(1), (2), (3), 66(2), (3), (5), (8), (9) and (12)
Subject:
Amendments to the Uniform Business Practices of ESCOs.
Purpose:
To ensure consumer protection for ESCO customers.
Substance of proposed rule:
The New York State Public Service Commission (PSC) is considering amendments to the Uniform Business Practices (UBP) with respect to whether and the circumstances when ESCOs should be required to post performance bonds or other forms of demonstrated financial capability or financial security; what magnitude is appropriate; and how performance bonds or alternative security should be administered. One purpose of demonstrating financial capability or financial security would be to ensure that ESCOs are capable of fulfilling their obligations to the distribution utility. Another purpose of demonstrating financial capability or financial security would be to ensure that ESCOs fulfill their obligations to their retail customers. The consideration of administration will include, but not be limited to, a consideration of the distribution utility being the administrator/standby trustee of any performance bonds or other forms of demonstrated financial capability or financial security, with compensation for performing that role in the form of a fee or charge payable by ESCOs. Any changes to the UBP would require Commission approval. The PSC may adopt, reject or modify, in whole or in part, the changes proposed, and may resolve related matters.
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.ny.gov/f96dir.htm. For questions, contact:
John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email:
john.pitucci@dps.ny.govData, views or arguments may be submitted to:
Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email:
secretary@dps.ny.govPublic 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.
