PSC-18-16-00015-P Petitions for Rehearing of the Order Resetting Retail Energy Markets and Establishing Further Process  

  • 5/4/16 N.Y. St. Reg. PSC-18-16-00015-P
    NEW YORK STATE REGISTER
    VOLUME XXXVIII, ISSUE 18
    May 04, 2016
    RULE MAKING ACTIVITIES
    PUBLIC SERVICE COMMISSION
    PROPOSED RULE MAKING
    NO HEARING(S) SCHEDULED
     
    I.D No. PSC-18-16-00015-P
    Petitions for Rehearing of the Order Resetting Retail Energy Markets and Establishing Further Process
    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 petitions requesting rehearing of the February 23, 2016 Order Resetting Retail Energy Markets and Establishing Further Process submitted by a number of parties on March 24 and March 25, 2016 and supporting documents.
    Statutory authority:
    Public Service Law, sections 5(1)(b), (2), 22, 53, 65(1), (2), (3), 66(2) and (5)
    Subject:
    Petitions for rehearing of the Order Resetting Retail Energy Markets and Establishing Further Process.
    Purpose:
    To ensure consumer protections for ESCO customers.
    Substance of proposed rule:
    The Public Service Commission is considering petitions and supporting responses requesting rehearing of the February 23, 2016 Order Resetting Retail Energy Markets and Establishing Further Process in Cases 15-M-0127, 12-M-0476, and 98-M-1343. Petitions requesting rehearing, reconsideration, and/or clarification were filed on March 24 and March 25, 2016 by: National Fuel Gas Distribution Corporation; Direct Energy Services, LLC; Major Energy Services, LLC, Major Energy Electric, LLC and Family Energy, Inc.; the Retail Energy Supply Association, Interstate Gas Supply, Inc. d/b/a IGS Energy, Accent Energy Midwest Gas LLC d/b/a IGS Energy, and Accent Energy Midwest II LLC d/b/a IGS Energy; the Impacted ESCO Coalition; and the National Energy Marketers Association (collectively, Petitioners). In addition, on April 8 and April 11, 2016, several parties submitted comments responding to, supporting, or opposing the petitions for rehearing. All Petitioners request rehearing of the provisions of the Order limiting the products that energy services companies (ESCOs) may offer to customers to guaranteed savings products and electric products including 30% or more renewable energy, as well as the provision requiring ESCO Chief Executive Officers (CEOs) to certify compliance, reflected in Ordering Clauses 1, 2, and 3. Some of the Petitioners additionally request rehearing on the remainder of the Order, which contains enhancement of the enforcement provisions of the Uniform Business Practices and was effectuated through Ordering Clauses 4 and 5. Grounds for rehearing argued by one or more of the Petitioners include: that the Order failed to comply with the State Administrative Procedure Act (SAPA); that the Order lacked a rational basis or was otherwise arbitrary and capricious; that the Order exceeded the Commission’s statutory authority or jurisdiction; that the Order vitiated licenses without complying with due process requirements as described in SAPA; that the Order violated the United States Constitution and the New York State Constitution, including by violating procedural and substantive due process rights, by taking property without compensation, and by interfering with existing contracts; that the Order was promulgated in violation of the State Environmental Quality Review Act (SEQRA); and that the Order was based on errors of fact, including that its description of the current state of the retail energy market was inaccurate, that its assertions that certain types of products did not benefit customers was incorrect, and that it failed to appropriately consider that it would be difficult or impossible for ESCOs to comply with the decisions in the Order. Upon conducting its evaluation of the rehearing petitions, the Commission may reaffirm its initial decision or adhere to it with additional rationale in denying the petitions, modify or reverse the decision in granting the petitions in whole or in part, or take such other or further action as it deems necessary with respect to the petitions. However, the Commission will limit its review to the issues raised by the above-referenced Petitions, as well as responses in support of such Petitions.
    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.gov
    Data, 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.gov
    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.
    (15-M-0127SP4)

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