PSC-18-16-00018-P Amendments to the Uniform Business Practices of ESCOs  

  • 5/4/16 N.Y. St. Reg. PSC-18-16-00018-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-18-16-00018-P
    Amendments to the Uniform Business Practices of ESCOs
    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 an ESCO must obtain a customer's express consent for a modification to a sales agreement.
    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 the circumstances when an ESCO must obtain a customer's express consent for a modification to a sales agreement. The Commission is considering modifying the definition of a "material" change that would require consent, including to what extent regulatory changes affecting products offered affect materiality, and whether changes related to price may in some circumstances be considered material changes. The Commission is also considering alternatives to consent, such as enhanced notice. 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.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-0127SP7)

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