PSC-32-13-00012-P To Consider Whether NYSEG Should be Required to Undertake Actions to Protect Its Name and to Minimize Customer Confusion

8/7/13 N.Y. St. Reg. PSC-32-13-00012-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 32

August 07, 2013

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-32-13-00012-P

To Consider Whether NYSEG Should be Required to Undertake Actions to Protect Its Name and to Minimize Customer Confusion

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 whether to require New York State Electric & Gas Corporation (NYSEG) to take actions to protect its name and to minimize customer confusion in light of the use of the name "NYSEG Solutions" by Direct Energy Services, LLC.

Statutory authority:

Public Service Law, sections 5, 65, 66, 70 and 110

Subject:

To consider whether NYSEG should be required to undertake actions to protect its name and to minimize customer confusion.

Purpose:

To consider whether NYSEG should be required to undertake actions to protect its name and to minimize customer confusion.

Substance of proposed rule:

The Public Service Commission recently issued an “Order Instituting Proceeding and to Show Cause” (Order) in Case 13-M-0225 in light of the use of the name “NYSEG Solutions” by an energy services company, Direct Energy Services, LLC, which is not affiliated with NYSEG. In that Order, the Commission explained that it is considering confirming that the Commission-adopted Code of Conduct governing NYSEG’s relationship with its affiliates does not allow the use of the NYSEG name and logo by non-affiliates of NYSEG, and requiring NYSEG to undertake measures to protect its name and minimize potential customer confusion. The Commission may also address 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:

Deborah Swatling, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Jeffrey Cohen, Acting Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

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.

(13-M-0225SP1)