Waiver of the Prohibition on Service to Low-Income Customers by ESCOs
NY-ADR
10/13/21 N.Y. St. Reg. PSC-41-21-00010-P
NEW YORK STATE REGISTER
VOLUME XLIII, ISSUE 41
October 13, 2021
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-41-21-00010-P
Waiver of the Prohibition on Service to Low-Income Customers by 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 a petition filed on September 21, 2021 by Ambit New York, LLC seeking an extension of the previously granted waiver of the prohibition on service to low-income customers by energy service companies.
Statutory authority:
Public Service Law, sections 5(1)(b), 65(1), (2), (3), 66(1), (2), (3), (5) and (8)
Subject:
Waiver of the prohibition on service to low-income customers by ESCOs.
Purpose:
To consider the petition for an extension of the waiver of the prohibition on service to low-income customers by ESCOs.
Substance of proposed rule:
The Public Service Commission (Commission) is considering a petition filed on September 21, 2021 by Ambit New York, LLC (Ambit) seeking an extension of its waiver of the prohibition on service by energy service companies (ESCOs) to low-income customers (Petition). On December 16, 2016, the Commission directed a prohibition on ESCO service to low-income customers (Prohibition Order). The Prohibition Order provided that, if an ESCO can demonstrate that it is capable of providing a product to low-income customers that guarantees savings compared to what the customer would have otherwise paid as a full-service utility customer, it may seek a waiver of the Prohibition Order from the Commission.
On September 15, 2017, the Commission granted Ambit a waiver of the Prohibition Order, but stated that the waiver would only last for 24 months and that Agway would need to petition for an extension. A second 24-month waiver was granted by the Commission on February 7, 2020. In the petition, Ambit asserts that it continues to provide a guaranteed savings product to all its customers, including low-income customers, and thus it continues to satisfy the requirements outlined in the Prohibition Order for the granting of a waiver.
The full text of the petition and the full record of the proceeding may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the action 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: [email protected]
Data, views or arguments may be submitted to:
Michelle L. Phillips, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected]
Public comment will be received until:
60 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.
(12-M-0476SP37)
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