The January 2021 Order addressed several petitions filed by energy service companies (ESCOs) seeking authorization to offer a variety of “green gas” products to residential and small, non-residential customers. The January 2021 Order denied these requests for authorization and directed the ESCOs to develop options for green gas products and services as part of a collaborative process. Department of Public Service staff commenced that collaborative process on August 19, 2021, and met on December 9, 2021 to specifically discuss the development of “green gas” products that could potentially be offered to customers by ESCOs in the future. This collaborative process remains ongoing. The January 2021 Order also provided a limited, one-year waiver to ESCOs offering green gas products to the extent their existing customers use such products.

In its petition, APG asserts that it received the limited waiver provided in the January 2021 Order and has been serving customers under such a waiver since that time. The petition requests that the Commission extend the waiver beyond the one-year term to permit APG to continue renewing customers currently receiving a green gas product. APG argues that an extension of the waiver is warranted because the collaborative process remains ongoing and resolution will not occur before the waiver expires. Additionally, APG claims that failure to extend the waiver provided in the January 2021 Order would result in customer disruption and would result in less customers taking advantage of both renewable electric and gas products provided by APG. APG states that any extended waiver would continue to be limited to only those customers that were served un a green gas product prior to the adoption of rules limiting the types of products and services ESCO can offer.

APG argues that the Secretary to the Commission has the authority to extend the deadline set for expiration of the waiver. Alternatively, APG asserts that if such an extension must come from the Commission, the Department of Public Service regulations specifically allow the Commission to waive its rules and regulations at any time without notice, where necessary due to time constraints. Additionally, APG argues that extensions of waivers do not constitute rulemakings under the State Administrative Procedure Act (SAPA), and thus asserts that the Commission can immediately grant the relief requested without providing notice and an opportunity to comment under SAPA.

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.

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-0127SP38)