PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

The Commission is considering a petition filed on January 28, 2021 by Atlantic Energy, LLC for a partial waiver of the Commission's December 12, 2019 Order Adopting Changes to the Retail Access Energy Market and Establishing Further Process.

Partial waiver of the Order Adopting Changes to the Retail Access Energy Market and Establishing Further Process.

To consider whether Atlantic Energy, LLC should be permitted to offer its LED Lighting product to mass market customers.

The Public Service Commission (Commission) is considering a petition filed on January 29, 2021 by Atlantic Energy, LLC (Atlantic) for a partial waiver of the Commission's Order Adopting Changes to the Retail Access Energy Market and Establishing Further Process, issued on December 12, 2019 in Case 15-M-0127, et al. (December 2019 Order).

The December 2019 Order, among other things, limited the types of products that energy service companies (ESCOs) can offer to New York mass market customers to those products that: (1) include a guaranteed savings over the utility price, as reconciled on an annual basis; (2) are for a fixed-rate commodity product that is priced at no more than 5% greater than the trailing 12-month average utility supply rate; and, (3) are for a renewably sourced electric commodity product that (a) has a renewable mix that is at least 50% greater than the ESCO’s current Renewable Energy Standard (RES) obligation, and (b) the ESCO complies with the RES locational and delivery requirements when procuring Renewable Energy Credits (RECs) or entering into bilateral contracts for renewable commodity supply. Additionally, the December 2019 Order allowed for an additional product to be offered by Agway Energy Services, LLC (Agway) who provides customers with its EnergyGuard service. The December 2019 Order provided a limited opportunity for other ESCOs to petition the Commission for the opportunity to sell a product/service similar to EnergyGuard.

Atlantic seeks approval to offer its energy efficient LED lighting products and services to small commercial customers. According to Atlantic, it has offered its LED Program to small and large commercial businesses for over six years. The LED Program, Atlantic continues, provides those customers with high-efficiency LED lighting options to replace less efficient bulbs in a manner that reduces on-site electricity consumption and enhances lighting quality. Atlantic asserts that its LED Program are diverse and curated to each individual business and come in a variety of shapes, sizes, colors, and finishes. Atlantic asks the Commission to waive the December 2019 Order’s product limitations with respect to Atlantic’s LED program.

According to Atlantic, its LED program provides energy-related value, including but not limited to, reduced on-site electricity consumption, demand reduction value to the distribution grid, as well as enhanced education and awareness of energy usage. Additionally, Atlantic continues, the LED program provides value in the form of reduced costs associated with replacement of light bulbs, safety and environmental value as well as reduced cooling costs as the result of the reduced heat emitted by LED bulbs compared to incandescent bulbs, and qualitative and business development value associated with a high-quality lighting product that is customized to fit a business establishment’s unique profile. Atlantic asserts that is appropriate to bundle its LED program with commodity supply because customers are increasingly demanding bundled, seamless services and holistic, integrated energy solutions and there is a direct connection between the LED products Atlantic provides to a customer and the energy consumption reflected on that customer’s bill. According to Atlantic, bundling the LED Program with Atlantic’s commodity product allows Atlantic to achieve economies of scale and deliver LED lighting products at below-market costs, and further facilitates customers engagement with energy saving products. Atlantic asserts that it is not providing off the shelf solutions but instead furnishing customer-specific lighting solutions based on deep customer engagement and understanding of business-specific goals and objectives.

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.

John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected]

Michelle L. Phillips, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6517, email: [email protected]

60 days after publication of this notice.