Green Gas Products
NY-ADR
3/2/22 N.Y. St. Reg. PSC-09-22-00007-P
NEW YORK STATE REGISTER
VOLUME XLIV, ISSUE 9
March 02, 2022
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-09-22-00007-P
Green Gas Products
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 by Viridian Energy PA, LLC seeking an extension of the limited one-year waiver provided in the Order Addressing ESCO Petitions Requesting Authorization to Provide Additional Products and Services.
Statutory authority:
Public Service Law, sections 5(1)(b), 65(1), (2), (3), 66(1), (2), (3), (5) and (8)
Subject:
Green gas products.
Purpose:
To consider whether to extend the waiver permitting Viridian Energy PA, LLC to serve existing customers on a green gas product.
Substance of proposed rule:
The Public Service Commission (Commission) is considering a petition filed on February 2, 2022 by Viridian Energy PA, LLC (Viridian) seeking an extension of the limited, one-year waiver granted by the Commission in its Order Addressing ESCO Petitions Requesting Authorization to Provide Additional Products and Services, issued January 25, 2021 (January 2021 Order).
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, Viridian 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. Viridian claims that many customers desire environmentally conscious products and services that help to minimize or off-set their natural gas consumption and have specifically selected to continue receiving such products from Viridian. The petition requests that the Commission extend the waiver beyond the one-year term to permit Viridian to continue renewing customers currently receiving a green gas product. Viridian argues that an extension of the waiver is warranted because the collaborative process remains ongoing and resolution did not occur before the waiver expired. According to Viridian, the Commission’s justification for initially granting these limited waivers – avoiding customer disruptions if these products are ultimately approved for use – still exists. Viridian states that any extended waiver would continue to be limited to only those customers that were served on a green gas product prior to the adoption of rules limiting the types of products and services ESCO can offer.
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) 474-6517, 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.
(15-M-0127SP41)
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