Eligibility of an ESCO to Market to and Enroll Residential Customers

NY-ADR

3/28/18 N.Y. St. Reg. PSC-13-18-00015-P
NEW YORK STATE REGISTER
VOLUME XL, ISSUE 13
March 28, 2018
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. PSC-13-18-00015-P
Eligibility of an ESCO to Market to and Enroll Residential Customers
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 reinstate Astral Energy, LLC's (Astral), an energy services company (ESCO), ability to market to and enroll residential customers.
Statutory authority:
Public Service Law, sections 4, 65 and 66
Subject:
Eligibility of an ESCO to market to and enroll residential customers.
Purpose:
To consider whether Astral should be allowed to market to and enroll residential customers following a suspension.
Substance of proposed rule:
The Public Service Commission (Commission) is considering the petition filed by Astral Energy, LLC (Astral), an energy services company (ESCO), on February 7, 2018, seeking the reinstatement of its eligibility to market to and enroll residential customers. ESCO’s may provide electricity and natural gas commodity to customers in a manner consistent with the Public Service Law, the Commission’s regulations and orders, and the Uniform Business Practices (UBP). If an ESCO fails to comply with the Public Service Law, Commission regulations and orders, and the UBP, it may be subject to consequences, including the suspension of the ESCO’s ability to market to and enroll new customers. On October 15, 2015, the Commission issued an order detailing a number of apparent failures on the part of Astral to comply with Commission requirements and requiring Astral to show cause why the Commission should not suspend Astral’s eligibility to market to and enroll new customers. On November 6, 2015 the Commission issued an Order suspending Astral’s eligibility to market to and enroll residential and non-residential customers. On December 16, 2016, the Commission issued an Order reinstating Astral’s eligibility to market to and enroll non-residential Customers. In its February 7, 2018 petition, Astral states that it has continued to implement and follow the telemarketing quality assurance program and telemarketing in-person training manuals contained in its compliance policy and protocols manual filed with the Department. The full case record, including the February 7, 2018 petition 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 relief 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:
Kathleen H. Burgess, 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.
(15-E-0556SP2)
End of Document