In its petition, NOCO seeks such a waiver, indicating that it intends to serve low-income customers with a product that guarantees savings compared to what the customer would have otherwise paid as a full-service utility customer and that it can otherwise meet the Commission’s objectives set forth in the Prohibition Order. NOCO explains that its Guarantee Program would be priced at a variable rate calculated each month in a manner that tracks the forecasted utility rate and minimizes the need for true-ups. NOCO proposes to guarantee a savings of at least one percent compared to what the customer would have paid for full default utility service. The term of Guarantee Program agreements would be month-to-month, with the ability for the customer to terminate the agreement without imposition of an early termination fee. NOCO further proposes to provide semi-annual compliance filings to Department of Public Service Staff containing a month-by-month, customer-specific breakdown of what the customer would have paid under full utility service, what the customer actually paid as a NOCO customer, the percentage of savings in dollars, and the status of any applicable refund credit or check.

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 other 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.

(12-M-0476SP35)