Public Service Commission

The New York Public Service Commission (“PSC”) appears to be creating a new Office of Investigations and Enforcement (“OIE”) and has posted a job listing for a Director of OIE (“Director”) who would report to the CEO of the Department of Public Service (“DPS”), as well as the Chairman of the PSC. The Director would be tasked with managing the OIE’s efforts in investigating and enforcing the regulations promulgated pursuant to §25 and §25-a of the Public Service Law. This mandate may include a vast field of public utilities and comes at a time when New York is in the midst of updating its complex Value of Distributed Energy Resources mechanism, which regulates electric utilities in their dealings with the ever-increasing number of privately owned distributed energy resources. Continue Reading New York Public Service Commission to Create “Office of Investigations and Enforcement” to Centralize Compliance Regime

Following a series of extensions, the New York Public Service Commission (“Commission”) has once again extended the deadline for Community Distributed Generation (“CDG”) and on-site mass market distributed generation (“DG”) providers to file a completed registration package in conformance with the Uniform Business Practices for Distributed Energy Suppliers (“UBP-DERS”). The Commission extended the deadline to allow Department of Public Service Staff to modify the Standard Customer Disclosure Statements based on feedback received from stakeholders. With this extension, CDG and on-site DG providers are required to submit their registration package by May 1, 2018. For more information regarding the registration process, please see our most recent Client Alert.

The Public Service Commission’s (“PSC” or “Commission”) recently enacted Uniform Business Practices for Distributed Energy Resource Suppliers (“UBP-DERS”) Order establishes multiple tiers of regulatory oversight based on the characteristics of a DER provider’s business model. For entities engaged in residential sales of community distributed generation (“CDG”) subscriptions and on-site mass market distributed generation (“DG”) installations, the UBP-DERS requires, among other things, registration with the PSC, compliance with marketing and advertising standards, inclusion of specified terms and disclosures in sales agreements, and customer complaint procedures/reporting requirements.

Pursuant to the Commission’s UBP-DERS Order, all CDG and on-site mass market DG providers must file a completed registration form, including sample contracts and bills, in conformance with the UBP-DERS regulations. DER providers must submit these materials by April 2, 2018. For more information regarding the registration process, please see our most recent Energy Client Alert.