As New York’s Reforming the Energy Vision (“REV”) initiative continues to promote increased deployment of Distributed Energy Resources (“DER”), the Public Service Commission (“PSC” or “Commission”) recently established the first set of Uniform Business Practices for DER providers (referred to as the “UBP-DERS”). See Case 15-M-0180, In the Matter of Regulation and Oversight of Distributed Energy Resource Providers and Products, Order Establishing Oversight Framework and Uniform Business Practices for Distributed Energy Resource Suppliers (issued October 19, 2017).
Continue Reading New York Public Service Commission Establishes Regulatory Framework for Distributed Energy Resource Providers – Registration Required by February 1, 2018

On September 14, 2017, the New York Public Service Commission (“PSC” or the “Commission”) issued an Order on Phase One Value of Distributed Energy Resources, which finalizes the Value of Distributed Energy Resources (“VDER”) Phase One Value Stack, as originally articulated in the Commission’s March 9, 2016 VDER Phase One Order. This milestone represents a major step toward moving beyond net energy metering (“NEM”) to articulate a refined valuation methodology for Distributed Energy Resources (“DER”) which recognizes the unique values DER provides to the grid.
Continue Reading New York Moves Beyond Net Metering, Recognizing Unique Value of DER

Since mid-March, the New York Public Service Commission (“PSC”) has had only two Commissioners, leaving it without a Chair and two additional Commissioners. This has caused many to question whether or not the PSC can act with only two Commissioners, and also creates concerns if the Commissioners are split on a matter.
Continue Reading When Will the New York Public Service Commission Be at Full Strength?

Public Service Commission Proposes Revisions to Uniform Business Practices

(See Part 1: NY PSC Pushes Storage as Critical Component to Utility Planning Process)

The New York Public Service Commission (“PSC” or “Commission”) issued a Notice Seeking Comments on Revisions to the Uniform Business Practices (“UBP Revisions”or “Notice”), which is the Commission’s latest effort to amend the Energy Service Company (“ESCO”) marketing requirements. In response to a seemingly minor 2017 statutory amendment to the NYS General Business Law protecting deceased accountholders from termination fees, and a narrowly drawn petition filed by Green Mountain Energy Company to eliminate the requirement that marketers provide their full first and last name on their employee badges for safety and privacy reasons, the Commission took the opportunity to propose sweeping new regulations to the retail energy market.
Continue Reading Phillips Lytle’s PSC Report from the Capital (Part 2)

NY PSC Pushes Storage as Critical Component to Utility Planning Process:

Utilities Must Deploy Energy Storage Projects Before 2019

(See Part 2: Public Service Commission Proposes Revisions to Uniform Business Practices)

As Public Service Commission (“PSC”) Chair Audrey Zibelman departs from her role as leader of New York’s Reforming the Energy Vision (“REV”) initiative, she gave one final push intended to “accelerate the utility planning process” for creating the long-envisioned Distributed System Platform markets.
Continue Reading Phillips Lytle’s PSC Report from the Capital (Part 1)

On January 26, 2017, the New York Public Service Commission held the first procedural conference concerning the Track I evidentiary process described in the Notice of Evidentiary and Collaborative Tracks and Deadline for Initial Testimony and Exhibits that was issued on December 2, 2016. The purpose of the procedural conference was to identify parties, discuss a procedural schedule and address issues related to discovery for Track I of the evidentiary process. In Track I of this proceeding, the Commission intends to build an evidentiary record of the current state of the retail energy market—a record that the New York Supreme Court found lacking in the Reset Order litigation earlier this year. That record may include extensive and detailed historic data related to the actual prices charged to retail electric and gas mass-market ESCO customers, number of ESCO customers served, volume of sales, complaint data and more.
Continue Reading New York Public Service Commission Evidentiary Hearing Update: DPS Staff Expected To Seek Discovery From All ESCOs, Regardless of Party Status

New York’s Energy Service Companies (“ESCOs”) will face significant challenges in the first quarter of 2017. The Public Service Commission’s December 16, 2016 Order Adopting a Prohibition on Service to Low-Income Customers by Energy Service Companies (“Low-Income Order”) gives each utility 60 days from the date of that Low-Income Order to communicate to each ESCO identifying which accounts the ESCO is no longer eligible to serve. Within 30 days of receiving that communication, the ESCO must then de-enroll the identified customers at the expiration of the existing agreement. However, the Commission included an important exception to the prohibition that ESCOs may want to take advantage of – the prohibition does not apply if an ESCO receives a waiver from the Commission.
Continue Reading Deadline Looms for ESCO Petitions Seeking Waiver of Low-Income Customer Prohibition

On December 15, 2016, the New York Public Service Commission (“Commission” or “PSC”) issued an Order on Petitions for Rehearing (“Rehearing Order”) which modifies certain aspects of the Clean Energy Standard Order issued August 1, 2016, and requires PSC Staff to explore resource eligibility issues and prepare recommendations to the Commission prior to the first triennial review. While the Rehearing Order dismissed most of the petitions for reconsideration, it opened the door for Staff to develop proposals that could modify the way in which Load Serving Entities (“LSEs”) comply with the Clean Energy Standard (“CES”).
Continue Reading New York PSC Modifies Clean Energy Standard Order