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).

The UBP-DERS applies to all DER providers that participate in PSC-authorized or utility-operated programs or markets, including Community Distributed Generation (“CDG”) providers; providers of renewable generation compensated under net metering or the Value of Distributed Energy Resource (“VDER”) tariffs; companies participating in demand-response, non-wires alternatives or REV demonstration projects; energy efficiency companies; and storage providers, among others. The UBP-DERS provides a general regulatory framework for DER providers, with heightened oversight for CDG and on-site Distributed Generation (“DG”) providers serving mass-market customers. As part of this oversight transition, all CDG and on-site mass-market DG providers must file a completed registration form, including sample contracts and sample bills, by February 1, 2018.

Recognizing that the degree and scope of oversight may need to evolve as the DER market expands, the PSC directed its staff to consult with stakeholders to develop a report on how DER oversight can be coordinated among agencies and self-regulatory groups, and has proposed a series of additional questions for stakeholder comment. As the PSC develops and modifies these regulations, it is incumbent on the DER community to provide the necessary practical and technical insight to assist the Commission in striking the proper balance between adequately protecting customers, while at the same time, fostering expansion of the nascent DER market to help New York achieve its ambitious clean energy and environmental goals.

Our most recent Client Alert contains a detailed analysis of how UBP-DERS will impact different DER market sectors and outlines opportunities for further engagement as the Commission continues to modify these regulations.

Phillips Lytle’s Energy Practice Team has extensive expertise in Public Service Commission/Utility regulatory matters, including all aspects of retail energy regulation in New York and formal petitions to the Public Service Commission. For more information about Phillips Lytle’s Public Service Commission expertise, please contact Thomas F. Puchner, Partner, at (518) 472-1224 Ext. 1245,, or Kevin C. Blake, Associate, at (716) 847-7082,