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Department of Public Service

Industry & Energy Service Company (ESCO) Competitive Market Information


GENERAL INFORMATION


COMPLIANCE REQUIREMENTS
DECEMBER 2019 ORDER

On December 12, 2019 the Commission issued an Order Adopting Changes to the Retail Access Energy Market and Establishing Further Process (Case 15-M-0127 et al). According to that Order, all ESCOs wishing to continue to serve mass-market customers are required to submit an updated Retail Access Application Form (RAAF) with all attachments by 3/11/2020. An Order on Rehearing, Reconsideration and Providing Clarification was issued on September 18, 2020, changing the application due date to November 17, 2020. ESCOs that do not intend to market to or enroll mass-market customers after the order goes into effect should fill out and submit the Attestation Regarding Mass Market Eligibility that is provided below.


ORDERS, EXTENSIONS, NOTICES, FORMS AND SAMPLE CONTRACTS
DATA SECURITY AGREEMENT (DSA) and SELF-ATTESTATION (SA)

On December 16, 2019, the Joint Utilities filed an updated Data Security Agreement (DSA) and accompanying Self-Attestation (SA) as required by the Commission's October 17, 2019 Order Establishing Minimum Cybersecurity and Privacy Protections and Making Other Findings. The Joint Utilities previously advised that the DSA would be sent to ESEs for execution shortly after it was filed. The utilities are sending the revised DSA for execution over the next couple of days. The executed DSA, including the Self Attestation, should be returned to each utility by January 6, 2020. To expedite the process, the utilities are sending out pre-signed DSAs. The DSA and SA must be signed without changes or qualifications and will not be accepted or valid if such changes and qualifications are made.


TRIENNIAL COMPLIANCE UPDATE 2021

For any company that has a triennial filing due date that falls from November 17, 2020 through May 16, 2021, that has submitted a full application to serve mass market customers, you are exempt from filing a triennial. You are still required to submit a letter into DMM 14-02554 that states you have submitted a revised application in lieu of the triennial. If you have any material changes after you have filed the revised application, then you are still required to submit those changes as part of the triennial filing requirement. Additionally, if you submitted an attestation to serve large C&I customers only, you will not be exempt from filing your triennial at the current due date.



GUARANTEED SAVINGS REPORT DUE 11/30/2022

The December 2019 Commission Order (Case 12-M-0476 et.al.) required ESCOs to file a guaranteed savings annual report with the Department (see page 40).
      “While an ESCO that wants to provide service to customers who do not qualify as low-income will not be required to petition the Commission for permission to offer a guaranteed savings product to those customers, the ESCO will be required to submit information on the product to Department staff and to make annual reports to Department staff on the product.”

All ESCOs that have been granted eligibility to serve a guaranteed savings product (GSP) to mass market customers are required to submit an annual report for the timeframe of April 16, 2021 through September 30, 2022 OR submit a letter stating they are not currently serving the GSP. The purpose of the annual report is for Department Staff to track ESCO compliance with guaranteed savings requirements and ensure that refunds were provided to customers where savings did not materialize.

Identify which category you belong in from the table below and make a filing to the Secretary to the Commission. Please follow the proper guidelines when filing documents with the Secretary:   
https://www3.dps.ny.gov/W/PSCWeb.nsf/All/4BDF59B70BABE01585257687006F3A57?OpenDocument
Category
Action Required
Additional Information
Due Date
A -Eligible serving GSP
File Report
DMM 22-01680
Use attached excel template to file report in DMM.
*Timeframe for report: April 16, 2021-September 30, 2022
11/30/2022
B –Eligible but not serving GSP
File Letter
DMM 22-01680
File letter in DMM stating that you are eligible to serve a GSP but have not served any customers on the product during the given timeframe.
11/30/2022
C - Not Eligible to offer GSP
Respond directly by e-mail
Respond directly to this e-mail robin.taylor@dps.ny.gov stating you do not have eligibility to serve a GSP.
11/30/2022


GSP TEMPLATE.xlsxGSP TEMPLATE.xlsx





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