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For Immediate Release: 12/14/2023 Rory M. Christian, Chief Executive Officer Contact:
James Denn | James.Denn@dps.ny.gov | (518) 474-7080
23129 / 23-E-0154; 23-E-0515; 23-E-0517;
December 14, 2023
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PSC Acts Against 8 Distributed Energy Resource Providers and 2 ESCOs |
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Staff Identify Several Apparent Violations of Regulatory Rules by Companies ALBANY — The New York State Public Service Commission (Commission) today moved to revoke the eligibility of eight distributed energy resource (DER) providers in New York State after the companies failed to adhere to Commission rules. The Commission also revoked the eligibility of two energy service companies (ESCOs) — Source Power Company Services, LLC/ICON Energy, and FC Energy Services Company — for various regulatory violations.
“Every distributed energy resource provider and energy service company in New York must comply with all applicable orders from this Commission to maintain eligibility to operate in New York,” said Commission Chair Rory M. Christian. “When the companies fail to comply, we will take swift action to revoke their ability to do business in New York State.”
A DER provider is a company that provides technologies that generate or store electricity, such as solar panels or battery installers, either for homes and buildings to manage their energy use, or to serve energy demand directly on the electric grid. Electricity from DER providers, rather than from fossil fuel power plants, contributes to a cleaner and more efficient grid, improved resiliency from power outages, and lower energy bills. DER companies play an important role to help achieve New York State’s climate change goals. ESCOs are third-party suppliers of energy.
Pursuant to Commission orders, every DER provider in New York must comply with the Uniform Business Practices to maintain authorization to operate in New York State, including a statement that the information and attachments in the DER provider’s initial registration form is still current and accurate. Additionally, Commission rules require each DER provider to file an annual report by March 31, containing customer information from the previous calendar year. ESCOs must also comply with Commission rules and regulations.
The DER companies lost eligibility because they did not submit annual compliance filings; the ESCOs lost eligibility because of inappropriate billing practices or failure to make timely compliance filings.
The Commission acted today because it seeks to ensure that customers participating in DER markets understand the costs and benefits of their investments and are protected from confusion, fraud, and abusive marketing practices. Clear, consistent uniform marketing and contracting rules are needed to prevent exploitive pricing and deceptive marketing practices to residential and small business customers; ensure that customers and DER suppliers know their rights and responsibilities, including complaint resolution procedures; and to provide oversight tools needed to monitor the growing markets and resolve potential issues.
In addition to the two ESCOs, the Commission revoked the eligibility of FC Energy, Astral Power, Bullrock GPS, EnterSolar, Go Solar/Green NY; Green Visions Solar; Max Solar; NY Solar Doctors; and True Energy Solutions. There are approximately 450 companies providing DER services in New York State.
Today’s decisions may be obtained by going to the Commission Documents section of the Commission’s Web site at www.dps.ny.gov and entering Case Numbers Source Power [22-M-0536]; FC Energy [23-E-0154]; Astral Power [23-E-0515]; Bullrock GPS, LLC [23-E-0517]; EnterSolar, LLC [23-E-0518]; Go Solar/Green NY LLC [23-E-0519]; Green Visions Solar LLC[23-E-0521]; Max Solar Inc. [23-E-0523]; NY Solar Doctors [23-E-0527]; and True Energy Solutions, Inc. [23-E-0528] in the input box labeled "Search for Case/Matter Number". Many libraries offer free Internet access. Commission documents may also be obtained from the Commission’s Files Office, 14th floor, Three Empire State Plaza, Albany, NY 12223 (518-474-2500). If you have difficulty understanding English, please call us at 1-800-342-3377 for free language assistance services regarding this press release.
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