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For Immediate Release: 01/23/2025 Rory M. Christian, Chair Contact:
James Denn | James.Denn@dps.ny.gov | (518) 474-7080
25006/23-M-0166; 24-E-0295; 24-E-0296 January 23, 2025
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PSC Acts Against Three Energy Companies for Failing to Abide by Rules |
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Commission Staff Identifies Several Regulatory Violations by Companies ALBANY — The New York State Public Service Commission (Commission) today revoked Long Island Solar Solutions, Inc.'s and Monolith Solar Associates, LLC's eligibility to act as distributed energy resource (DER) providers in New York State. Further, the Commission penalized Atlantic Energy, LLC, an energy services company, or ESCO, $100,000 for violating the Commission’s Uniform Business Practices (UBP) rules. Atlantic Energy also agreed to refund customers impacted by its non-compliance.
“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. “If the companies fail to comply, we will take swift action to revoke their ability to do business in New York State or penalize them financially.”
The Commission revoked Long Island Solar’s and Monolith’s eligibility to act as DER providers in New York State after they separately failed to file 2023 annual compliance statements and 2023 annual compliance reports by March 31, 2024. Pursuant to Commission rules, every DER provider in New York must comply with all applicable Commission orders to maintain DER provider authorization to operate in New York.
In addition, the Commission adopted the terms and conditions of a settlement agreement between Atlantic Energy, an ESCO, and the Department of Public Service's Office of Investigations and Enforcement. Pursuant to the terms of the settlement agreement, Atlantic acknowledges that it enrolled more than 250 customers on non-compliant products that offered inappropriate inducements, and that it transferred 25 expired customers to renewable energy products without those customers' affirmative consent.
Based on this acknowledgment, Atlantic agreed to remit a civil settlement of $100,000. Atlantic further agreed to refund its customers a collective total of $3,234.67, representing the difference between what the utilities operating in relevant jurisdictions would have charged Atlantic's customers had they received service from those utilities, as compared to what Atlantic charged those customers during the time-period impacted by the non-compliant products.
The settlement agreement resolved the allegations of an August 18, 2023 order to show cause, which alleged that Atlantic violated three provisions of the Uniform Business Practices rules and failed to comply with the terms of a December 12, 2019 Commission order.
An ESCO is an entity that is eligible to sell electricity and/or natural gas to end-use customers using utility transmission or distribution systems, and may also perform other retail service functions, including developing, installing and financing projects to improve energy efficiency and reduce costs for customers. A DER provider is a company that provides access to small-scale, modular energy generation and storage technology that is usually located near where electricity is used, like rooftop solar panels or battery storage, and can be connected to the power grid to provide electricity locally, rather than relying solely on large, centralized power plants.
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 24-E-0295 [Long Island Solar]; 24-E-0296 [Monolith Solar] or 23-M-0166 [Atlantic Energy] 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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