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For Immediate Release: 03/16/2022 Rory M. Christian, Chair Contact:
James Denn | James.Denn@dps.ny.gov | (518) 474-7080
22024 March 16, 2022
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PSC Takes Action Against Four ESCOs |
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Commission Continues to Hold Energy Service Companies Accountable to Consumers ALBANY — The New York State Public Service Commission (Commission) today took action regarding four energy service companies, or ESCOs, operating in New York for failing to abide by New York’s strict rules and regulations to protect energy consumers. The ESCOs are SmartEnergy Holdings, LLC; Got Gas? LLC; Graystone Technologies, Inc.; and Liberty Power Holdings, LLC.
“Our continuing efforts to improve the ESCO market remains a priority,” said Commission Chair Rory M. Christian. “In instances where an ESCO chooses not to play by the rules, we prohibit their ability to enroll new customers and require them to cease operations in New York.”
In the first action, the Commission denied SmartEnergy’s application for eligibility to serve mass-market customers in New York State. The effect of this denial will require SmartEnergy to cease service to any and all of its nearly 5,000 residential and small commercial customers in New York State.
The reason for the denial was because SmartEnergy failed to disclose the fact that it was subject to regulatory sanctions in Ohio and Illinois. Every ESCO in New York must comply with Commission rules and orders, as well as the laws of other states, in order to maintain ESCO eligibility to operate in New York State. The Commission’s investigation found that SmartEnergy made false and misleading statements in its application, which is grounds for denying it permission to operate in New York. SmartEnergy serves customers statewide.
The Commission also ordered that Got Gas? LLC; Graystone Technologies, Inc.; and Liberty Power Holdings, LLC show within 30 days why their eligibility to act as ESCOs in New York should not be revoked or why other consequences should not be imposed.
Every ESCO in New York must comply with the New York Uniform Business Practices guidelines and with all applicable orders from this Commission to maintain its eligibility to operate in New York. Among other requirements, ESCOs must file with the Secretary their annual compliance report by January 31 each year. Failure to comply with the rules could result in losing the ability to operate in New York.
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 12-M-0476 (SmartEnergy); 21-M-0491 (Got Gas); 21-E-0490 (Graystone): and 22-E-0024 (Liberty Power) 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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