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NY Retail Electricity Order Vacated — For Now

Publisher: Law360
July 29, 2016
Day Pitney Author(s) Florence K.S. Davis

Flossie Davis, Thomas Havens and Jennifer Galiette wrote an article, "NY Retail Electricity Order Vacated — For Now," for Law360. The article is about the recent decision by the Supreme Court for the County of Albany, New York, to vacate key directives of the New York Public Service Commission (PSC) in its "Order Resetting Retail Energy Markets and Establishing Further Process" issued on Feb. 23, also known as the PSC reset order. The PSC reset order, which was surprising and deeply alarming to energy service companies (ESCOs) selling power to New York residential and small commercial (mass market) customers, would have effectively and prospectively shut down ESCOs' business opportunities with most of those customers. In vacating a significant portion of the PSC reset order, the court found that it violated due process rights and was arbitrary and capricious, leaving open the potential for future directives, but only if arrived at through due process and reasoned decision-making.

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