PSC Case 08-G-0872

The New York State PSC will not review complaints from consumers regarding ESCO overbillings. Buyer beware.

PSC Case 05-E-1133

Consumers are not entitled to refunds for wrong rates regardless of the utility's actions because they were put on notice.

"Moreoever, even if a utility employee made an error initially, complainant was placed on notice by the Welcome Package of the rate at which it was being billed and the availability of the rate if the apartment was an employee's residence, and should have contacted the utility to be placed on the residential rate"

PSC Case 95-G-0756

Interruptible/Temperature controlled customers are required to pay the penalty for gas consumed during a curtialment period even if the utility gave them permission.

Uniform Business Practices - ESCO billing

The PSC has established Uniform Business Practices for utility's to follow regarding payment of ESCO amounts that are billed by the local utility company. In short the PSC has declared that any amount billed by the LDC, on behalf of the ESCO, must be paid by the consumer even if the amount is being disputed. An ESCO can tell the LDC to charge whatever they want and the LDC will require that you pay that amount or your service will be turned off. Therefore the consumer must lay out the money while it is disputing the billing. This is contrary to present policy regarding full service customers. If you are full service customer (i.e. not using an ESCO), you are not required to pay any disputed bill until the complaint has been resolved. Urac recommends that if you are going to use an ESCO do not allow it to combine the billing with the LDC's bill for delivery. Make sure the ESCO bills you directly so that you can withhold payment on disputed amounts and it does not affect service to the building. Shame on the PSC and our government officials for allowing this situation to exist.