Energy Broker and Energy Consultant Registration

Public Service Law §66-t requires energy brokers and energy consultants to register with the New York State Public Service Commission. The Commission directed implementation of these provisions in Case 23-M-0106.

The new rules establish a registration process for energy brokers and energy consultants that requires an annual registration package consisting of a registration form, a $500 registration fee, and a demonstration of financial accountability. In addition, the new rules require disclosure of compensation by brokers and establish enforcement procedures. 

A broker or consultant would be subject to an enforcement action for a violation of any law, rule, or regulation.

Order Updates

September 19, 2024

On September 19, 2024, the Secretary of the Public Service Commission issued a notice extending deadlines in Case 23-M-0106. Energy brokers and/or consultants are now required to register with the Department of Public Service by October 27, 2024. At this time, energy brokers and/or consultants are not required to provide financial accountability as part of their registration package.

Read the Notice

September 16, 2024

On September 12, 2024, the New York State Supreme Court, Albany County vacated the August 1, 2024, temporary restraining order (TRO). In its place, the Court issued a preliminary injunction order.

This preliminary injunction is more narrowly tailored than the August 1 TRO and stays only the financial accountability requirement of the Commission’s underlying administrative orders. The Court’s September 12, 2024, preliminary injunction order does not preclude the Commission or Department Staff from implementing the remainder of the provisions of PSL § 66-t or the Commission’s Rehearing Order that are unrelated to the financial accountability requirement.

Accordingly, beginning on Tuesday, September 17, Department Staff will re-commence work on the implementation of the program, subject to the above limitations.

It is anticipated that the Department may provide notices concerning adjustments to the compliance schedule in the administrative docket 23-M-0106 via the DMM system. Parties are advised to review the administrative docket.

Please note that litigation on this matter remains ongoing before Supreme Court, Albany County.

August 1, 2024

On August 1, 2024, Citizens Choice Energy LLC and Diversegy LLC sought and obtained a Temporary Restraining Order (TRO) that stayed the entirety of the Department’s program regulating energy brokers and consultants in New York State pursuant to Public Service Law §66-t (L. 2022, ch. 787) on a going-forward basis.

In light of the Temporary Restraining Order, as of 2:00 pm August 1, 2024, the Department prospectively will take no further action to implement the regulatory program – pending further litigation and/or potential modification of the TRO.

As of the start of business on August 2, 2024, the Department will cease posting further registration applications submitted by applicants on the Department’s Document and Matter Management (DMM) system.

Registration Steps

The energy broker and energy consultant registration requires the following steps:

• File the registration form with a separate cover letter (addressed to Hon. Michelle L. Phillips, Secretary to the Commission, New York State Public Service Commission, Agency Building 3, Albany, NY 12223-1350) and required documents electronically, as detailed in the application, into Matter 23-01227.
• Please be sure to check your email junk/spam folders for any correspondence after you upload your documents into the matter. 
• Mail a non-refundable $500 check (and annually on 8/31 thereafter) made payable to the Department of Public Service. Include the name of the company or individual that is registering with the Department on the memo line of your check. Also include your contact information (Company Name, Contact Name, Address and Phone Number) with your check so the Department may contact you if there is an issue. Mail to:
  
  Department of Public Service
  Attn: Finance and Budget Section
  New York State Department of Public Service
  3 Empire State Plaza, 16th Floor
  Albany, NY 12223-1350

If you have questions about the registration process or new requirements for energy brokers and energy consultants, please email:  [email protected].

E-File Your Registration

For directions on how to e-file your registration package with the Secretary or Records Access Officer (RAO), visit Filing Documents with the Secretary. Please also see the DMM e-Filing Manual.

Call or email with your questions about e-filing: 518-474-3204, [email protected].

Email or Mail Your Registration

If you are not a registered E-Filer and want to email or mail your registration package hardcopy please follow these directions: 

• A filing letter addressed to the Secretary and a redacted copy of the document should be sent to the Secretary.
  • Contacting the Secretary
    Hon. Michelle L. Phillips
    Secretary to the Commission
    New York State Public Service Commission
    Agency Building 3
    Albany, NY 12223-1350
    Phone: 518-474-2500
    Fax: 518-474-9842
    E-mail: [email protected]
• A filing letter addressed to the RAO which sets forth the basis for the request for confidentiality, and a copy of the confidential document should be sent to the RAO.
  • Contacting the RAO
    Records Access Officer
    New York State Department of Public Service
    Agency Building 3
    Albany, NY 12223-1350
    Email: [email protected]
• Confidential documents should be filed with the RAO, and not sent to DPS staff or the Secretary’s Office.

Energy Broker

Energy Broker is defined within the UBP as “A non-utility entity that performs energy management or procurement functions on behalf of customers or ESCOs, and (1) that assumes the contractual and legal responsibility for the sale of electric supply service, transmission or other services to end-use retail customers, but does not take title to any of the electricity sold, and does not make retail energy sales to customers, or (2) that assumes the contractual and legal obligation to provide for the sale of natural gas supply service, transportation or other services to end-use retail customers, but does not take title to any of the natural gas sold, and does not make retail energy sales to customers.”

Energy Consultant

Energy Consultant is defined with in the UBP as "any person, firm, association or corporation who acts as broker in soliciting, negotiating or advising any electric or natural gas contract, or acts as an agent in accepting any electric or natural gas contract on behalf of an ESCO."

Energy Broker and Consultant Directory

Energy Broker and Consultants that have received a registration letter can be found in this directory.

Broker / Consultant Directory

Energy Broker and Consultant Sole Proprietor Directory

Energy Broker and Consultant Sole Proprietors that have received a registration letter can be found in this directory.

Sole Proprietor Directory