About the Order
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.
The energy broker and energy consultant registration requires the following steps:
- File the registration form and required documents electronically, as detailed in the application, into Matter 23-01227.
- Mail the Letter of Credit and a $500 check (made payable to Department of Public Service) to:
Attn: Finance and Budget Section
New York State Department of Public Service
3 Empire State Plaza, 16th Floor
Albany, NY 12223-1350
- Ensure that the Department of Public Service has received a letter of credit in the amount of $100,000 for registering Energy Brokers and $50,000 for registering Energy Consultants and that such letter of credit is effective for the duration of the annual registration period.
- The $500 fee should be paid annually.
Please Note: The implementation of these new requirements has been paused pending rehearing of the Commission’s Order. Energy Brokers and Energy Consultants are not required to file registration packages with the Commission at this time. Interested parties should continue to monitor the filings in Case 23-M-0106 for updates on new compliance deadlines.
If you have any questions about the registration process or new requirements for Energy Brokers or Energy Consultants, please email [email protected].
Energy Broker and Consultant Definitions
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 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."
PSL 66-t Technical Conference
DPS staff held a technical conference on August 8, 2023 on the energy broker and energy consultant registration requirements. Watch the technical conference below.
Broker/Consultant Registration Form, OCS Provider Form and Letter of Credit Template
Energy Brokers and Consultants are required to submit this registration form.
Direct Employees of an Energy Broker or Energy Consultant are not required to submit this form as long as a registered Energy Broker or Energy Consultant is responsible for ensuring compliance.
Instructions on registering and filing are available at https://dps.ny.gov/dmm-help-electronic-filing-registration-instructions.
A template for a letter of credit that meets the requirements set forth by the Commission is also provided below.