Energy Competition Information for Consumers

New York State opened the State’s electric and natural gas industries to competition in the 1990s. Changes in the markets have provided an opportunity for consumers to choose who provides their energy supply – either their utility or a third-party supplier know as an Energy Services Company (ESCO).

View a compiled list of Energy Service Companies (ESCOs) regulated by the New York Public Service Commission.

Background

Energy services companies (ESCOs) selling electricity are required to provide customers with periodic environmental disclosure statements or environmental disclosure labels in plain language. The labels provide information on the types of fuels used to generate electricity, air emissions resulting from generating electricity, and a comparison of those emissions to a statewide average. This information enables consumers, if they choose to; select an electricity supplier based on environmental quality and resource diversity, a key desired outcome of the Environmental Disclosure Program (EDP). View EDP labels on the NY Generation Attribute Tracking System website.

On November 14, 2008, the Commission issued an Order in Case 94-E-0954 which changed the settlement period for the Environmental Disclosure program. The revised settlement period will now coincide with a calendar year. The next settlement period will cover January 1, 2007 through December 31, 2007. Although the settlement period has been extended from rolling six-month periods to a calendar year, Load Serving Entities (including distribution utilities and ESCOs) must continue to provide disclosure labels to customers at least once every six months.

Commission Orders and Opinions

• Order Adopting Change in Settlement Period - November 12, 2008
• Notice Requesting Comments - July 30, 2008
  • Substance of Proposed Rules
• Commission Order Approving Change to Settlement Period in the Environmental Disclosure Program (May 12, 2004)
• Commission Opinion and Order Adopting Environmental Disclosure Requirements and Establishing a Tracking Mechanism

Additional Information

• Environmental Disclosure Labels by Load Serving Entity - Individual environmental disclosure labels for retail electric suppliers, State Average, ISO Spot Market Index

Staff Contact

Questions/Comments should be directed to the Label Administrator at [email protected].

Some companies offer Renewable Energy Certificate (REC) subscriptions in New York, where participants purchase and retire nationally-sourced RECs representing the environmental attributes of renewable electricity generation.   

While the marketing and purchase of nationally sourced RECs in New York is not prohibited, nationally sourced REC purchases cannot be used to satisfy compliance with New York State’s Clean Energy Standard (CES) or used to offset a customer’s usage as part of a renewable energy product offering.  

Nationally-sourced RECs are unbundled from energy generation and do not result in the actual delivery of renewable energy into New York. In contrast, “New York compliant” RECs are bundled with the energy generation and result in the delivery of renewable energy into the State. 

In examining a product offering, consumers may wish to ask the vendor whether the vendor’s provision of RECs are “nationally sourced RECs” or “New York compliant RECs.”

The Home Energy Fair Practices Act (HEFPA) provides residential energy customers with comprehensive protections in areas such as application for service, customer billing, and payment and complaint procedures.

In 2002, HEFPA (Public Service Law Article 2) was amended to apply the same consumer rights and protections to residential electric and natural gas customers of ESCOs and other energy entities as those afforded to utility consumers. 

HEFPA Residential Consumer Rights information

New York State opened the state’s electric and natural gas industries to competition in the 1990s. Changes in these markets have provided an opportunity for consumers to choose their supplier of energy.

An Energy Service Company (ESCO) is an entity eligible to sell electricity and/or natural gas to customers using the transmission or distribution system of a utility.

The NYS Department of Public Service (DPS) requires ESCOs to complete an application process before serving customers.

View more information on What You Should Know Before Choosing an Electricity or Natural Gas Supplier.