PSC Takes Action Against Three ESCOs

NEW YORK — The New York State Public Service Commission (Commission) today took action against three energy services companies, or ESCOs, operating in New York State for failing to abide by New York’s strict rules and regulations to protect consumers. The three ESCOs are Polaris Power Services LLC (Polaris), Relief Energy LLC (Relief), and Clear Green Energy LLC (Clear Green).

“The ESCO market is an important part of our energy system,” said Commission Chair Rory M. Christian. “That said, ESCOs must meet standards that are designed to ensure they benefit consumers. In instances where the ESCO does not play by the rules, the Commission will impose consequences, including potentially prohibiting them from doing business in New York State.”

In the first action, the Commission ordered Polaris to show within 30 days why its eligibility to operate as an ESCO in the State of New York should not be revoked or why other consequences should not be imposed. In February of 2024, Commission staff initiated an investigation into Polaris’ customer contracts following a 2022 renewable energy review. As a result of staff's investigation to date, staff now contends that Polaris apparently failed to honor the terms of its sales agreements, requiring the ESCO to purchase a specific percentage of renewable energy credits.  Staff further contends that Polaris apparently failed to enroll mass-market customers into compliant products.

Meanwhile, in separate actions, the Commission revoked Relief’s and Clear Green’s eligibility to serve as ESCOs in New York State. Staff had contended that the two ESCOs failed to submit annual compliance filings, and subsequently failed to respond to any of staff's information requests.

Every ESCO in New York must comply with New York Uniform Business Practices guidelines and with all applicable orders from the Commission to maintain its eligibility to operate in New York.  Among other requirements, ESCOs must file with the Commission Secretary their annual compliance report by January 31 each year. Failure to comply with the rules could result in losing the ability to operate in New York.

Today’s decisions may be obtained by going to the Commission Documents section of the Commission’s Web site at www.dps.ny.gov and entering Case Numbers 24-M-0482 (Polaris); 24-M-0175 (Relief Energy) or 24-E-0174 (Clear Green) in the input box labeled "Search for Case/Matter Number". Many libraries offer free Internet access. Commission documents may also be obtained from the Commission’s Files Office, 14th floor, Three Empire State Plaza, Albany, NY 12223 (518-474-2500). If you have difficulty understanding English, please call us at 1-800-342-3377 for free language assistance services regarding this press release.

-30-