Retail Unbundling

Retail Unbundling - New York
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Status: The State has comprehensive unbundling programs for its residential gas customers.

Overview: Natural gas unbundling is operational statewide in New York, with the exception of a few small utility companies representing less than 1 percent of residential and small commercial customers. According to the New York State Public Service Commission (PSC), 13.7 percent of residential customers were purchasing natural gas from marketers, which the State calls "energy service companies" (ESCOs), as of November 2008, up from the 11.4 percent participation in November 2007 and the 9.1 percent in November 2006. Only 1.8 percent of the State's residential customers were participating in December 1999.

In August 2004, the PSC issued two policy statements that affirmed the commission's commitment to customer choice and outlined strategies to boost participation in competitive markets. These strategies include: opening all utility retail functions (except delivery) to competition, expanding consumer education programs, continuing the option for suppliers to have utilities handle billing, and encouraging aggregation programs and utility-specific programs that help customers switch to third-party suppliers. Companies were encouraged to replicate Orange and Rockland Utilities, Inc.'s successful PowerSwitch program, and, in May 2005, the PSC approved a similar plan by Central Hudson Gas and Electric Company to provide guaranteed savings to customers who purchase natural gas from marketers. Among the program's features is the utility purchase of suppliers' accounts receivable without recourse, which simplifies suppliers' operations and eliminates their need to perform credit checks. In return, suppliers in the program offer a guaranteed discount to participating customers for a 2-month period and agree to take all residential and small commercial customers referred by the utility. Customers are assigned randomly to participating suppliers.

In 2008, the PSC continued its efforts to accelerate the State’s transition to a competitive retail energy market and conducted a review of retail access policies. It determined that the retail market was well enough established that ratepayers should no longer pay the costs of promotional programs. The PSC concluded that LDCs should continue programs such as ESCO referral, market expos, and energy fairs, but not at the expense of ratepayers. Instead these costs should be borne by the ESCOs. Utility consolidated billing and purchase of accounts receivable programs will be continued, as they benefit customers and require no subsidies from ratepayers. Electronic data interchange protocols and uniform business standards will also continue, as according to the PSC they form a platform that ensures commodity markets will remain open to competitors and consumers. However, LDCs no longer have to survey customers to assess their awareness of competitive markets. Surveys to assess ESCO satisfaction can also be discontinued, as any disputes between ESCOs and LDCs may be evaluated under uniform business practice mechanisms.

The PSC directed all LDCs to establish ESCO referral programs. As of December 2008, four LDCs have ESCO referral programs in their service areas that give customers the opportunity to obtain a 7-percent discount off the utility's commodity price for an introductory period when switching to an ESCO. These offers are posted on the PSC Power to Choose web site, which also includes a listing of all ESCOs who have signed a voluntary statement of marketing principles. By the fifth day of each month, ESCOs must post a snapshot of prices for residential services as of the first day of the month. Reported price offers also must include information on terms and conditions, such as the type of price offer (fixed, variable, capped), types of payment and billing options, cancellation fees, deposit requirements, and late payment charges. ESCOs who do not comply will be notified, and if still noncompliant would be prohibited from enrolling new customers and would be dropped from the utility's referral program. Actual offers to provide service must be obtained directly from the ESCOs.

The PSC also directed LDCs to continue to give natural gas customers an opportunity to obtain information about marketers and compare energy services. Marketers must be certified by the PSC and use standard contracts. In December 2008, 57 ESCOs, or marketers, were licensed to serve residential and small commercial customers in the State. Large commercial and industrial customers have been able to purchase and transport their own gas supplies since the mid-1980s. According to the PSC, nearly 100 percent of the State's largest gas customers are being supplied by marketers.

EIA State Data: In 2007, New York had 4,379,936 residential and 393,997 commercial customers. They consumed 397 and 290 billion cubic feet of natural gas, respectively. The average prices paid for natural gas purchased from local distribution companies and marketers by residential and commercial customers were $15.49 and $11.72 per thousand cubic feet, respectively.

Eligibility and Participation in Retail Choice Programs:

Eligibility and Participation by Customer Class, November 2008

Customer Type	2007 Customer Total	Eligible November 2008		Participating November 2008
Customer Type	2007 Customer Total	Total	Percent of Customers	Total	Percent of Eligible	Percent of 2007 Customer Total
Residential	4,379,936	4,294,688	100	588,669	13.7	13.4
Commercial*	393,997	343,235	100	97,447	28.4	24.7
Total	4,773,933	4,637,923	100	686,116	14.8	14.4
Commercial eligibility and participation data include small-volume commercial and industrial customers. Source: 2007 Customer Total: Energy Information Administration, Natural Gas Annual 2007* (January 2009). Eligibility and Participation: New York State Public Service Commission (February 2009).

Regulatory and Legislative Actions on Retail Unbundling

Summary: The New York State Public Service Commission (PSC) published its plan for comprehensive unbundling of natural gas services on November 3, 1998, and ordered that local distribution companies (LDCs) should exit the merchant function during a 3-to-7-year transition period. By April 1, 1999, all LDCs were to stop assigning upstream capacity to customers who had chosen to purchase gas from other sources. LDCs were directed to encourage competition and to cooperate with marketers so as to increase the number of customers choosing transportation service. LDCs were also directed to explore options to mitigate stranded costs. Issues such as metering and billing and last resort service that also relate to electric utilities were to be decided in connection with electric utility restructuring. Issues regarding system operation and reliability and market power would be addressed through collaborative meetings with LDCs, marketers, consumer groups, government agencies, and the PSC. As a result of this collaborative process, a preliminary report was issued in July 2001, which concluded that the transition to a competitive retail market will take much longer than expected. The report claimed that the only competitive market at that time was the commodity market for nonresidential gas customers. It recommended that utilities eventually be forced to exit the retail market but that the current market was not sufficiently competitive to support this change.

Legislation was enacted in June 2002 that provides customers who purchase natural gas or electric power from marketers the same protections they have as utility customers. Under the law, all the protections granted utility customers under the Home Energy Fair Practices Act also apply to transactions between marketers and residential customers. Customers with billing disputes may take their complaints to the Public Service Commission.

Regulatory actions since 2004 included directing the nine largest utilities in the State to develop plans to accelerate development of competition in natural gas and electric markets and to file detailed cost analyses in future rate cases that allocate costs between competitive and noncompetitive categories. The PSC also recommended transitional steps toward a fully competitive market in which utilities completely exit the retail market (see overview section above). In 2006, the PSC directed marketers to post real-time price information on the PSC Power to Choose web site. By the fifth day of each month, ESCOs must post a snapshot of prices for residential services as of the first day of the month.

In 2007 the PSC ordered LDCs to assign capacity to retail marketers for serving residential and small commercial customers. According to staff, this would ensure continued reliability of the natural gas system in the State while preventing the inefficiencies inherent in duplicative capacity assets that could result from assuring the continued availability of the pipeline capacity provided by gas marketers in case they exit a utility program. In 2008, the PSC approved new rules governing marketer's business practices that strengthened consumer protection measures. The PSC also determined that the market was competitive enough that marketers rather than ratepayers should bear the costs of promotional programs. LDCs must continue their customer outreach and education programs and continue or implement marketer referral and purchase of accounts receivable programs as long as customers do not pay for them.

Regulatory and Legislative Actions

Executive Order	04/08	Governor Calls for New State Energy Plan. In March 2008, Governor David A. Paterson issued an Executive Order directing the creation of a State Energy Plan and reconvened a State Energy Planning Board to conduct the planning process. A draft plan is scheduled to be released on March 31, 2009, and the final plan on June 30, 2009. The last State energy plan was completed in 2002.
Legislation	06/02	Legislature Approves Energy Consumer Protection Act of 2002. The law gives consumers who buy natural gas or electricity from marketers the same protections they have as utility customers. It makes marketers subject to the same late-fee caps that apply to utilities and requires them to offer budget billing plans. No prepayments are allowed, and deposits can be collected only from consumers with a bad payment history. Marketers may shut off service to customers who do not pay their bills under the standards specified in the Home Energy Fair Practices Act. The law becomes effective in June 2003.
Regulatory Actions	10/08	PSC Directs LDCs to Continue Programs to Encourage Retail Access as Long as Customers Do Not Pay for Them. In a review of programs to promote retail competition, the PSC concluded that LDCs should continue programs such as ESCO referral, market expos, and energy fairs, but not at the expense of ratepayers. Instead these costs should be borne by marketers. All LDCs must have an ESCO referral program. However, LDCs no longer have to survey customers to assess their awareness of competitive markets.
	10/08	PSC Approves New Marketing Standards that Strenthen Customer Protection Measures. For example, sales agreements must include a consumer disclosure statement on the front page outlining the most iimportant terms of the agreement. Also, marketers must comply with set standards for telephone and in-person marketer contacts and investigate customer complaints regarding marketing practices within 5 days of their receipt. The standards also provide the PSC with additional ways to respond to a marketer's violation of rules, such as restricting sales to new customers or in a specific service territory; before the only remedy was to bar the marketer from participation in the State's retail market.
	03/08	PSC Clarifies Mandatory Capacity Release Rule for LDCs. The mandatory capacity release program requires use of interstate pipeline capacity held by LDCs for core customers. Marketers using their own capacity for core customers could continue at current (August 2007) levels. The order clarifed that the grandfathered amount of capacity used for serving core customers should be adjusted annually based upon the core customer load served by marketers, recognizing that fluctuations in load may occur over time.
	03/08	PSC Asks for Comments on New Rules Governing Marketers' Business Practices. After numerous complaints, the State Consumer Protection Board and New York City Department of Consumer Affairs petitioned the PSC to develop new rules to protect consumers from deceptive sales practices. The proposed changes establish a set process to resolve complaints, standards for telephone and in-person marketer contacts, plain language sales agreements, and up to 30-day grace periods for payment of fees for early release from a contract.
	12/07	PSC Approves Gas Rate Plans for Keyspan Energy Delivery (Keyspan) NY and Keyspan Long Island. The plans specify that the companies will begin purchase of receivables programs effective October 1, 2008, and April 1, 2009, respectively, for ESCOs using their consolidated billing programs. (Keyspan will change its name to National Grid in May 2008.) The programs will include a transition fee to compensate for additional collections risk. The companies also were directed to meet with PSC staff and other parties to examine best practices for establishing ESCO referral programs in their service areas. A report on the collaborative effort is due within 90 days.
	12/07	PSC Directs Consolidated Edison Co. of NY (Con Edison) and Orange and Rockland Utilities, Inc. (O&R) to Submit a Supplemental Plan for Development and Deployment of Advanced Electric and Gas Metering Infrastructure (AMI). The companies' AMI plan, filed in March 2007, met requirements of the PSC AMI order (08/06). However, the PSC ruled that additional information is needed to assess the validity of the companies' cost estimates. Companies are to submit a report detailing the results gained from demonstration projects and a re-evaluation of the cost-effectiveness of systemwide meter installation. If approved, the companies' systemwide AMI installation would encompass about 3.6 million electric meters and 1.2 million gas meters.
	12/07	PSC Directs Central Hudson Gas and Electric Corporation (Central Hudson) to Submit a Revised AMI Pilot Plan. The PSC determined that the company's pilot proposal (December 2006), electric AMI plan, and gas AMI assessment (February 2007) were inadequate. The revised pilot should incorporate AMI functionality within the metering systems used and permit evaluation of the cost-effectiveness of AMI installation systemwide.
	10/07	PSC Asks for Comments Regarding the Features and Functions of AMI Systems that Should Be Considered as Standard. Review of the utilities’ AMI plans filed during the first quarter 2007 showed that the utilities do not have a consistent understanding of what an AMI system should include.
	09/07	PSC Approves Con Edison's 3-Year Rate Plan. The plan adjusts the timing and amount of the rate increase to levelize its impact. A transitional, 1-year revenue decoupling mechanism and provisions for energy efficiency programs are included in the plan. The company will continue its purchase of receivables program as approved in 2005, except for changes in the discount rate and the addition of a dispute resolution procedure. The company will continue its ESCO (marketer) referral program and Market Match website but has no obligation to continue other parts of the retail access program in its 2004 rate plan. It will continue to amend its consolidated billing service agreement to reflect changes to its retail access program.
	08/07	PSC Issues Order on Capacity Release Programs. LDCs must assign capacity to retail marketers for serving residential and small commercial customers. Marketers using their own capacity for core customers can continue at current levels. If a marketer reduces capacity it would become the maximum that the marketer could bring to the LDC's citygate. New or additional marketer load would be served through LDC capacity release. Local gas production connected to distribution facilities are to be treated as upstream capacity and LDCs with local production must establish plan for its use. LDC capacity releases should be for the entire year, not just the 5-month heating season. LDCs are to continue offering storage services to marketers and are encouraged to institute "delivery point operator/city gate swing service"(DP/CSC) programs where possible, which would allow marketers to balance citygate deliveries year-round. LDCs must file tariff amendments to meet these requirements by October 1, 2007, that would become effective on a temporary basis on November 1, 2007.
	05/07	PSC Approves Central Hudson's Unbundled Bill Formats. Central Hudson is authorized to recover $53,000 of the costs of the new bills from its Competitive Education Campaign funds. The new bill formats will better inform consumers and educate them on the costs of the supply services that could be obtained from competitive suppliers instead of the utility.
	04/07	PSC Initiates Review of Retail Access Policies. The PSC asked for comments by June 2007 on the effectiveness and costs of utilities' existing programs and practices to promote retail acess and whether they are still necessary. Issues include a determination of the proper allocation of risks and expenses among ratepayers, utilities, and competitors. Comments will be considered on a generic basis, but utilities are also encouraged to include analysis and modifications of existing retail access programs in rate proceedings.
	03/07	PSC Staff Issues White Paper on Natural Gas Capacity Planning and Reliability. It proposes requiring LDCs to adopt the mandatory capacity assignment model with some modifications to allow for grandfathering of existing levels of marketer capacity used to serve core customers. According to staff, this would ensure continued reliability of the natural gas system in the State while preventing the inefficiencies inherent in duplicative capacity assets that could result from assuring the continued availability of the pipeline capacity provided by gas marketers in case they exit a utility program. Specifically, if marketers exit a utility program, the capacity that they had provided may be needed to continue to serve those customers. In order to assure reliability, natural gas utilities could obtain capacity intended to duplicate that marketer-provided capacity, which would be inefficient and could result in negative costs as well as environmental impacts associated with building duplicative capacity. This issue is more pressing than ever due to increasing natural gas loads and continuing limited and tightening capacity availability. Utilities may not renew existing contracts, or may renew them at lower levels, because they are relying on capacity that marketers have contracted for. If those marketers stop serving customers in New York State and that capacity is no longer available to serve New York ratepayers, reliability could be adversely impacted.
	01/07	PSC Schedules Energy Fair for Customers of National Grid USA and National Fuel Gas Company. The fair will give customers the opportunity to meet with marketers to learn about available electric and natural gas supply choices.
	12/06	PSC Approves O&R's Retail Access Plan, with Modifications. The plan outlines O&R’s current and proposed initiatives to educate customers about competitive energy markets and energy service companies (marketers) and foster migration of customers to retail access options. O&R was directed to expand its Market Expo invitation pool to all customer classes and continue to host Energy Fairs for residential and small business customers. It was also directed to provide detailed information about how the company will facilitate customer aggregation in its service territory and also how it will improve bill formats. A compliance filing is due within 45 days.
	11/06	ESCOs Directed to Post Prices Online Each Month. Beginning December 2006, by the 5th day of each month, ESCOs must post on the PSC's Power to Choose web site a snapshot of prices for residential services as of the 1st day of the month. Reported price offers also must include information on terms and conditions, such as the type of price offer (fixed, variable, capped), types of payment and billing options, cancellation fees, deposit requirements, and late payment charges. ESCOs who do not comply will be notified, and if still noncompliant would be prohibited from enrolling new customers and would be dropped from the utility's referral program. Actual offers to provide service must be obtained directly from the ESCOs.
	11/06	PSC Approves 3-Year Rate Plan for St. Lawrence Gas Company, Inc. Plan funds a new billing system and promotes economic development and customer choice in gas suppliers. According to the PSC, the plan better aligns rates for each customer class to reflect the actual costs of providing service to the various customer classes. The company is required to survey ESCOs and other parties to determine if there is enough interest for an energy aggregation program.
	10/06	PSC Approves 3-Year Rate Plan for O&R. Plan includes provisions for the continuation of programs to ensure customer choice of gas suppliers. The company will be allowed to retain a percentage of potential excess earnings if it can ensure customers understand their supply options.
	09/06	PSC Staff Recommends Approval of Rochester Gas and Electric Corp. (RG&E) New Billing System. Proposed tariff establishes billing charges for each service class. Although RG&E has not filed a full rate unbundling proposal, it will use the current back-out credit as a proxy for a competitive service cost-based billing charge.
	08/06	PSC Issues Order Relating to Electric and Gas Metering Services. Endorses electric and gas utility investment in advanced metering infrastructure where feasible and encourages pilot programs to test a variety of proposals for development of advanced metering systems. Requires gas utilities to assess advantages of and need for advanced metering systems and submit plans, if necessary, for installation of new advanced metering technologies. Authorizes competitive meter-reading services for daily gas balancing for certain gas customers.
	07/06	PSC Approves Central Hudson's 3-Year Rate Plan. Continues customer choice initiatives and best practices, such as the ESCO referral program “Energy Switch,” the Market Match, Market Expo, and ESCO Ombudsman. Bills will be further itemized to allow better commodity price comparisons between Central Hudson and ESCOs.
	06/06	PSC Approves National Fuel Gas Distribution Corporation’s (National Fuel) ESCO Referral Program. Participating customers would receive a 2-month discount of 7 percent from National Fuel’s current month Gas Supply charge. The program will be open for continuous enrollment through July 31, 2007. Each ESCO will tell customers what the price for service after the introductory discount period will be and when it will change. A call center will obtain customer authorization, process enrollments, and provide ESCOs with customer information. Enrollment can be done electronically, in writing, or by recorded phone call. Participation will be limited to customers who are currently receiving commodity service from National Fuel.
	06/06	Consolidated Edison Company of New York, Inc. (ConEdison) Presents Plan to Support Customer Participation in Retail Energy Market. Voluntary participation in ConEdison's "Power Your Way" program will be encouraged through its ESCO Referral Program (“PowerMove”) for residential and small business customers and new educational efforts, such as a redesigned web site, brochures, bill inserts, and advertising. The PowerMove program offers a 2-month introductory discount of 7 percent for supply from an ESCO. Customers can receive one bill for both supply and delivery and can change suppliers at any time without penalties.
	05/06	Electronic Data Interchange Standards and Uniform Business Practice Guidelines Modified. Changes will support new retail access initiatives, such as guidelines for ESCO Referral Programs and the use of the Purchased Receivables payment processing method. They will enable utilities to enroll customers without an ESCO Request and ensure that ESCOs have enough information on purchased receivables to maintain adequate financial records.
	04/06	PSC Approves Niagara Mohawk Power Corp.’s (National Grid) Collaborative Plan for Promoting Competitive Retail Markets. Plan includes “New Choices” program in which residential and small business customers can receive a 7-percent discount on natural gas supply for 2 months if they choose an ESCO. Customers can select a specific ESCO or let National Grid choose one for them. National Grid will purchase the receivables of participating ESCOs. Participants are eligible to receive only one discount for the life of their account. Customers with both electricity and gas services can receive the 7-percent discount on each service.
	12/05	PSC Adopts ESCO Referral Program Guidelines. PSC issues order adopting ESCO referral program guidelines and approving an ESCO referral program subject to modifications.
	07/05	PSC Directs Central Hudson to End Its Fixed-Price Option. The company is to end the plan when the program expires on October 31, 2005, because the PSC determined that the company's firm sales customers were subsidizing those on a fixed-price plan. Marketers are encouraged to offer similar programs in Central Hudson's service area.
	07/05	PSC Approves 2-Year Rate Plan for National Fuel Gas Distribution. The plan includes several new retail access programs directed mainly to large-volume sales customers. One program allows customers to exchange information electronically and receive offers from marketers, while another commits to at least two market forums for non-residential business customers to receive offers from marketers and exchange information about retail choice.
	05/05	PSC Approves Central Hudson Gas & Electric's Retail Access Plan. Plan includes a customer choice program that gives introductory savings to customers who choose to buy from a marketer. The plan is modeled after Orange and Rockland Utilities' power switch program. Customers who enroll retain the option of returning to Central Hudson's sales service. The company is to expand its consumer outreach and education programs, through both written inserts and Web site information.
	08/04	Statement of Policy on Unbundling and Order Directing Tariff Filings. Presents guidelines for accurately quantifying a fair utility rate that marketers can compete against. Directed utilities to conduct comprehensive cost-of-service analyses that would allocate costs between competitive and noncompetitive services.
	08/04	Statement of Policy on Further Steps Toward Competition in Retail Energy Markets. Policy adopted encouraging customer choice and affirming that competitive markets are the preferred means of promoting efficient energy services. Outlines strategies to boost participation in competitive markets, including: opening all utility retail functions (except delivery) to competition, expanding consumer education programs, continuing option for suppliers to have utilities handle billing, and encouraging aggregation programs. Long-term supply contracts are discouraged and marketers should either take assignment of LDC-contracted capacity or contract directly with the pipeline. Utility has first right to purchase marketer capacity if marketer exits the market.
	01/04	Comments Requested on Specific Strategies to Facilitate Customer Choice. Companies asked what should be done now to increase customer choice and what would be the expected benefits and cost of recommended actions. Asked to consider ways to eliminate barriers to customer aggregation programs and the pros and cons of auctions, incentive mechanisms, long-term contracts, and minimum capacity commitments for marketers.
	03/03	Recommended Decision on Unbundling Track Embedded Cost Studies. Administrative law judge recommended that an embedded cost of service study approach should be used in cost analyses for energy service provider studies, which would be based on cost-causation principles, but sufficiently flexible to consider consumer interests.