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NY EDCs Say Data Providers Petition On Data Security For GBC Users Now "Moot" In Light Of PSC Action

December 24,2018



Central Hudson Gas & Electric Corporation, Consolidated Edison Company of New York, Inc. (“Con Edison”), New York State Electric & Gas Corporation, Niagara Mohawk Power Corporation d/b/a National Grid, KeySpan Gas East Corporation d/b/a National Grid and The Brooklyn Union Gas Company d/b/a National Grid NY (collectively, “National Grid”), Orange and Rockland Utilities, Inc., and Rochester Gas and Electric Corporation (collectively the “Joint Utilities”) said in a response filed with the New York PSC that a petition concerning data security requirements for third-party users of Green Button Connect My Data (“GBC”) has been rendered moot by recent PSC action

As previously reported, Mission:data Coalition petitioned the New York PSC to issue a declaratory ruling, "affirming its October 19, 2017 Order Establishing Oversight Framework and Uniform Business Practices for Distributed Energy Resource Suppliers in Case 15-M-0180 ('DER Oversight Order')," and specifically affirming "that the Commission expressly prohibits any utility offering Green Button Connect ('GBC') from requiring Distributed Energy Resource Suppliers ('DER Suppliers') to sign Data Security Agreements, and related documents such as a Self-Attestation of Information Security Controls (together, the 'DSAs'), as a condition of using GBC."

Mission:data had said that a declaratory order is appropriate and necessary because there is a direct conflict between the Commission’s language in the DER Oversight Order and the utilities’ recently-imposed, extrajudicial requirement that DER Suppliers comply with the DSAs developed in this proceeding [Case 18-M-0376] as a condition of accessing customer data via the Green Button Connect platform.

In a response, the Joint Utilities noted that in a recent energy efficiency order, PSC directed Department of Public Service Staff (“Staff”) to convene a collaborative with interested stakeholders specifically to develop a GBC terms and conditions agreement to be filed by the Joint Utilities by February 29, 2019.

The energy efficiency order's inclusion of a directive related to GBC access had been first reported by RetailEnergyX.com

"Mission:data’s Petition is moot because the Joint Utilities will be working with Staff and interested stakeholders, including presumably Mission:data, to develop appropriate GBC cyber security and customer data protections," the Joint Utilities said

Alternatively, the Joint Utilities said that the PSC should dismiss Mission:data’s Petition on substantive grounds, "because the Joint Utilities have an obligation to protect their systems and customer data privacy, including requiring appropriate safeguards and protections from third parties, and nothing in the Commission’s Uniform Business Practices ('UBPs') DERs Order5 prohibits imposing requirements on third parties."

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New York   GBC   Big data  

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