Direct Energy Service, LLC, filed at the New York PSC a request for a ruling, from the presiding ALJs, directing compliance with the protective order in the New York PSC's retail market review (reset) proceeding, alleging that several utilities have not followed the process for confidential materials adopted in the proceeding in responding to a recent discovery request

Direct Energy said that under the case's protective order adopted by the ALJs, confidential information should not be provided directly to DPS Staff or to other state agency parties, and that such confidential information should only be provided to all of those state agency parties indirectly through the presiding ALJs

Direct Energy alleged in its filing that, "With the sole exception of National Fuel Gas Distribution Corporation ('NFGD'), none of the utilities responding to DPS Trial Staff’s Information Request DPS-Utility 12 to date have complied with these clear requirements."

Direct Energy alleged that NYSEG and RG&E, Con Edison, Central Hudson, and National Grid were each non-compliant with the protective order, although the manner of alleged non-compliance varied. Generally, Direct Energy alleged in its filing that the protected materials were sent by the utilities directly to various subject parties, rather than through the ALJs

Most notably, Direct Energy alleged in its filing that both Central Hudson and National Grid each, "provided their confidential materials not only to [DPS Staff counsel] Mr. Kramer and Mr. Dwyer (and in the case of Central Hudson, to seven other members of DPS Trial Staff as well), but also to representatives of the New York Attorney General and the Utility Intervention Unit of the Department of State."

Direct Energy sought an order directing all of the cited utilities to comply with the protective order procedures.

Further, Direct Energy said in its filing that, "Specifically, all members of DPS Staff, NYAG and UIU receiving confidential materials from Central Hudson and/or National Grid should be required to return those materials and should instead receive those materials from Your Honors."

See Direct Energy's filing for more

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