New York ALJs Agree Certain Utilities Did Not Conform To Protective Order In Retail Reset Proceeding
February 22,2019
The presiding ALJs in the New York PSC's retail energy market review (reset) proceeding have found that certain utilities did not comply with a protective order in answering certain recent discovery requests, and granted relief sought by Direct Energy
Among other things, Direct Energy had alleged that certain utilities had provided protected material directly to DPS Trial Staff and other state agency parties, when such material is to be provided to the ALJs for distribution to state parties (rather than state parties directly)
The ALJs said in a ruling that, "The parties are reminded that Protected Information should be directed to the Administrative Law Judges and parties should follow the procedures set forth in previous rulings. Finding that the above parties did not conform service of Protected Information to the established procedures, we grant Direct Energy’s requests. The utility parties are directed to provide the requests for confidential treatment and redacted versions of their discovery response to DPS-Utility-12 on all parties no later than 4:30 p.m. February 22, 2019. Staff, NYAG and UIU are directed to return, delete or destroy any Protected Information received from the utilities in response to DPS-Utility-12 no later than 4:30 p.m. February 22, 2019 and provide us with an affirmation attesting to their compliance with this directive."