The Solar Energy Industries Association requested that the New York PSC Secretary extend the implementation timeline for various new requirements imposed on distributed energy resource providers

As previously reported (see details here), under the PSC's order, termination fees for community distributed generation project members are capped, production guarantees will be required for on-site mass market solar projects and escalation clauses in contracts between customers and developers must be clearly disclosed

SEIA sought an extension until by 90 days from the time Department of Public Service Staff clarifies certain matters in the PSC's order.

"[W]e ... note that among various items that need clarification, contracts sent to the consumer before May 1, 2019 may need to be rescinded. For example, as currently written, offers generated on March 30 will not be in compliance if signed on May 1. To avoid this outcome, we suggest that the Order change the deadline so that contracts generated on or after the deadline must comply with the Order’s requirements," SEIA said

"We note that as of April, the Department has yet to publish the updated disclosure form referenced in the Order, and companies cannot even begin to incorporate the new form into their processes. As a result, we request at least 90 additional days from the time of clarification on these matters to allow for compliance," SEIA said

"As the Commission acknowledges, businesses need more than 30 days to integrate the disclosure forms into their IT systems and sales processes. Many businesses may also need to change their product offerings to align with the Order’s requirements. Such changes require multiple steps which include development of updated contracts and disclosures, legal review, uploading into IT platforms, dissemination to sales teams, and training of sales teams on the updated materials. These tasks can take well over 90 days," SEIA said

"SEIA member companies are committed to high-quality customer service and consumer protection, and caution that short implementation timelines for new consumer protection regulations are counterproductive to our mutual goals of quality control and excellent customer service," SEIA said

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