New York PSC Appears To Grant Relief Allowing Utility To Co-Market With Third Party
May 14,2020
The New York PSC today, as part of a consent agenda, adopted an order in proceeding Case 19-G-0690
In Case 19-G-0690, the Brooklyn Union Gas Company d/b/a National Grid NY ('KEDNY'), KeySpan Gas East Corporation d/b/a National Grid ('KEDLI'), and Niagara Mohawk Power Corporation d/b/a National Grid ('Niagara Mohawk') (collectively 'National Grid' or the 'Companies') had petitioned the New York PSC for a declaratory ruling that certain provisions on the Companies’ respective codes of conduct restrictions do not apply to one or more of the Companies’ plans to enter into an arrangement with a third-party provider of weatherization and home energy efficiency services that would include use of the KEDNY, KEDLI, Niagara Mohawk, and/or National Grid names and/or service marks by such third party alongside their own in the marketing and offering of such services.
In the alternative, if the Commission determined that such restrictions do apply, National Grid had requested that those restrictions be waived to the extent necessary to enable the Companies to work with such third party to market and make such weatherization and efficiency services available to their customers.
As previously reported, the National Grid companies said that they were contemplating an arrangement with Sealed to market Sealed's home weatherization services. The utility had said that the arrangement includes 'co-marketing' elements, whereby the KEDNY, KEDLI, Niagara Mohawk and/or National Grid corporate names, service marks, logos, etc. would appear alongside the Sealed name, service mark, logo, etc., and would be used by Sealed for marketing the Sealed Program.
Family Energy opposed the relief sought by National Grid (story here)
A written order with the specific relief was not immediately available, and it was unclear if the PSC granted the declaratory ruling as requested, granted a waiver, or made some other finding
However, Commissioner Diane Burman, in discussing her concurrence with the order, said that the order would help align the National Grid companies with other utilities in the state
In its petition, National Grid had stated that its requested relief, "would ... align National Grid with other utilities in the State that are co-marketing the Sealed Program with Sealed," suggesting that the PSC is permitting the co-marketing in some manner
Burman also said that the PSC needs to recognize the challenges associated with granting a code of conduct waiver, and ensuring a level playing field