Con Edison Faces Pressure to Respond to Discovery Requests

Strategic Insights -

PULP, a non-profit organization representing low- and fixed-income utility customers, has joined forces with environmental groups WE ACT for Environmental Justice, Alliance for a Green Economy, and Sane Energy Project to urge the New York State Department of Public Service to compel Con Edison to respond to discovery requests in a timely manner. The groups argue that Con Edison's slow response times have caused significant delays, with some requests taking up to nine days to respond. This has resulted in a cumulative delay of approximately three weeks, potentially prejudicing the rate case process.

Key Takeaways:

  • PULP and environmental groups have submitted motions to compel Con Edison to respond to discovery requests, citing slow response times and potential prejudice to the rate case process.
  • Con Edison has delayed responses to PULP's Interrogatory requests, with some taking up to nine days to respond, resulting in a cumulative delay of approximately three weeks.
  • The groups are seeking to modify the procedural schedule to allow for additional time for discovery responses, and to grant oral argument on the motions.
  • PULP supports the environmental groups' motions and joins them in advocating for timely and accurate discovery responses in rate case proceedings.
  • The New York State Department of Public Service is urging Con Edison to respond to discovery requests in a timely manner, consistent with Commission practice and DPS regulations.

Statistics:

  • 9 days: The maximum delay in response to PULP's Interrogatory requests.
  • 3 weeks: The cumulative delay in discovery responses, resulting from Con Edison's slow response times.
  • 2 motions: Filed by PULP and environmental groups to compel Con Edison to respond to discovery requests.
  • 1 day: The minimum delay in response to PULP's Interrogatory requests, with some requests taking longer to respond.

Sources:

  • Albany: New York State Department of Public Service (no date)
  • PULP (Utilities Project) (email, May 2, 2022)
  • Case 22-E-0064 (no date)