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Utility Rate Analysis Consultants Petition for Declaratory Ruling Against Consolidated Edison Company of New York

Strategic Insights

— 2 min read

Utility Rate Analysis Consultants (URAC) has filed a petition for declaratory ruling against Consolidated Edison Company of New York (CONED) for failing to provide a fair investigation and prompt response to a billing complaint filed with the New York State Public Service Commission's (PSC) Office of Consumer Services (OCS). The complaint, filed on December 16, 2020, alleged that CONED had overbilled the complainant's account for demands on October 18 and November 14, 2018. Despite repeated requests for a response, CONED failed to address the matter in a reasonable amount of time, prompting URAC to seek a declaratory ruling from the PSC.

Key Takeaways:

  • The complaint process in New York State is governed by 16 NYCRR §12, which requires utilities to respond to customer complaints in a timely manner.
  • CONED failed to respond to the complaint filed by URAC on December 16, 2020, and instead, escalated the matter to the OCS on January 12, 2021, after a 25-day delay.
  • The OCS acknowledged the complaint on January 13, 2021, but failed to respond to URAC's repeated requests for an update on the status of the complaint.
  • The PSC's own decisions have emphasized the importance of timely complaint handling, citing case law that holds that "an expedited procedure must be established by the State and local agencies to conform with due process."
  • The OCS has failed to enforce consumer protection regulations, allowing CONED to act with impunity and ignore its obligations to resolve complaints in a timely manner.
  • URAC requests that the PSC issue a declaratory ruling finding CONED in violation of complainants' rights and ordering it to immediately address the pending billing complaint with a full and documented response.
  • If CONED does not comply, the Commission should consider levying penalties under Section §25 of the Public Service Law.

Statistics:

  • The complaint was filed on December 16, 2020, and CONED failed to respond in a reasonable amount of time, escalating the matter to the OCS on January 12, 2021, after a 25-day delay.
  • The OCS acknowledged the complaint on January 13, 2021, but failed to provide an update on the status of the complaint to URAC.
  • The PSC has emphasized the importance of timely complaint handling, with decisions citing case law that requires expedited procedures to conform with due process.
  • URAC's complaint has been pending for over 200 days, despite repeated requests for an update on the status of the complaint.

Sources:

  • Utility Rate Analysis Consultants (URAC) Petition for Declaratory Ruling, dated January 4, 2022.
  • Office of Consumer Services (OCS) letter to URAC, dated January 14, 2021.
  • Complainant's letter to CONED, dated December 16, 2020.
  • PSC decision in Orin Management v. Consolidated Edison Company of New York, dated December 21, 2021.
  • New York State Public Service Commission's Rules of Practice, 16 NYCRR §12.

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