Lawsuit: NY State PSC Denies Low-Income Consumers Right to Choose Energy Service Companies

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A proposed class action filed in August by a “Jane Doe” plaintiff alleges the New York State Public Service Commission, its chair, and three commissioners unlawfully deny low-income individuals in the state the right to contract with independent energy service companies, a right the complaint argues all other New Yorkers enjoy. Filed on August 23, the lawsuit claims the defendants, through a series of orders resulting from increased competition and options available to consumers, aimed to eliminate the right of proposed class members to choose an energy provider based on their financial status.

“Specifically, [the defendant company] has issued a series of orders that forces all low-income consumers to purchase energy from the monopoly utility provider in their community, and deprives them of the right to choose to buy or continue to buy from an [independent energy service company (ESCO)] (or continue buying from an ESCO that has been providing them services for years),” the lawsuit charges.

The Syracuse resident behind the lawsuit, more specifically, claims she signed up for service from independent company BlueRock Energy, Inc. because she sought a fixed-rate energy bill to be able to better manage her finances. In late July 2017, the plaintiff reportedly received a “forced termination” letter from BlueRock in which the company explained it was not voluntarily dropping her as a customer, but doing so pursuant to the defendants’ alleged “low-income order.”