Roundup of key developments in competitive retail energy markets around the country.

RESA and NYRCC raise concerns over GBL § 349-d implementation and ESCO cost recovery in New York. On September 8, RESA and the New York Retail Choice Coalition (NYRCC) filed comments on the Joint Utilities’ proposal to implement a new state law (GBL § 349-d) which contains requirements for monthly bill-based and annual utility/ESCO price comparisons. RESA opposes approval of the current proposal, arguing that utility implementation costs are insufficiently documented and should be allocated only to ESCOs serving affected mass-market customers in the applicable utility territory. RESA also seeks clearer treatment of POR deductions, customer eligibility, annual notices, and ongoing reconciliation charges, as well as a stakeholder process before implementation. NYRCC supports providing customers with price comparisons but raises concerns regarding customer eligibility, calculation of the utility comparison benchmark, treatment of ERVAs, and ESCOs’ ability to verify and challenge utility data and costs.

Peoples Gas rate case also risks POR for gas suppliers in Pennsylvania. Of particular relevance to suppliers, consumer advocate CAUSE-PA, proposed restricting POR eligibility to suppliers that certify their rates are at or below Peoples’ default service price when a contract is entered or renewed. RESA urged the Pennsylvania PUC to reject this proposal arguing that tying POR eligibility to the PTC would effectively regulate competitive supplier prices, discriminate against suppliers, disrupt existing fixed-price contracts, and undermine customer choice. RESA also contends that the record does not demonstrate that POR causes higher supplier prices or write-offs and that the proposed restriction is overly broad. Peoples Gas, for its part, does not recommend adoption or rejection the proposed POR price restriction, suggesting broader retail market reforms may be better addressed through a separate rulemaking with clear supplier participation rules.

California’s Gov. Newsom considers energy bills. The California legislature has passed several energy-related bills as its 2025-2026 session draws to a close. Notable energy legislation awaiting Gov. Newsom’s signature or veto includes: (1) the companion data center bills AB2383 and SB886, which require the establishment of transmission service interconnection, T&D, and generation service tariffs for data centers and which are designed to protect ratepayers from associated cost increases and ensure large load customers contribute to utilities’ and other service providers’ ability to meet clean energy and other procurement targets; (2) SB913, which requires enhancement of market-integrated pathways for aggregated distributed energy resources to qualify as resource adequacy capacity by June 2028; and (3)SB905, which would make major changes to how utilities recover capital costs, finance infrastructure, and use existing grid capacity.

Maine to update net energy billing (NEB) rules. The September 15 notice of rulemaking from the Maine PUC proposes amendments to existing regulations to implement a number of bills signed into law earlier this year, as well as to address possible revisions raised in the previous NEB rulemaking. These include: (1) clarifying rules about residential participation in multiple shared financial interest NEB arrangements; (2) clarifying that small plug-in solar photovoltaic or battery systems, which customers no longer need utility approval to install, are excluded from NEB; (3) permitting utilities to limit the option of a cascading allocation of kWh or bill credits to arrangements with a maximum of 20 customers; (4) changes to the methodology for allocating NEB costs and eligible long-term contract costs and benefits among utilities; and (5) rules regarding the NEB Cost Stabilization Fund established by the legislature.

New Jersey modifies solar interconnection rules and renewable energy incentives. On September 9, New Jersey’s Gov. Sherrill signed into law A3974, as substituted by S3183. Major provisions of the bill include: (1) amending requirements for co-location of solar facilities to add that the developer must petition the BPU for a permit, that the co-location must be the result of interconnection constraints, and that the co-location will not result in more favorable incentives; (2) requiring through the end of 2028 that, in order to participate in community solar (CSP) or remote net metering (RNMP), solar facilities on landfills, contaminated sites, or mining sites must have power output of =300MW, capacity of 5-20MW, and a demonstrated inability to connect as a PJM wholesale market participant by Transition Cycle 2 or as a qualifying facility, and not have received an award in the fourth Competitive Solar Initiative solicitation; (3) requiring such sites participating in CSP or RNMP have at least 33 months from the date of program registration to achieve commercial operations; (4) expanding projects to be permitted use within every municipality to include all solar, battery storage, or renewable energy facilities or associated structures on any rooftop, landfill, brownfield, contaminated site, mining site, or closed resource extraction operation; and (5) amending RNMP law to modify the types of properties suitable to host remote net metering solar facilities. 

FirstEnergy highlights PJM capacity, large-load and market rule changes in Ohio. On September 1, the FirstEnergy utilities filed their quarterly wholesale electricity market update with PUCO, highlighting several significant PJM developments. PJM proposed a one-time reliability backstop procurement to address potential capacity shortfalls, while FERC approved increased financial requirements for PJM market participants and enhanced demand response rules. The utilities also highlighted PJM’s proposed Large Load Registry and Interim Resource Adequacy Service (IRAS), which would require LSEs serving new large loads to demonstrate sufficient capacity support or potentially subject those loads to emergency reductions.

PUCO adopts amendments to administrative and procedural rules. On August 19, the PUCO issued an order adopting amendments to Ohio Administrative Code Chapter 4901-1 to update administrative and procedural rules following changes enacted by Substitute House Bill 15. The order establishes a 90-day deadline for intervention in general rate cases, revises discovery timelines, and requires parties to identify witnesses responsible for discovery responses or documents. PUCO also adopted a one-hour-per-party, per-witness limit on cross-examination in general rate proceedings, with extensions available for good cause, and standardized post-hearing briefing requirements.

Illinois opens rulemaking to implement provisions of the Utility Data Access Act. ICC distributed for comment Staff’s draft rules, developed over a series of summer stakeholder meetings held in conjunction with the Data Access Working Group. The rules implement SB25 and HB1700, which impose data sharing obligations on electric and natural gas utilities with more than 100,000 Illinois customers. These include providing customers with requested usage data on a monthly schedule, providing data to any customer-authorized entity, and establishing a data request tool or process, which the draft rules flesh out as providing a secure and convenient online portal for data requests and deliveries.

Maryland utilities file 2027-2029 EmPOWER Maryland program plans. The Maryland utilities’ EmPOWER Maryland program covers energy efficiency, conservation, and demand response programs. The utilities’ 2027-2029 plans, filed on September 1, calculated greenhouse gas emission reduction goals and EmPOWER surcharges under two methodologies. The utilities favored the methodology employing an weighted average estimated useful life factor of seven years, resulting in lower goals and surcharges.  

Commission Comings-and-Goings: On September 15, the Ontario Energy Board announced the appointment of new commissioners Brian Rivard, an energy economist who helped develop market-based approaches at IESO, and Nalin Sahni, who has experience at the Ministry of the Environment and Brookings Institute.

In Brief: the PUC of Ohio established September 10 as the effective date for the new rules at OAC 4901:1-44, governing utilities’ percentage of income payment plan (PIPP) riders. Implementing changes enacted under HB 96, the new framework replaces the universal service fund rider with a PIPP rider that will recover utility PIPP program costs and provide funding for low-income assistance programs and related administrative expenses…the Pennsylvania PUC released an report produced by consultant Synapse Energy Economics “warning that rapidly growing electricity demand – driven largely by data center development – could create serious reliability risks across Pennsylvania and the broader region unless electricity supply keeps pace with that growth.”