Sustainable Westchester Blames Regulations for Power Program Shutdown, Drawing PSC Ire

Written By: Robert Cox

ALBANY, NY (November 10, 2025) — Sustainable Westchester announced late last week the discontinuation of its Westchester Power Community Choice Aggregation program, citing recent state regulatory requirements as a key factor, a move that prompted sharp rebuke from the New York Public Service Commission for failing to meet long-established standards.

In an email to chief elected officials, chief administrative officials and program liaisons last Friday, Sustainable Westchester Executive Director Noam Bramson wrote that “recent outreach and education requirements mandated by the State Public Service Commission – while grounded in important goals of transparency, consumer protection, and affordability that we fully share – have, in practice, presented significant implementation challenges for community energy programs like ours.”

Bramson added that although “our outreach and education activities in recent months have been, by far, the most extensive and robust in the program’s history, we are unable to obtain State authorization to launch the new contract on schedule.”

He noted the challenges extend beyond Sustainable Westchester, stating “New York’s other Community Choice Aggregation (CCA) administrators have wrestled with similar implementation obstacles,” with one administrator already winding down operations in the state and another scaling back. Bramson also referenced impacts on energy suppliers like Constellation, which provides renewable electricity for the program.

The decision comes as current contracts expire at the end of November, with enrolled residents and small businesses set to revert to default suppliers Con Edison or NYSEG. Bramson described the news as “deeply disappointing” and a “setback in advancing clean energy goals,” while highlighting the program’s decade-long achievements in reducing greenhouse gas emissions and enabling access to clean energy for tens of thousands of consumers.

PSC Rejects Bramson Assertions

In response, the PSC issued a statement Monday rejecting the notion of new burdensome rules, asserting “there were no new rules adopted in 2025 that impacted Community Choice Aggregation (CCA) programs. The Commission adopted enhancements to the CCA program’s outreach and education programs in November 2024.”

The regulator pointed to deficiencies in Sustainable Westchester’s recent municipal filings for contract renewals, which “contained numerous deficiencies to the core outreach and education requirements, many of which have been in place for several years before the November 2024 action.”

SEE: Westchester Power Customers Fed Misinformation, Denied Opt-Out Rights in Ethics and Regulatory Collapse

“Sustainable Westchester failed to meet basic outreach and education standards that are in place to protect ratepayers, including providing program participants with the correct price comparison information for how their bills would be increasing compared to the default utility,” the PSC said. “Sustainable Westchester made the decision to terminate its CCA program on its own following the rejection of its deficient municipal filings.”

CCA programs function as opt-out models, where the PSC stressed that “outreach and education is the most crucial step to a successful CCA program. Failure to observe even the minimum outreach requirements imposed by the Commission results in an inadequately informed customer base.”

The PSC highlighted the economic context, noting “at a time when New York consumers are facing increasing prices for the majority of commodities, it is more important than ever that CCA administrators are completing the minimum outreach and education requirements before being allowed to opt-out enroll eligible customers in a program that will increase their energy utility bills.”

Under the November 2024 order, enhancements include steps to “increase community awareness and community engagement, lengthen the outreach and education period, increasing the minimum number of outreach and education actions necessary, clarifying the rules around the exchange of CCA-related data, and ensure municipalities acknowledge their legal and program requirements.”

Statewide, 35 municipalities currently participate in CCA programs, noted DPS Spokesperson James Denn.

Bramson outlined next steps for municipalities, including signing a termination letter from Constellation via e-sign or mail, with no liability attached. Constellation will notify customers by mail, and Sustainable Westchester provided an optional suggested message for voluntary municipal communications.

Bramson committed to follow-up calls with chief elected officials and emphasized the organization’s broader offerings, such as GridRewards, Solarize, EnergySmart Homes, Clean Energy Accelerator, MOVE and Municipal Thermal Energy Networks, as a “renewed invitation” for collaboration on climate goals.

In letters dated August through October 2025, DPS rejected filings for at least 29 municipalities, citing deficiencies including low-resolution images, incorrect pricing data, missing recordings of outreach sessions, deviations from required opt-out letter templates and incomplete program websites.

More information, including copies of municipal filing rejection letters, is available in PSC Case 14-M-0224.

This article was drafted with the aid of Grok, an AI tool by xAI, under the direction and editing of Robert Cox to ensure accuracy and adherence to journalistic standards.

FULL PSC STATEMENT

There were no new rules adopted in 2025 that impacted Community Choice Aggregation (CCA) programs. The Commission adopted enhancements to the CCA program’s outreach and education programs in November 2024.

Sustainable Westchester submitted municipal filings in recent months for approval to renew its contracts for the Westchester Power CCA program that contained numerous deficiencies to the core outreach and education requirements, many of which have been in place for several years before the November 2024 action.

Sustainable Westchester failed to meet basic outreach and education standards that are in place to protect ratepayers, including providing program participants with the correct price comparison information for how their bills would be increasing compared to the default utility. Sustainable Westchester made the decision to terminate its CCA program on its own following the rejection of its deficient municipal filings.

CCA programs are an opt-out program and outreach and education is the most crucial step to a successful CCA program. Failure to observe even the minimum outreach requirements imposed by the Commission results in an inadequately informed customer base. At a time when New York consumers are facing increasing prices for the majority of commodities, it is more important than ever that CCA administrators are completing the minimum outreach and education requirements before being allowed to opt-out enroll eligible customers in a program that will increase their energy utility bills. 

The Commission’s November 2024 order adopted enhancements to increase community awareness and community engagement, lengthen the outreach and education period, increasing the minimum number of outreach and education actions necessary, clarifying the rules around the exchange of CCA-related data, and ensure municipalities acknowledge their legal and program requirements.

There are currently have 35 municipalities participating in the CCA program.

More information, including copies of municipal filing rejection letters, can be found in PSC Case 14-M-0224 available here: https://documents.dps.ny.gov/public/MatterManagement/CaseMaster.aspx?MatterCaseNo=14-M-0224.

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