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PSC_Complaint_86-1_41912-73304 - 86 Madison Ave, Albany, NY 12202.txt

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NY DEPARTMENT OF PUBLIC SERVICE COMPLAINT ========================================= FILING METHOD: Online at https://www3.dps.ny.gov/ocs/itxgate.nsf/wdps_complaint.xsp CONTACT INFORMATION ------------------- Salutation: Mr. First Name: Earl Last Name: Co Business Name: ECO Systems LLC Street: 86 Madison Ave FL 1 City: Albany State: New York Zip: 12202 Mailing Address: 500 Westover Dr. #33191, Sanford, NC 27330 Home Telephone: 518-588-4428 Daytime Telephone: 518-588-4428 Email: earl@earlbnb.com C

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NY DEPARTMENT OF PUBLIC SERVICE COMPLAINT
=========================================

FILING METHOD: Online at https://www3.dps.ny.gov/ocs/itxgate.nsf/wdps_complaint.xsp

CONTACT INFORMATION
-------------------
Salutation: Mr.
First Name: Earl
Last Name: Co
Business Name: ECO Systems LLC
Street: 86 Madison Ave FL 1
City: Albany
State: New York
Zip: 12202
Mailing Address: 500 Westover Dr. #33191, Sanford, NC 27330
Home Telephone: 518-588-4428
Daytime Telephone: 518-588-4428
Email: earl@earlbnb.com

COMPLAINT DETAILS
-----------------
Service Type: Electric
Utility: Other (National Grid delivery / American Power & Gas supply)
Bills you? Yes
Account Number: 41912-73304
Home or Business: Home
Contacted DPS before? No

PROBLEM:
American Power & Gas (APG) enrolled me via phone solicitation on approximately February 11, 2025. The representative quoted a competitive initial rate (~$0.09/kWh in April 2025) but failed to disclose that the rate was variable and could increase without notice. The supply rate spiked from $0.09/kWh to $0.35/kWh by January 2026 — nearly 3x the National Grid default supply rate. APG confirmed on June 10, 2026 that no written contract exists, only a verbal recording. This violates 16 NYCRR Part 10, which requires ESCOs to provide written disclosure of variable rate terms before or at enrollment. Estimated supply overcharge on this account: $8,591.

RESOLUTION SOUGHT:
Full refund of supply charges exceeding National Grid default rates. Investigation of APG enrollment practices across 6 residential accounts. Estimated overcharge on this account: $8,591.

RESOLUTION APG OFFERED:
APG offered a verbal fixed rate of $0.1379/kWh in March 2026. No written contract provided. APG confirmed no written contract exists. Current account balance of $4,372.43 includes APG overcharges, budget plan true-up, and late fees from unpaid balances caused by the variable rate spike.

DISPUTED AMOUNT: $8,591
DISPUTED AMOUNT EXPLANATION: APG variable rate overcharge vs NG default