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PSC_Complaint_86.1_4191273304 - 86 Madison Ave, Albany, NY 12202.txt

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NY DEPARTMENT OF PUBLIC SERVICE - COMPLAINT =========================================== Account: 41912-73304 Address: 86 Madison Ave FL 1, Albany, NY 12202 Service Type: Electric & Gas Utility: National Grid (supply by American Power & Gas) CONTACT INFORMATION ------------------- Name: Earl Co Business: ECO Systems LLC Service Address: 86 Madison Ave FL 1, Albany, NY 12202 Mailing Address: 500 Westover Dr. #33191, Sanford, NC 27330 Home Phone: 518-588-4428 Daytime Phone: 518-588-4428 Email: earl

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

Account: 41912-73304
Address: 86 Madison Ave FL 1, Albany, NY 12202
Service Type: Electric & Gas
Utility: National Grid (supply by American Power & Gas)

CONTACT INFORMATION
-------------------
Name: Earl Co
Business: ECO Systems LLC
Service Address: 86 Madison Ave FL 1, Albany, NY 12202
Mailing Address: 500 Westover Dr. #33191, Sanford, NC 27330
Home Phone: 518-588-4428
Daytime Phone: 518-588-4428
Email: earl@earlbnb.com

COMPLAINT
---------
American Power & Gas (APG) enrolled me via phone solicitation on approximately February 11, 2025. APG offered a competitive initial rate that started at $0.091/kWh in April 2025, then escalated to variable rates reaching $0.35/kWh by January 2026 — approximately 3x the National Grid default supply rate.

APG confirmed on June 10, 2026 that no written contract exists — only a verbal recording made during the enrollment call. This violates 16 NYCRR Part 10, which requires ESCOs to provide written disclosure of variable rate terms before or at the time of enrollment. A call recording is not a substitute for written disclosure.

RATE PROGRESSION (Account 41912-73304):
- Apr 2025: $0.091/kWh (teaser rate, below NG default)
- May 2025: $0.173/kWh (immediate 90% increase)
- Jul 2025: $0.233/kWh
- Aug 2025: $0.244/kWh
- Oct 2025: $0.308/kWh
- Nov 2025: $0.335/kWh
- Dec 2025: $0.338/kWh
- Jan 2026: $0.345/kWh (3x NG default of ~$0.12/kWh)

ESTIMATED OVERCHARGE: $8,591 (supply charges exceeding NG default rates)

This is one of 6 accounts affected by the same APG enrollment pattern. Total estimated overcharge across all accounts: $16,586+.

RESOLUTION SOUGHT
-----------------
1. Full refund of supply charges exceeding National Grid default rates on this account (estimated $8,591)
2. Investigation of APG's enrollment practices across all 6 accounts
3. Removal of late fees and budget plan charges resulting from APG overcharges
4. Dispute of current $4,372.43 balance to the extent it includes APG overcharges

RESOLUTION OFFERED BY APG
--------------------------
APG offered a verbal fixed rate of $0.1379/kWh in March 2026. No written contract was provided. APG confirmed no written contract exists — only a verbal recording. This does not constitute valid disclosure under NY ESCO reform requirements.

DISPUTED AMOUNT: $8,591

SUPPLEMENTAL: This complaint is being filed alongside 5 other complaints for accounts at the same properties, all enrolled by APG through the same solicitation pattern. A consolidated complaint is also being filed with the NY Attorney General.

Accounts affected:
- 41912-73304 (86 Madison FL 1) — $8,591 overcharge
- 2671274125 (84 Madison FL 1) — $941 overcharge
- 2651274236 (84 Madison FL 2) — $4,619 overcharge
- 4251273206 (88 Madison FL 1) — $1,026 overcharge
- 5771273258 (88 Madison FL 2) — $1,322 overcharge
- 5783640189 (724 3rd Ave FL 1, Watervliet) — $87 overcharge