NRG Subsidiary Faces Revived Class Suit Over Electricity Rates

NRG Energy Inc. subsidiary XOOM Energy LLC must face a consumer class action over how it sets energy rates in the New York energy market, the Second Circuit ruled July 26.

The trial court dismissed claims against the electricity supply middleman, finding the customers have no way of determining the company’s supply costs. Rate setting is a purely internal company activity, it said.

But “this conclusion disregarded plausible allegations in the complaint,” Judge Barrington D. Parker wrote for the U.S. Court of Appeals for the Second Circuit.

XOOM supplies residential electricity to thousands of New York households.

Susanna and Boris ...