[HISTORY: Adopted by the Board of Trustees
of the Village of Irvington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-10-2015 by L.L. No. 9-2015]
A.
It is the
policy of both the Village of Irvington and the State of New York
to reduce costs and provide cost certainty for the purpose of economic
development; to promote deeper penetration of energy efficiency and
renewable energy resources, such as wind and solar; and wider deployment
of distributed energy resources; as well as to examine the retail
energy markets and increase participation of and benefits for residential
and small commercial customers in those markets. Among the policies
and models that may offer benefits in New York is community choice
aggregation, which allows local governments to determine the default
supplier of electricity and natural gas on behalf of its residential
and small commercial customers.
B.
The purpose
of this Community Choice Aggregation (CCA) Energy Program is to allow
participating governments, including the Village of Irvington, to
procure energy supply service for their residential and small commercial
customers, who will have the opportunity to opt out of the procurement,
while maintaining transmission and distribution service from the existing
distribution utility. This article establishes a program that will
allow the Village of Irvington to put out for bid the total amount
of natural gas and/or electricity being purchased by local residential
and small commercial customers. These customers will have to opportunity
to have more control to lower their overall energy costs, to spur
clean energy innovation and investment, to improve customer choice
and value, and to protect the environment, thereby fulfilling the
purposes of this article and fulfilling an important public purpose.
C.
The Village
of Irvington is authorized to implement this Community Choice Aggregation
(Energy) Program pursuant to § 10(1)(ii)(a)(12) of the New
York Municipal Home Rule Law, and State of New York Public Service
Commission Orders in Cases 14-M-0564 and 14-M-0224 ("PSC Order").
For purposes of this article, and unless otherwise expressly
stated or unless the context otherwise requires, the terms in this
article shall have the meanings employed in the State of New York
Public Service Commission's Uniform Business Practices or, if not
so defined there, as indicated below:
Residential and small commercial customers of electricity
or natural gas ("fuels") who are purchasing the fuels from the distribution
utility.
A municipal energy procurement program, which replaces the
incumbent utility as the default supplier for all bundled customers
within the Village of Irvington.
Owner or controller of the means of distribution of the natural
gas or electricity that is regulated by the Public Service Commission.
Order of the State of New York Public Service Commission
(PSC) in Case 14-M-0564, Petition of Sustainable Westchester for Expedited
Approval for the Implementation of a Pilot Community Choice Aggregation
Program within the County of Westchester, Order Granting Petition
in Part (issued February 26, 2015), as may be amended, including subsequent
orders of the PSC issued in connection with or related to Case 14-M-0564.
"PSC order" shall also mean orders of the PSC related to Case 14-M-0224,
Proceeding on Motion of the Commission to Enable Community Choice
Aggregation Programs (issued December 15, 2014), to the extent that
orders related to Case 14-M-0224 enable actions by the Village of
Irvington not otherwise permitted pursuant to orders related to Case
14-M-0564; provided, however, that in the event of any conflict between
orders from Case 14-M-0564 and orders from Case 14-M-0224, orders
from Case 14-M-0564 shall govern the CCA Program.
New York State Public Service Commission.
Nonresidential customers as permitted by the PSC order.
Energy service companies (ESCOs) that procure electric power
and natural gas for bundled customers in connection with this article
or, alternatively, generators of electricity and natural gas or other
entities that procure and resell electricity or natural gas.
A not-for-profit organization comprised of member municipalities
in Westchester County, New York.
A.
A Community
Choice Aggregation (Energy) (CCA) Program is hereby established by
the Village of Irvington, whereby the Village of Irvington shall work
together with Sustainable Westchester to implement the CCA Program
to the full extent permitted by the PSC order. The Village of Irvington's
role under the CCA Program involves the aggregating of the electric
and/or natural gas supply of its residents and the entering into a
contract with one or more suppliers. Under the CCA Program, the operation
and ownership of the utility service shall remain with the distribution
utility.
B.
The Village
of Irvington's purchase of energy supply through a CCA Program constitutes
neither the purchase of a public utility system nor the furnishing
of utility service. The Village of Irvington will not take over any
part of the electric or gas transmission or distribution system and
will not furnish any type of utility service, but will instead negotiate
with suppliers on behalf of participating residential and small commercial
customers.
C.
In order
to implement the CCA Program, the Village of Irvington will adopt
one or more resolutions that outline the process of, and conditions
for, participation in the CCA Program, including but not limited to
signing a contract for a compliant bid with one or more suppliers,
all consistent with this article and PSC order.
A.
As permitted
by the PSC order, the Village of Irvington may request from the distribution
utilities aggregated customer information by fuel type and service
classification on a rolling basis.
B.
Sustainable
Westchester, on behalf of the Village of Irvington, shall issue one
or more requests for proposals to suppliers to provide energy to participants
and may then award a contract in accordance with the CCA Program.
C.
Sustainable
Westchester or the Village of Irvington, if the Village so chooses,
will then request individual customer data from the distribution utility
in accordance with the CCA Program.
D.
Sustainable
Westchester or the Village of Irvington, if the Village so chooses,
and the selected supplier will then notify bundled customers of the
contract terms and their opportunity to opt out of the CCA Program.
E.
In accordance
with and for purposes of the PSC Order, the existing distribution
utility will provide to Sustainable Westchester aggregate and customer-specific
data (including usage data, capacity tag obligations, account numbers,
and service addresses) of all bundled customers in the Village of
Irvington not currently enrolled with an ESCO.
A.
The Village
of Irvington, or in conjunction with the chosen supplier, will notify
its bundled customers, by letter notice, of the Village of Irvington's
decision to establish the CCA Program, of the contract terms with
the chosen supplier, and of the opportunity to opt out of the CCA
Program. The Village may also notify residents currently enrolled
with an ESCO of the CCA Program, the contract terms, and their opportunity
to participate in the CCA program.
B.
The letter
notice will be sent to each customer at the address provided by the
distribution utility and will explain the CCA Program and the material
provisions of the contract with the chosen supplier, identify the
methods by which the customer can opt out of the CCA Program, and
provide information on how the customer can access additional information
about the CCA Program.
C.
The opt-out
period shall be 20 days.
D.
CCA Program
bundled customers, upon enrollment, will receive a welcome letter
that will explain the customers' options for canceling the enrollment
if they believe they were enrolled incorrectly or otherwise decide
to withdraw from the CCA Program in favor of another supplier. The
welcome letter also will explain that residential customers are entitled
to the added protection of the mandated three-day rescission period
as detailed in Section 5(B)(3) of the Uniform Business Practices.
