For purposes of this chapter, and unless otherwise expressly
stated or unless the context otherwise requires, the terms in this
chapter 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:
AGGREGATED DATA
Aggregated and anonymized information including the number
of consumers by service class, the aggregated peak demand (kW) for
electricity by month for the past 12 months, by service class to the
extent possible, and the aggregated energy (kWh) for electricity or
volumetric consumption for gas by month for the past 12 months by
service class.
CCA ADMINISTRATOR
The City Council of the City of Kingston, New York, or a
third party selected by the City which shall be duly authorized to
put out for bid the total amount of electricity being purchased by
participating consumers and the distributed energy resources that
will be incorporated into the CCA program. The CCA Administrator shall
be responsible for CCA program organization, public outreach, administration,
procurement and communications, unless otherwise specified.
CUSTOMER SPECIFIC DATA
Customer specific information, personal data and utility
data for all consumers in the municipality eligible for opt-out treatment
based on the terms of PSC CCA Order and the CCA program design including
the customer of record's name, mailing address, telephone number,
account number, and primary language, if available, and any customer-specific
alternate billing name, address, and phone number.
DATA SECURITY AGREEMENT
An agreement between the distribution utility and the City
of Kingston that obligates each party to meet, collectively, (i) all
national, state and local laws, regulations or other government standards
relating to the protection of information that identifies or can be
used to identify an individual eligible consumer with respect to the
CCA Administrator or its representative's processing of confidential
utility information; (ii) the distribution utility's internal
requirements and procedures relating to the protection of information
that identifies or can be used to identify individual eligible consumer
with respect to the CCA Administrator or its representative's
processing of confidential utility information; and (iii) the PSC
CCA Order and PSC rules, regulations and guidelines relating to confidential
data.
DEFAULT SERVICE
Supply service provided by the distribution utility to consumers
who are not currently receiving service from an energy service company
(ESCO). Eligible consumers within the City of Kingston that receive
default service, and have not opted out, will be enrolled in the program
as of the effective date.
DISTRIBUTED ENERGY RESOURCES (DER)
Local renewable energy projects and energy efficiency measures,
shared renewables like community solar and neighborhood energy cooperatives,
renewable heat and hot water systems, energy management, energy storage,
microgrid projects, geothermal heat loop projects, electric vehicles,
local renewable hydrogen fuel cells, and other innovative Reforming
the Energy Vision (REV) initiatives that optimize system benefits,
target and address load pockets/profile within the CCA's zone,
and reduce cost of service for participating consumers.
ELIGIBLE CONSUMERS
Eligible customers of electricity and/or natural gas who
receive default service from the distribution utility as of the effective
date, or new consumers that subsequently become eligible to participate
in the program, at one or more locations within the geographic boundaries
of the City of Kingston, except those consumers who receive default
service and have requested not to have their account information shared
by the distribution utility. For the avoidance of doubt, all eligible
consumers must reside or be otherwise located at one or more locations
within the geographic boundaries of the City of Kingston, as such
boundaries exist on the effective date of the ESA.
NEW CONSUMERS
Consumers of electricity that become eligible consumers after
the effective date of the ESA, including those that opt in or move
into the City of Kingston.
PARTICIPATING CONSUMERS
Eligible consumers enrolled in the program, either because
they are consumers who receive default service from the Distribution
Utility as of the effective date and have not opted out, or are new
consumers.
PROGRAM ORGANIZER
The group responsible for initiating and organizing the CCA.
This group will typically secure buy-in from local governments and
engage in preliminary outreach and education around CCA. The program
organizer may be a nonprofit organization, local government, or other
third party. The program organizer and the CCA Administrator may be
the same.
PSC CCA ORDER
The PSC's Order Authorizing Framework for Community
Choice Aggregation Opt-Out Program, issued on April 21, 2016 in Case
14-M-0224, "Proceeding on Motion of the Commission to Enable Community
Choice Aggregation Programs."
SUPPLIERS
(1) ESCOs that procure electric power and natural gas for
eligible consumers in connection with this chapter, (2) developers
of distributed energy resources, or other entities who procure and
resell electricity or natural gas.
Participating consumers shall be provided customer service by
the CCA Administrator, including a toll-free telephone number available
during normal business hours (9:00 a.m. to 5:00 p.m. Eastern Time,
Monday through Friday) to resolve concerns, answer questions, and
transact business with respect to the service received from the supplier.
The City of Kingston may collect, or cause to be collected,
funds from customer payments to pay for administrative costs associated
with running the CCA program.
This chapter shall be effective immediately upon passage.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.