A.
It is the policy of both the City of Oneida and the State of New
York to seek to reduce the cost of natural gas and electricity to
its residents 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 development
of distributed energy resources as well as to examine the retail energy
markets and increase participation of and benefits for eligible consumers
in those markets. Among the policies and models that may offer benefits
in New York is community choice aggregation (CCA), which allows local
governments to determine the default supplier of electricity and natural
gas on behalf of eligible consumers.
B.
The purpose of this CCA program is to allow participating local governments,
including the City of Oneida, to procure electricity or natural gas
supply service on behalf of their residential and commercial customers
while maintaining transmission and distribution service from the existing
distribution utility. Residential and commercial customers will have
the opportunity to opt out of any approved CCA program. This article
establishes a program that will allow the City of Oneida or its designated
agent or administrator for that purpose, to put out for bid the total
amount of natural gas and/or electricity being purchased by residential
and commercial customers participating in the CCA program. Eligible
consumers will have the 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 City of Oneida is hereby authorized to participate in a community
choice aggregation program pursuant to § 10(1)(ii)(a)(12)
of the New York Municipal Home Rule Law; and State of New York Public
Service Commission Case No. 14-M-0224, Proceeding on Motion of the
Commission to Enable Community Choice Aggregation Programs (issued
April 21, 2016) as may be amended, including subsequent orders of
the Public Service Commission (PSC) issued in connection with or related
to Case No. 14-M-0224, to the extent that orders related to Case No.
14-M-0224 enable actions by the City.
D.
This article shall be known and may be cited as the "Community Choice
Aggregation Program Law" of the City of Oneida.
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:
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 to 24 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 to 24 months
by service class.
Shall refer to the entity selected by the City of Oneida,
as established by resolution of the Common Council, duly authorized
to put out the bid for the total amount of electricity and/or natural
gas being purchased by participating consumers. The CCA Administrator
is responsible for program organization, administration, procurement,
and communications, unless otherwise specified.
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."
A municipal energy procurement program, which replaces the
incumbent utility as the default supplier of energy for all residential
and commercial customers within the City of Oneida who have not opted
out of the CCA program. Notwithstanding the above, the incumbent utility
will continue to distribute energy as the distribution utility to
all residential and commercial customers within the CCA program.
Customer-specific information, personal data and utility
data for all consumers in the City of Oneida eligible for opt-out
treatment based on the terms of the 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.
An agreement between the distribution utility and the City
of Oneida that obligates each party to meet, collectively:
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's or its representative's processing of confidential
utility information;
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's or its representative's processing of confidential
utility information; and
The CCA Order and PSC rules, regulations, and guidelines relating
to confidential data.
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 Oneida that receive
default service, and have not opted out, will be enrolled in the CCA
program.
Local renewable energy projects, shared renewables like community
solar, energy efficiency, demand response, energy management, energy
storage, microgrid projects 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.
The local incumbent utility owning and controlling the means
of distribution of the natural gas or electricity that is regulated
by the PSC.
Eligible consumers 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 CCA program, at one or more locations within the geographic
boundaries of the City of Oneida, 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 Oneida,
as such boundaries exist on the effective date of the Energy Services
Agreement (ESA) between the City of Oneida and the supplier.
Consumers of electricity that become eligible consumers after
the effective date of the ESA between the City of Oneida and the supplier,
including those that opt in or move into the City of Oneida.
Eligible consumers enrolled in the CCA program, either because
they are consumers who receive default service from the distribution
utility as of the effective date of the ESA and have not opted out,
or are new consumers.
New York State Public Service Commission.
An energy service company (ESCO) duly authorized to conduct
business in the State of New York as an ESCO and that produces electric
power and natural gas for eligible consumers in connection with this
article or, alternatively, generators of electricity and natural gas
or other entities who procure and resell electricity or natural gas.
A.
A community choice aggregation program is hereby established by the
City of Oneida, whereby the City of Oneida may implement a CCA program
to the full extent permitted by the CCA Order, and any subsequent
orders, as set forth more fully herein.
B.
The City of Oneida may act as aggregator or broker for the sale of
electric supply, gas supply, or both to eligible consumers and may
enter into contracts with one or more suppliers, through the CCA Administrator,
for energy supply and other services on behalf of eligible consumers.
C.
The CCA Administrator and the City of Oneida may enter into agreements
and contracts with other municipalities to develop offers of opt-in
distributed energy resources (DER) products and services to participating
consumers, including opportunities to participate in local renewable
energy projects, solar, energy efficiency, benchmarking, microgrids,
storage, demand response, energy management, and other innovative
Reforming the Energy Vision (REV) initiatives and objectives designed
to optimize system benefits, target and address load pockets/profile
within the CCA zone, and reduce costs for CCA customers.
D.
Under the CCA program, the operation and ownership of distribution
service shall remain with the distribution utility. The City of Oneida's
procurement of energy supply through a CCA program constitutes neither
the purchase of a public utility system, nor the furnishing of utility
service. The City of Oneida 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
through the CCA Administrator on behalf of participating consumers.
A.
All consumers within the City of Oneida, including residential and
nonresidential, regardless of size, shall be eligible to participate
in the CCA program in accordance with the CCA Order.
B.
All consumers that are members of the eligible service classes listed
by utility in Appendix C of the CCA Order shall be enrolled on an
opt-out basis except for consumers 1) that are already taking service
from an ESCO, 2) that have placed a freeze or block on their account,
or 3) for whom inclusion in the CCA program will interfere with a
choice the consumer has already made to take service pursuant to a
special rate. Those consumers may be enrolled on an opt-in basis.
C.
New consumers shall be enrolled on an opt-out basis. Those consumers
will be mailed an opt-out letter consistent with the requirements
in the CCA Order.
A.
The CCA Administrator, on behalf of the City of Oneida, 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.
B.
The terms of the supplier contracts ("CCA contract") shall comply
with applicable laws and state programs and policies.
An opt-out letter, printed on municipal letterhead and signed
by a City official, shall be mailed by the CCA Administrator to eligible
consumers at least 30 days prior to customer enrollment. The opt-out
letter shall include information on the CCA program and the contract
signed with the selected ESCO including specific details on rates,
services, contract term, cancellation fee, and methods of opting-out
of the CCA program. The letter shall explain that consumers who do
not notify the CCA Administrator and/or ESCO of their intention to
opt-out will be enrolled in ESCO service under the contract terms
and that information on those consumers, including energy usage data
and APP status, will be provided to the ESCO.
Customer service shall be available to participating consumers
to resolve concerns, answer questions, and transact business with
respect to the service received from the supplier. Both the CCA Administrator
and ESCO shall provide consumers with customer service contact information,
including a toll-free telephone number and representatives available
during normal business hours (9:00 a.m. to 5:00 p.m. Eastern Time,
Monday through Friday), to address customer issues.
A.
The CCA Administrator may request the distribution utility's aggregated
customer information on all participating consumers in the City of
Oneida.
B.
Customer-specific data shall be protected in a manner compliant with,
collectively:
(1)
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 that apply with respect to
the City of Oneida or its representative's processing of confidential
utility information;
(2)
The utility's internal requirements and procedures relating to the
protection of information that identifies or can be used to identify
an individual that apply with respect to the City of Oneida or its
representative's processing of confidential utility information; and
(3)
The CCA Order and PSC rules, regulations and guidelines relating
to confidential data.
C.
The City of Oneida shall enter into a "data security agreement" with
the distribution utility for the purpose of protecting customer data.
To cover the cost of the administrative fee assessed to the
City of Oneida by the CCA Administrator, the City of Oneida may collect,
or cause to be collected, funds from customer payments to pay for
such administrative costs associated with running the CCA program.
A.
Annual reports shall be prepared by the CCA Administrator and filed
with the Common Council of the City of Oneida by March 31 of each
year and cover the previous calendar year.
B.
Annual reports shall include, at a minimum: number of consumers served;
number of consumers cancelling during the year; number of complaints
received; commodity prices paid; value-added services provided during
the year (e.g., installation of DER or other clean energy services);
and administrative costs collected. The first report shall also include
the number of consumers who opted-out in response to the initial opt-out
letter or letters.
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 unenforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
