As used in this chapter, the following terms shall have the
meanings indicated:
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 Town Board of the Town of Marlborough, New York, or a
third party selected by the Town Board which shall be duly authorized
to put out for bid the total amount of electricity and/or natural
gas 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,
administration, procurement, and communications, unless otherwise
specified.
CCA EFFECTIVE DATE
The date on which the CCA program becomes effective within
the municipality, following implementation of all actions required
of the municipality and/or CCA Administrator to enroll participating
customers in the CCA program, said actions to be set forth in more
detail within a PSC order approving the Community Choice Aggregation
Implementation Plan described herein.
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 the PSC ruling in Case No. 14-M-0224 or 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 Town
of Marlborough which obligates each party to satisfy, collectively:
A.
All federal, 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;
B.
The distribution utility's internal requirements and procedures
relating to the protection of information that identifies or can be
used to identify individual eligible consumers with respect to the
CCA Administrator's or its representative's processing of
confidential utility information; and
C.
The PSC ruling in Case No. 14-M-0224 or the PSC's other
orders, 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 Town of Marlborough that receive
default service, and have not opted out, will be enrolled in the CCA
program as of the effective date of said program.
DISTRIBUTED ENERGY RESOURCES (DER)
Local renewable energy projects, shared renewables such as
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/profiles 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 of a CCA program, or new consumers that subsequently become eligible
to participate in the program, at one or more locations within the
geographic boundaries of the Town of Marlborough, 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 Town
of Marlborough.
ESA or ENERGY SERVICES AGREEMENT
An agreement entered into by and between the municipality,
the CCA Administrator and a supplier concerning procurement of electricity
and/or natural gas supply or electricity and/or distribution utility
bill credits generated by a DER on behalf of the participating customers,
upon terms and conditions that are mutually agreeable to the municipality,
the CCA Administrator and the supplier; provided, however, that if
the CCA Administrator is a third party, it shall sign each ESA solely
for the purpose of furthering its administrative obligations under
the CCA program and shall not have any financial liability under any
ESA.
NEW CONSUMERS
Consumers of electricity that become eligible consumers after
the effective date of any ESA, including those that opt in or move
into the municipality.
PARTICIPATING CONSUMERS
Eligible consumers enrolled in the program, either because
they are consumers who receive default service from the distribution
utility as of the CCA effective date and who have not opted out or
who are new consumers.
PROGRAM ORGANIZER
The group or entity responsible for initiating and organizing
the CCA program. The program organizer will typically secure buy-in
from local governments and engage in preliminary outreach and education
around CCA. The program organizer may be a local government, nonprofit
organization 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
No. 14-M-0224, "Proceeding on Motion of the Commission to Enable Community
Choice Aggregation Programs."
SUPPLIERS
ESCOs that procure electric power and natural gas for eligible
consumers in connection with this chapter or, alternatively, generators
of electricity and natural gas or other entities who procure and resell
electricity or natural gas.
Participating consumers shall be provided customer service,
including a toll-free telephone number available during normal business
hours (9:00 a.m. through 5:00 p.m. Eastern time, Monday through Friday)
to resolve concerns, answer questions, and transact business with
respect to the CCA program.
The municipality may collect, or cause to be collected, funds
from customer payments to pay for administrative costs associated
with running the CCA program.