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 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 months to 24 months by service class.
CCA ADMINISTRATOR
Good Energy, L.P., the entity selected by the Village of
Fayetteville duly authorized to put out the bid for the total amount
of electricity and/or natural gas being purchased by participating
consumers. CCA Administrator is responsible for program organization,
administration, procurement, and communications, unless otherwise
specified.
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."
COMMUNITY CHOICE AGGREGATION PROGRAM OR CCA PROGRAM
A municipal energy procurement program, which replaces the
incumbent utility as the default supplier of energy for all residential
and commercial customers within the Village of Fayetteville 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 DATA
Customer specific information, personal data and utility
data for all consumers in the Village of Fayetteville 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.
DATA SECURITY AGREEMENT
An agreement between the distribution utility and the Village
of Fayetteville that obligates each party to meet, collectively:
A.
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;
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 consumer with respect to the
CCA Administrator's or its representative's processing of
confidential utility information; and
C.
The 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 Village of Fayetteville that
receive default service, and have not opted out, will be enrolled
in the CCA Program.
DISTRIBUTED ENERGY RESOURCES (DER)
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.
DISTRIBUTION UTILITY
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
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 Village of Fayetteville, 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 Village
of Fayetteville as such boundaries exist on the effective date of
the energy services agreement (ESA) between the Village of Fayetteville
and the supplier.
NEW CONSUMERS
Consumers of electricity that become eligible consumers after
the effective date of the ESA between the Village of Fayetteville
and the supplier, including those that opt in or move into the Village
of Fayetteville.
PARTICIPATING CONSUMERS
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.
SUPPLIERS
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
chapter or, alternatively, generators of electricity and natural gas
or other entities who procure and resell electricity or natural gas.
An opt-out letter, printed on municipal letterhead, shall be
mailed 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
that do not 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.
Participating consumers shall be provided customer service 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 Village of Fayetteville 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 unenforcability 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 unenforcability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.