[HISTORY: Adopted by the Town Board of the Town of Southampton 2-26-2019 by L.L. No. 5-2019. Amendments noted where applicable.]
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 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.
The individual duly authorized by Town Board resolution to
put out for bid 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.
Customer-specific information, personal data and utility
data for all consumers in the municipality eligible for opt-out treatment
based on the terms of Public Service Commission (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.
An agreement between the distribution utility and the municipality
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.
The 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 municipality that receive
default service, and have not opted out, will be enrolled in the program
as of the effective date.
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.
Owner or controller of the means of distribution of the natural
gas or electricity that is regulated by the Public Service Commission.
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 Town, 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 municipality, as such boundaries
exist on the effective date of the ESA.
An entity duly authorized to conduct business in the State
of New York as an ESCO.
The Town of Southampton.
Consumers of electricity that become eligible consumers after
the effective date of the ESA, including those that opt in or move
into the municipality.
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.
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.
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."
The New York State Public Service Commission.
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.
A.
A Community Choice Aggregation (Energy) Program is hereby established
by the municipality, whereby the municipality may implement a CCA
Program to the full extent permitted by the PSC CCA Order, as set
forth more fully herein.
B.
The municipality may act as the 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 for energy supply
and other services on behalf of eligible consumers.
C.
The municipality may enter into agreements and contracts with other
municipalities, nonprofits, consultants, and/or other third parties
to: (i) develop and implement the CCA Program, (ii) act as CCA Administrator,
and/or (iii) develop offers of opt-in distributed energy resources
(DER) products and services to participating consumers, including
opportunities to participate in local renewable energy projects, shared
solar, energy efficiency, 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.
The operation and ownership of the utility service shall remain with
the distribution utility. The municipality's participation in
a CCA Program constitutes neither the purchase of a public utility
system, nor the furnishing of utility service. The municipality shall
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 consumers.
A.
All consumers within the municipality, including residential and
nonresidential, regardless of size, shall be eligible to participate
in the CCA Program.
B.
All consumers that are members of classes identified by the utility
as inclusive of residential and nonresidential service shall be enrolled
on an opt-out basis except for consumers: (i) that are already taking
service from an ESCO, (ii) that have placed a freeze or block on their
account, or (iii) for whom inclusion in the CCA Program will interfere
with a choice the customer 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.
A.
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 for
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.
B.
All consumers shall have the option to opt out of the CCA Program
at any time without penalty.
C.
Termination fees shall not be charged to consumers that cancel their
CCA service as a result of moving out of the premises served.
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.
A.
The municipality may request aggregated data and customer-specific
data from the distribution utility; provided, however, that the request
for customer-specific data is limited to only those eligible consumers
who did not opt out once the initial opt-out period has closed.
B.
Customer-specific data shall be protected in a manner compliant with,
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 that apply
with respect to the municipality or its representative's processing
of confidential utility information; (ii) 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 municipality 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.
C.
The municipality must enter into a data security agreement with the
distribution utility for the purpose of protecting customer data.
A.
A CCA Advisory Group is hereby established to develop and review
CCA-related proposals, act as the municipality's agent in recommending
an award of said proposals, and forward information regarding such
awards to the Southampton Town Board for consideration and potential
ratification.
B.
Membership to the CCA Advisory Group shall include the Town Comptroller,
the Town Attorney, the Town Planning and Development Administrator,
and the Director of Municipal Works, or the designee of each.
The municipality may collect, or cause to be collected, funds
from customer payments to pay for administrative costs associated
with running the CCA Program.
A.
Annual reports shall be filed with the Southampton Town Clerk 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.
C.
If a CCA supply contract will expire less than one year following
the filing of the annual report, the report must identify current
plans for soliciting a new contract, negotiating an extension, or
ending the CCA program.
