[HISTORY: Adopted by the Board of Trustees
of the Village of Pulaski 1-14-2019 by L.L. No. 1-2019. Amendments noted where applicable.]
A.
It is the purpose of this chapter to seek to reduce the cost of natural
gas and electricity to residents.
B.
The purpose of this CCA Program, as described to the Village of Pulaski
by the administrator, is to allow participating local governments,
including the Village of Pulaski, to procure energy supply service
for their residential and commercial customers, who will have the
opportunity to opt out of the procurement, while maintaining transmission
and distribution service from the existing distribution utility. This
chapter establishes a program that will allow the Village of Pulaski,
or its designated agent for that purpose, to put out for bid the total
amount of natural gas and/or electricity being purchased by its residential
and commercial customers. Bundled customers will have the opportunity
to have more negotiating strength and consequential potential to lower
their overall energy costs, and to improve customer choice and value,
by providing an additional alternative source for electricity and
natural gas; thereby fulfilling the purposes of this chapter and fulfilling
an important public purpose.
C.
The Village of Pulaski is hereby authorized to participate in a Community
Choice Aggregation (Energy) Program pursuant to § 10, Subsection
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, Order Authorizing Framework for Community Choice Aggregation
Opt-Out Program (issued April 20, 2016), including subsequent orders
of the Public Service Commission issued in connection with or related
to Case No. 14-M-0224 (collectively, the "order").
D.
This chapter shall be known and may be cited as the "Community Choice
Aggregation (Energy) Program Law" of the Village of Pulaski.
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:
Good Energy, LP.
Residential and commercial customers of electricity or natural
gas ("fuels") who are purchasing the fuels from the distribution utility.
Nonresidential customers as permitted in the order.
A municipal energy procurement program which replaces the
incumbent utility as the default supplier for all bundled customers
within the Village of Pulaski.
Owner or controller of the means of distribution of the natural
gas or electricity that is regulated by the Public Service Commission.
New York State Public Service Commission.
Energy service companies (ESCOs) that produce electric power
and natural gas for bundled customers 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 Village of Pulaski, whereby the Village of Pulaski shall cooperate
with the administrator by participating in the CCA Program to the
full extent permitted by the order, as set forth more fully herein.
The Village of Pulaski's role under the CCA Program involves
the aggregating of the electric and/or natural gas supply for its
residents, and the entering into a contract with one or more suppliers,
through the administrator, for the procurement of electricity and/or
natural gas supply for its residential and commercial customers. Under
the CCA Program, the operation and ownership of the utility service
shall remain with the distribution utility.
B.
The Village of Pulaski'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 Village of Pulaski
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 administrator
on behalf of participating residential and commercial customers.
C.
In order to implement the CCA Program, the Village of Pulaski shall
adopt one or more resolutions that outline the process of and conditions
for participation in the CCA Program, as consistent with this chapter
and the order. The Village shall adopt the following policies and
agreements consistent with the order: an implementation plan; a data
protection plan; a data security agreement; and a certification of
local authority (collectively, the "policies"). The policies shall
be adopted, submitted, amended, supplemented and filed in accordance
with the order.
D.
The Public Service Commission supervises retail markets and participates
in these markets through legislative and regulatory authority and
the Uniform Business Practices, which includes rules relating to the
eligibility of participating ESCOs, the operation by which ESCOs provide
energy services, and the terms on which customers may be enrolled
with ESCOs.
A.
The administrator, on behalf of the Village of Pulaski, 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 the order.
A.
The administrator shall provide information and education to potential
CCA customers over no less than a two-month period.
C.
The opt-out letter shall comport with the requirements set forth
in the order.
D.
The initial opt-out period shall be 30 days after notification is
sent to the customer.
A.
The administrator may request the distribution utility's aggregated
customer information on all bundled customers in the Village of Pulaski,
provided the Public Service Commission has approved the policies.
B.
Provided the administrator has complied with the requirements of Subsection A, the distribution utility shall transfer the aggregated customer and usage data within 20 days of a request from the administrator in accordance with the order.
C.
Customer-specific information may be requested for all eligible customers
once the administrator demonstrates that the requisite contracts with
ESCOs have been entered into and executed. Detailed customer information
may be requested for eligible customers who did not opt out once the
initial opt-out period has closed.
D.
After the administrator has entered into a CCA contract with an ESCO,
the distribution utility shall transfer customer-specific data to
the administrator within five days of a request in accordance with
the order.
E.
The administrator, the contracted supplier, and the Village of Pulaski
will protect customer information as required by law, subject to the
order and the limitations of the New York State Freedom of Information
Law.