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, but limited
to, the number of consumers by service and rate class, the aggregated
peak demand (kW) (for electricity) by month for the past 12 months
by service and rate class, and the aggregated energy (kWh) for electricity
or volumetric consumption for gas by month for the past 12 months
by service and rate class.
CCA ADMINISTRATOR
Duly authorized to request aggregated and customer-specific
data, competitively solicit suppliers for the aggregated demand for
electricity and/or natural gas on behalf of default consumers, and
to offer participating consumers additional opportunities to participate
or enroll in programs or projects related to distributed energy resources.
The CCA Administrator is responsible for program organization, administration,
procurement, communications; and for meeting all requirements for
program implementation specified in the PSC CCA Order, unless otherwise
specified.
CUSTOMER-SPECIFIC DATA
Customer-specific information, personal data and utility
data for all default consumers 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.
DEFAULT CONSUMERS
Customers of electricity and/or natural gas within opt-out
eligible service classes (as delineated in the PSC CCA order) who
receive supply service from the distribution utility as of the date
the supply contract going into effect, or consumers within these service
classes that subsequently become eligible to participate in the program
including those that have terminated a supply contract with an ESCO,
removed a freeze or block on their account, have voluntarily suspended
service pursuant to a special rate, or are new residents of the Village
of Nyack. Consumers within opt-out eligible service classes, as of
the date the supply contract goes into effect, taking service from
an ESCO, those that have placed a freeze or block on their account,
and those for whom enrollment in the CCA program would interfere with
a choice they have already made to take service pursuant to a special
rate are not considered default customers and will not be enrolled
on an opt-out basis. For the avoidance of doubt, all default consumers
must reside or be otherwise located at one or more locations within
the geographic boundaries of the Village of Nyack, as such boundaries
exist as of the date the supply contract goes into effect.
DISTRIBUTED ENERGY RESOURCES (DER)
Local renewable energy projects, community distributed generation
(e.g., shared solar), peak demand management, energy efficiency, demand
response, energy storage, community resilience microgrid projects,
and other innovative Reforming the Energy Vision (REV) initiatives
that further engage and/or reduce cost of service for participating
consumers, optimize system benefits, and/or address infrastructure
and demand challenges within geography of the CCA.
DISTRIBUTION UTILITY
Owner or controller of the means of distribution of the natural
gas or electricity in the Village of Nyack. The distribution utility
also serves as the default supplier of electricity and natural gas
preceding the establishment of a CCA program.
PARTICIPATING CONSUMERS
Default consumers who have not opted out, and non-default
consumers of any service class that have voluntarily enrolled in the
Program.
PSC 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."
SUPPLIER
An ESCO that procures electric power and natural gas for
participating 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.
The Village of Nyack or CCA Administrator 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 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 enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.