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 herein:
AGGREGATED DATA
Aggregated and anonymized information relating to electricity
and/or gas consumption, including, but not 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
The Village of South Nyack or third-party CCA Administrator
duly authorized to administer the CCA program, including without limitation to
request aggregated data and customer specific data; to competitively
solicit suppliers for the aggregated demand for electricity and/or
natural gas on behalf of default consumers; and to offer participating
customers additional opportunities to participate or enroll in programs
or projects related to DER. The CCA Administrator shall be 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 default customers, including 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 CUSTOMER
A consumer of electricity and/or natural gas services within
opt-out eligible service classes (as delineated in the PSC CCA Order)
who receives supply service from the distribution utility as of the
date that the supply contract goes into effect, or a consumer within
these service classes who subsequently becomes eligible to become
a participating customer in the CCA program, including a consumer
who has terminated a supply contract with an ESCO; a consumer who
has removed a freeze or block on the consumer's account; a consumer
who has voluntarily suspended service pursuant to a special rate;
or a consumer who becomes a new resident of the municipality after
the supply contract goes into effect. None of the following are considered
a default customer and will not be enrolled on an opt-out basis: a
consumer within opt-out eligible service classes who receives supply
service from an ESCO as of the date that the supply contract goes
into effect; a consumer who has placed a freeze or block on the consumer's
account; and a consumer for whom enrollment in the CCA program would
interfere with a choice the consumer had already made to take service
pursuant to a special rate. For the avoidance of doubt, a default
customer must reside or be otherwise located at one or more locations
within the geographic boundaries of the municipality, as such boundaries
exist as of the date the supply contract goes into effect.
DISTRIBUTED ENERGY RESOURCES or DER
Local renewable energy projects, community-distributed generation
(e.g., shared solar), peak demand management, energy efficiency, demand
response, energy storage, community resilience micro-grid projects,
and other innovative Reforming the Energy Vision ("REV") initiatives
of the State of New York that further engage and/or reduce cost of
service for participating customers, optimize system benefits, and/or
address infrastructure and demand challenges within the geography
of the CCA program.
DISTRIBUTION UTILITY
The owner or controller of the means of distribution of the
natural gas or electricity in the municipality. The distribution utility
also serves as the default supplier of electricity and natural gas
preceding the establishment of a CCA program.
PARTICIPATING CUSTOMERS
Default customers of the CCA program who have not opted out,
and non-default customers of any service class who have voluntarily
enrolled in the CCA 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/or natural gas for
participating customers in connection with this chapter or, alternatively,
a generator of electricity and/or natural gas or other entity that
procures and resells electricity or natural gas.
SUPPLY CONTRACT
A contract for the supply of electric power and/or natural
gas entered into between a supplier and the municipality.
SUPPLY CONTRACT DATE
The date when electric power and/or natural gas is first
delivered to participating customers in connection with the CCA program.
The CCA Administrator may collect, or cause to be collected,
funds from participating customer payments to pay for administrative
costs associated with operating the CCA program.
This chapter shall be effective immediately upon being filed
with the New York State Secretary of State.
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.