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 as amended
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 Town or third-party CCA Administrator duly authorized
by the Town 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 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 Town 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 Town, 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 microgrid 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 geography of the
CCA Program.
DISTRIBUTION UTILITY
The owner or controller of the means of distribution of the
natural gas or electricity in the Town. 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 nondefault 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 another entity
that procures and resells electricity or natural gas.
SUPPLY CONTRACT
A contract for the supply of electric power or natural gas
entered into between a supplier and the Town.
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 filing with
the 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.