A local law creating a new chapter of the Clarkstown Town Code
entitled "Community Choice Aggregation (Energy) Program."
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 the number
of customers 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.
CCA ADMINISTRATOR
The Town through a third-party CCA Administrator duly authorized
to put out for bid the total amount of electricity and/or natural
gas being purchased by participating customers. CCA Administrator
is responsible for program organization, administration, procurement,
and communications, unless otherwise specified.
CUSTOMER-SPECIFIC DATA
Customer-specific information, personal data and utility
data for all consumers in the Town eligible for opt-out treatment
based on the terms of 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.
DATA SECURITY AGREEMENT
An agreement between the distribution utility and the Town
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 default customer 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 default customer 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.
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 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.
DEFAULT SERVICE
Supply service provided by the distribution utility to customers
who are not currently receiving service from an energy service company
(ESCO). Default customers within the Town that receive default service,
and have not opted out will be enrolled in the program as of the effective
date.
DISTRIBUTED ENERGY RESOURCES (DER)
Local renewable energy projects, shared renewables like community
solar, energy efficiency, demand response, energy management, energy
storage, micro grid 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 customers.
DISTRIBUTION UTILITY
Owner or controller of the means of distribution of the natural
gas or electricity that is regulated by the Public Service Commission.
NEW CONSUMERS
Customers of electricity that become default customers after
the effective date of the ESA, including those that opt in or move
into Town.
PARTICIPATING CUSTOMERS
Default customers enrolled in the program, either because
they are customers who receive default service from the distribution
utility as of the effective date and have not opted out, or are new
customers.
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."
SUPPLIERS
ESCOs that procure electric power and natural gas for default
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.
The CCA Administrator may collect, or cause to be collected,
funds from customer payments to pay for administrative costs associated
with running the CCA program.
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.
This chapter shall be effective immediately upon filing with
the Secretary of State.