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 consumers 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
by month for the past 12 months by service class.
CCA ADMINISTRATOR
Shall be duly authorized to put out for bid the total amount
of electricity being purchased by participating consumers. CCA Administrator
is responsible for program organization, administration, procurement,
and communications, unless otherwise specified. The CCA Administrator
is responsible for ensuring and tracking compliance with Public Service
Commission requirements applicable to CCA Programs, including reporting
requirements. The Town may retain a CCA Administrator to oversee and
operate its CCA Program consistent with the Commission's rules
and with this chapter, as well as any CCA administration agreement
executed between the Town and the CCA Administrator.
CUSTOMER SPECIFIC DATA
Customer specific information, personal data and utility
data for all consumers in the municipality 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. The CCA Administrator
shall take all reasonable steps to protect customer specific data
from unauthorized release or improper use, in accordance with the
terms of the CCA administration agreement, any data security agreement
executed in relation to the Town's CCA Program, and any other
relevant rules regarding customer data protection.
DATA SECURITY AGREEMENT
An agreement between the distribution utility and the CCA
Administrator and/or the municipality which obligates each party to
meet, collectively, 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 eligible
consumer with respect to the CCA Administrator or its representative's
processing of confidential utility information; the distribution utility's
internal requirements and procedures relating to the protection of
information that identifies or can be used to identify individual
eligible consumer with respect to the CCA Administrator or its representative's
processing of confidential utility information; and the PSC CCA Order
and any other applicable PSC rules, regulations, orders, rulings,
and guidelines relating to CCA Programs and/or confidential data.
DEFAULT SERVICE
Supply service provided by the distribution utility to consumers
who are not currently receiving service from an energy service company
(ESCO). Eligible consumers within the municipality 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, microgrid 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 consumers.
DISTRIBUTION UTILITY
Owner or controller of the means of distribution of the electricity
that is regulated by the Public Service Commission.
ELIGIBLE CONSUMERS
Eligible customers of electricity who receive default service
from the distribution utility as of the effective date, or new consumers
that subsequently become eligible to participate in the Program, at
one or more locations within the geographic boundaries of the municipality,
except those consumers who receive default service and have requested
not to have their account information shared by the distribution utility.
Customers who are not receiving default service from the distribution
utility, but who wish to voluntarily opt in to the CCA Program are
also eligible consumers. For the avoidance of doubt, all eligible
consumers must reside or be otherwise located at one or more locations
within the geographic boundaries of the municipality, as such boundaries
exist on the effective date of the ESA.
NEW CONSUMERS
Consumers of electricity that become eligible consumers after
the effective date of the ESA, including those that opt in or move
into the municipality.
PARTICIPATING CONSUMERS
Eligible consumers enrolled in the Program, either because
they are consumers who receive default service from the distribution
utility as of the effective date and have not opted out, because they
are eligible consumers who voluntarily opted into the program, or
are new consumers.
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" and as amended by the Commission.
PUBLIC SERVICE COMMISSION or PSC
New York State Public Service Commission which regulates
the generation, distribution and sale of public utility services in
New York State.
SUPPLIERS
ESCOs that procure electric power for eligible consumers
in connection with this chapter or, alternatively, generators of electricity,
or other entities who procure and resell electricity.
Participating consumers shall be provided customer service including
a toll-free telephone number available during normal business hours
(9:00 a.m. to 5:00 p.m. Eastern Time, Monday through Friday) to resolve
concerns, answer questions, and transact business with respect to
the service received from the supplier. At the Town's request,
the CCA Administrator shall provide information regarding available
customer service opportunities, including but not limited to reports
related to customer service inquiries, complaints, and the resolution
of those complaints.
The municipality and/or CCA Administrator may collect, or cause
to be collected, funds from customer payments to pay for reasonable
administrative costs associated with running the CCA Program.
This chapter shall be effective immediately upon filing in the
office of the New York State Secretary of State in accordance with
Section 27 of the Municipal Home Rule Law.
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.
All ordinances, local laws, and parts thereof inconsistent with
this chapter are hereby repealed.