[Adopted 3-8-2021 by L.L. No. 2-2021]
For purposes of this article, and unless otherwise expressly
stated or unless the context otherwise requires, the terms in this
article 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
or volumetric consumption for gas by month for the past 12 months
by service class.
CCA ADMINISTRATOR
The City of Newburgh or third-party CCA administrator duly
authorized by the City of Newburgh 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 consumers in the municipality eligible for opt-out treatment
based on the terms of the 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.
DEFAULT CONSUMERS
Customers of electricity and/or natural gas within opt-out
eligible service classes, as defined in the PSC CCA order, who receive
supply service from the distribution utility as of the date the supply
contract goes 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 to the City of Newburgh.
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. All default customers must reside or be otherwise located
at one or more locations within the geographic boundaries of the City
of Newburgh, as such boundaries exist as of the date the supply contract
goes into effect.
DEFAULT SERVICE
Supply service provided by the distribution utility to consumers
who are not currently receiving service from an energy service company
(ESCO). Default consumers within the City of Newburgh 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, community-distributed generation,
such as 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 the geography of the CCA.
DISTRIBUTION UTILITY
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 CONSUMERS
Default consumers who have not opted out and nondefault consumers
of any service class that have voluntarily enrolled in the program.
PROGRAM ORGANIZER
The group responsible for initiating and organizing the CCA.
This group will typically secure buy-in from local governments and
engage in preliminary outreach and education around CCA. The program
organizer may be a nonprofit organization, local government, or other
third party. The program organizer and the CCA administrator may be
the same.
PSC CCA ORDER
The PSC's Order Authorizing Framework for Community
Choice Aggregation Opt-Out Program, issued on April 21, 2016, in Case
No. 14-M-0224, Proceeding on Motion of the Commission to Enable Community
Choice Aggregation Programs.
SUPPLIER(S)
An ESCO(s) that procures electric power and natural gas for
eligible consumers in connection with this article or, alternatively,
generators of electricity and natural gas or other entities who procure
and resell electricity or natural gas.
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(s).
The City of Newburgh 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 article shall be effective immediately upon adoption and
after 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.