For purposes of this chapter, and unless otherwise expressly
stated or unless the context otherwise requires, the terms in this
chapter shall have the meaning 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, 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 municipality or a third party duly authorized to administer
the CCA Program, including, without limitation, to request aggregated
data and customer-specific data; to solicit energy offerings on behalf
of default customers; 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 CCA Orders, unless otherwise
specified. The CCA Administrator shall be designated by the Town Board
of the municipality.
CCA ORDERS
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," as it may be amended from time to time,
including subsequent orders of the Public Service Commission issued
in connection with, or related to, Case No. 14-M-0224.
CUSTOMER-SPECIFIC DATA
Customer-specific information, personal data and utility
data for default customers, including the customer of record's
name, mailing address, account number, and primary language, if available,
and any customer-specific alternate billing name and address.
DEFAULT CUSTOMER
A customer of electricity and/or natural gas services within
opt-out eligible service classes (as set forth in the CCA Orders)
who receive supply service from the distribution utility as of the
date the supply contract goes into effect, or a customer within these
service classes who subsequently becomes eligible to participate in
the CCA 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
of the municipality. 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 consumers and will not be enrolled
on an opt-out basis. For the avoidance of doubt, all default consumers
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.
DER PROVIDER
A provider of products and/or services related to distributed
energy resources.
DISTRIBUTED ENERGY RESOURCES (DER)
Local renewable energy projects, community distributed generation
(e.g., community renewables), energy storage, peak demand management,
energy efficiency, demand response, community resilience microgrid
projects, and other Reforming the Energy Vision (REV) initiatives
that 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 electricity
or natural gas in the municipality. The distribution utility also
serves as the default supplier of electricity or natural gas preceding
the establishment of a CCA Program.
PARTICIPATING CUSTOMER
A default customer of the CCA Program who has not opted out,
and a nondefault customer of any service class who has voluntarily
enrolled in the CCA Program.
SUPPLIER
An ESCO that procures electric power and natural gas for
participating 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 municipality or CCA Administrator may collect, or cause
to be collected, funds from participating customer payments to pay
for administrative costs associated with running 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.