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
Information aggregated and anonymized at the municipal level
that is used to support CCA program design and solicitations for energy
offerings.
CCA ADMINISTRATOR
The entity selected and duly authorized by the Town of Potsdam
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.
CCA ORDERS
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," 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
Personal data and utility data for default consumers, including,
without limitation, the name, mailing address, account number, and
primary language, if available, for each customer of record and any
customer-specific alternate billing name, and address.
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 eligible consumer 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 eligible consumer 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 SERVICE
Gas or electric supply service provided by the distribution
utility to consumers who are not currently receiving service from
an alternative energy service company (ESCO).
DISTRIBUTED ENERGY RESOURCES (DER)
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 energy projects and initiatives that reduce the
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 the party controlling the means of distribution
of electricity and/or natural gas in the Town of Potsdam and/or the
default supplier of electricity and/or natural gas as of the effective
date of any CCA program energy services agreement (ESA) between the
Town and an energy supplier.
ELIGIBLE CONSUMERS
Consumers of electricity and/or natural gas who receive default
service from the distribution utility within opt-out energy service
classes as delineated in the CCA order as of the effective date of
an energy services agreement (ESA) between the Town and a supplier,
or new consumers that subsequently become eligible to participate
in the CCA program, except those consumers who receive default service
and have requested not to have their account information shared by
the distribution utility. For the avoidance of doubt, all eligible
consumers must reside or otherwise be located at one or more locations
within the geographic boundaries of the Town, as such boundaries exist
on the effective date of the applicable ESA.
ENERGY SUPPLIER or SUPPLIER
Any entity that procures electric power and/or natural gas
for eligible consumers; generators of electricity and natural gas
or other entities who procure and resell electricity or natural gas.
NEW CONSUMERS
Consumers of gas and/or electricity that become eligible
consumers after the effective date of the applicable ESA, including
those that opt in or move into the Town.
PARTICIPATING CONSUMERS
Eligible consumers enrolled in the CCA program, either because
they are consumers who received default service from the distribution
utility as of the applicable ESA effective date and have not opted
out, are consumers that have opted in, or are new consumers.
PROGRAM ORGANIZER
The entity responsible for initiating and organizing the
CCA. The program organizer may be a non-profit organization, local
government, or other third party. The program organizer and the CCA
Administrator may be the same.
An opt-out letter, printed on municipal letterhead, shall be
mailed to eligible consumers at least 30 days prior to customer enrollment.
The opt-out letter shall include information on the CCA program and
the ESA signed with the selected supplier, including specific details
on rates, services, contract term, cancellation fee, and methods for
opting out of the CCA program. The letter shall explain that consumers
that do not opt out will be enrolled for service under the terms of
the ESA and that information on those consumers, including energy
usage data and APP status, will be provided to the supplier.
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.
The CCA Administrator may collect, or cause to be collected,
funds from customer payments to pay for administrative costs associated
with the operation of 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.