§ 59-2. Definitions.

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 shall mean 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 to 24 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 to 24 months by service class.

CCA administrator shall mean the entity selected by the village duly authorized to put out the bid for the total amount of electricity and/or natural gas being purchased by participating consumers. CCA administrator is responsible for program organization, administration, procurement, and communications, unless otherwise specified.

CCA order shall mean 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."

Community choice aggregation program or CCA program shall mean a municipal energy procurement program, which replaces the incumbent utility as the default supplier of energy for all residential and commercial customers within the village who have not opted out of the CCA program. Notwithstanding the above, the incumbent utility will continue to distribute energy as the distribution utility to all residential and commercial customers within the CCA program.

Customer specific data shall mean customer specific information, personal data and utility data for all consumers in the village eligible for opt-out treatment based on the terms of the 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 shall mean an agreement between the distribution utility and the village that obligates each party to meet, collectively:

(1)

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's or its representative's processing of confidential utility information;

(2)

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's or its representative's processing of confidential utility information; and

(3)

The CCA order and PSC rules, regulations, and guidelines relating to confidential data.

Default service shall mean 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 village that receive default service, and have not opted out, will be enrolled in the CCA program.

Distributed energy resources (DER) shall mean 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 shall mean the local incumbent utility owning and controlling the means of distribution of the natural gas or electricity that is regulated by the PSC.

Eligible consumers shall mean eligible consumers of electricity and/or natural gas who receive default service from the distribution utility as of the effective date, or new consumers that subsequently become eligible to participate in the CCA program, at one or more locations within the geographic boundaries of the village, 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 be otherwise located at one or more locations within the geographic boundaries of the village, as such boundaries exist on the effective date of the energy services agreement (ESA) between the village and the supplier.

New consumers shall mean consumers of electricity that become eligible consumers after the effective date of the ESA between the village and the supplier, including those that opt in or move into the village.

Participating consumers shall mean eligible consumers enrolled in the CCA program, either because they are consumers who receive default service from the distribution utility as of the effective date of the ESA and have not opted out, or are new consumers.

Public service commission or PSC shall mean New York State Public Service Commission.

Suppliers shall mean an energy service company (ESCO) duly authorized to conduct business in the state as an ESCO and that produces electric power and natural gas for eligible consumers in connection with this chapter or, alternatively, generators of electricity and natural gas or other entities who procure and resell electricity or natural gas.

(L.L. No. 6-2016, § 2, 11-21-16)