§ 22-4. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AUTOMATICALLY ELIGIBLE CUSTOMERS

Customers' accounts in those utility service classes eligible for inclusion in the CCA program on an opt-out basis, as set forth in the NYSPSC order authorizing CCAs, Appendix C, or as otherwise specified by the Commission. Generally, these classes of customers include those receiving residential electric or gas supply service, including those in multifamily housing, certain types of institutions, and some small commercial customers covered by "small general service" class designations. Automatically eligible customers shall not include customers' accounts that have already been enrolled in service through an ESCO, enrolled in utility programs which require them to take supply service from their current utility, or that have a block on their utility account at the time of CCA formation; those customers' accounts shall be eligible to participate on an opt-in basis, if they so desire.

CCA ADMINISTRATOR

An agent of the municipality charged with overseeing creation, implementation and operation of a CCA program, as well as competitively procuring and negotiating energy supply agreements with ESCOs. The CCA Administrator shall be retained by the municipality via a separate CCA administration agreement, adopted by resolution of the municipality's governing board.

COMMUNITY CHOICE AGGREGATION (CCA)/CCA PROGRAM

A program authorized by the New York State Public Service Commission (NYSPSC) to aggregate residential and commercial electric supply and/or energy-related value-added products and services within a given municipality, and/or among multiple municipalities, in order to leverage that energy demand to negotiate favorable energy supply agreements directly with ESCOs. Customers within a CCA program would no longer purchase their energy supply directly from their utility. However, the utility would continue to deliver energy to these customers, to charge for that delivery, and will retain its transmission and distribution network. The energy supply portion of a customer's energy service is provided by an ESCO or ESCOs, pursuant to an energy supply agreement competitively procured and negotiated for the CCA program at large, then delivered to customers via the local utility.

ELIGIBLE CUSTOMERS

All automatically eligible customers plus those utility customers eligible for inclusion in the CCA program on an opt-in basis, as set forth in the NYSPSC order authorizing CCAs or otherwise authorized by the Commission. Those customers eligible to participate in the CCA program on an opt-in basis currently include: those customers already enrolled in service through an ESCO at the time of CCA formation, customers in large commercial, institutional, or industrial utility service classes that cannot be automatically enrolled in the CCA on an opt-out basis, and all other customers not considered "automatically eligible customers." References to the broader class of "eligible customers" shall signify the entire pool of customers participating in the aggregation, either because they have been automatically enrolled on an opt-out basis, or because they have affirmatively opted in.

ENERGY SERVICES COMPANY (ESCO)

A third-party energy supplier eligible to sell electricity and/or energy-related value-added services to customers in New York State, utilizing the transmission and distribution systems of existing utilities. ESCOs are regulated by the New York State Department of Public Service and the New York State Public Service Commission, and must comply with the New York State Public Service Law.

ENERGY SUPPLY AGREEMENT (ESA)

An agreement between an energy customer and an energy services company (ESCO) to provide electricity service to the customer for a fixed or variable price. For purposes of this chapter, the CCA Administrator would conduct a competitive procurement on behalf of all eligible customers, and would enter into an energy service agreement(s) with an ESCO to provide power to all such customers in the community.

MUNICIPALITY/TOWN

Reference to these terms throughout this chapter indicate the Town of Oneonta, unless otherwise noted.

UTILITY

This term refers to traditional electric and/or natural gas utilities regulated by the New York State Department of Public Service and the New York State Public Service Commission and permitted to provide electric supply, transmission and distribution services to all customers within their designated service territory. For purposes of this chapter, the term "utility" will refer to the New York State Electric and Gas Corporation.