[HISTORY: Adopted by the City Council of the City of Canandaigua 11-7-2019 by L.L. No. 3-2019. Amendments noted where applicable.]
For purposes of this chapter, the following definitions apply:
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.
The individual/entity duly authorized by the City to put
out for bid the total amount of electricity and/or natural gas being
purchased by participating consumers.
Customer-specific information, personal data and utility
data for all consumers in the municipality eligible to opt out of
the CCA program, 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.
An agreement between the distribution utility and the City
that obligates each party to meet to protect the confidentiality of
customer-specific data.
The owner or controller of the means of distribution of the
natural gas or electricity that is regulated by the PSC.
Consumers of electricity and/or natural gas within the municipal
boundaries of the City who receive service from the distribution utility
as of the effective date of this chapter, or new consumers who subsequently
become eligible to participate in the CCA program, except those consumers
who receive service from the distribution utility and have requested
not to have their account information shared by the distribution utility.
An entity duly authorized to conduct business in the State
of New York as an energy services company.
Eligible consumers enrolled in the CCA program, either because
they are consumers who receive services from the distribution utility
as of the effective date of this chapter and have not opted out, or
are new consumers.
A.Â
A community choice aggregation (CCA) program is hereby established
by the City, whereby the City may implement a CCA program to the full
extent permitted by law.
B.Â
The City may act as aggregator or broker for the sale of electric
supply, gas supply, or both to eligible consumers and may enter into
contracts with one or more suppliers for energy supply and other services
on behalf of eligible consumers.
C.Â
The City may enter into agreements and contracts with other municipalities,
nonprofits, consultants, and/or other third parties to: 1) develop
and implement the CCA program, 2) appoint a CCA Administrator, and/or
3) develop offers of opt-in distributed energy resources, products
and services to participating consumers, including opportunities to
participate in local renewable energy projects, shared solar, energy
efficiency, microgrids, storage, demand response, energy management,
and other initiatives and objectives designed to optimize system benefits,
target and address load pockets/profile within the CCA zone, and reduce
costs for CCA customers.
D.Â
The operation and ownership of the utility service shall remain with
the distribution utility. The City's participation in a CCA program
constitutes neither the purchase of a public utility system, nor the
furnishing of utility service. The City shall not take over any part
of the electric or gas transmission or distribution system and will
not furnish any type of utility service, but will instead negotiate
with suppliers on behalf of participating consumers.
All eligible consumers within the City, including residential
and nonresidential, regardless of size, shall be eligible to participate
in the CCA program and shall be enrolled on an opt-out basis except
for consumers that: 1) are already taking service from an ESCO, 2)
have placed a freeze or block on their account, or 3) have already
elected to take service pursuant to a special rate and inclusion in
the CCA program will interfere with that rate choice.
A.Â
An opt-out letter, printed on City letterhead, shall be mailed to
eligible consumers at least 30 days prior to customer enrollment.
B.Â
The opt-out letter shall include information on the CCA program and
the contract signed with the selected ESCO, including specific details
on rates, services, contract term, cancellation fee, and methods for
opting out of the CCA program.
C.Â
The letter shall explain that consumers that do not opt out will
be automatically enrolled in ESCO service under the contract terms
and that information on those consumers, including energy usage data,
will be provided to the ESCO.
D.Â
All consumers shall have the option to opt out of the CCA program
at any time, without penalty.
E.Â
Termination fees shall not be charged to consumers that cancel their
CCA service as a result of moving out of the premises served.
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 City may request aggregated data and customer-specific data
from the distribution utility; provided, however, that the request
for customer-specific data is limited to only those eligible consumers
who did not opt out once the initial opt-out period has closed. The
municipality must enter into a data security agreement with the distribution
utility for the purpose of protecting customer data.
The City may collect, or cause to be collected, funds from customer
payments to pay for administrative costs associated with running the
CCA program.
A.Â
Annual reports shall be filed with the City Council by March 31 of
each year and cover the previous calendar year.
B.Â
Annual reports shall include, at a minimum: number of consumers served;
number of consumers cancelling during the year; number of complaints
received; commodity prices paid; value-added services provided during
the year; and administrative costs collected. The first report shall
also include the number of consumers who opted out in response to
the initial opt-out letter or letters.
C.Â
If a CCA supply contract will expire less than one year following
the filing of the annual report, the report must identify current
plans for soliciting a new contract, negotiating an extension, or
ending the CCA program.
