A01928 Summary:

BILL NO    A01928 

SAME AS    SAME AS S03543

SPONSOR    Brennan

COSPNSR    

MLTSPNSR   

Amd S66, Pub Serv L

Relates to providing oversight and monitoring of the operations of an
independent system operator; authorizes the public service commission to
provide oversight and requires annual reports on the independent system
operator.
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A01928 Actions:

BILL NO    A01928 

01/13/2015 referred to corporations, authorities and commissions
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A01928 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1928

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 13, 2015
                                      ___________

       Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
         tee on Corporations, Authorities and Commissions

       AN ACT to amend the public service law, in relation to  providing  over-
         sight and monitoring the operations of an independent system operator

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. 1. Definitions. For  the  purposes  of  this  section,  the
    2  terms:
    3    a.  "independent system operator" shall mean any not-for-profit corpo-
    4  ration formed and operating in the state of New York that is approved by
    5  the United States federal energy regulatory commission to operate in the
    6  state to administer and monitor wholesale electricity markets.
    7    b. "end use sector member" shall mean any entity that purchases  elec-
    8  tricity for its own consumption and not for resale.
    9    2.  Board  members.  The  board of directors of the independent system
   10  operator shall include three members who shall represent  the  interests
   11  of  small  business owners and farmers. The governor, the speaker of the
   12  assembly and the temporary president of the senate  shall  each  appoint
   13  one such member.
   14    3.  Disclosure of information. a. An independent system operator oper-
   15  ating in this state shall disclose price data related to  its  wholesale
   16  market  operations  including,  but not limited to, information on real-
   17  time, hour-ahead and day-ahead bids in the independent system operator's
   18  wholesale electricity market auctions, transmission congestion  contract
   19  auctions  and  installed  capacity  market  auctions with no more than a
   20  three month delay. Such data shall  be  provided  in  aggregate  hourly,
   21  daily,  monthly, annual and historical data sets for comparison purposes
   22  and shall also reflect seasonal and peak load variations and averages.
   23    b. The independent system operator shall also disclose  the  names  of
   24  any  bidder that submits a bid in any of the auctions described in para-
   25  graph a of this subdivision and the amount of the bid.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02449-01-5
       A. 1928                             2

    1    c. Such information shall be made in a format  readily  available  and
    2  accessible to the public.
    3    4.  Consumer liaison. The independent system operator shall appoint an
    4  employee to serve as consumer liaison, whose primary duty  shall  be  to
    5  interact with members of the end-use sector for the purposes of:
    6    a. keeping end-use sector members informed about developments that may
    7  affect their interests;
    8    b.  explaining  the issues and proposals under discussion and proposed
    9  for consideration at the operating committee, business issues  committee
   10  and management committee as well as the ramifications of those proposals
   11  on residential consumers;
   12    c.  responding to the questions and concerns of members of the end-use
   13  sector; and
   14    d. serving as the liaison between the end-use sector and  the  members
   15  of  the  operator's board of directors who are designated or assigned to
   16  focus on the interests of the residential, small business and farm elec-
   17  tricity users.
   18    5. Notwithstanding any other provision of law  to  the  contrary,  the
   19  independent  system operator shall be subject to the provisions of arti-
   20  cles 6 and 7 of the public officers law.
   21    S 2. Section 66 of the public service law is amended by adding  a  new
   22  subdivision 29 to read as follows:
   23    29. (A) FOR THE PURPOSES OF THIS SUBDIVISION:
   24    (I) "INDEPENDENT SYSTEM OPERATOR" SHALL MEAN ANY NOT-FOR-PROFIT CORPO-
   25  RATION  FORMED AND OPERATING IN THE STATE THAT IS APPROVED BY THE UNITED
   26  STATES FEDERAL ENERGY REGULATORY COMMISSION TO OPERATE IN THE  STATE  TO
   27  ADMINISTER AND MONITOR WHOLESALE ELECTRICITY MARKETS; AND
   28    (II)  "END  USE SECTOR MEMBER" SHALL INCLUDE ANY ENTITY THAT PURCHASES
   29  ELECTRICITY FOR ITS OWN CONSUMPTION AND NOT FOR RESALE.
   30    (B) THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO  PROVIDE  OVERSIGHT
   31  AND MONITOR THE MARKET AND CORPORATE OPERATIONS OF AN INDEPENDENT SYSTEM
   32  OPERATOR, INCLUDING  BUT NOT LIMITED TO THE EXTENT TO WHICH IT:
   33    (I)  SERVES THE NEEDS OF ALL CUSTOMER CLASSES AND OPERATES IN A MANNER
   34  THAT IS IN THE BEST INTEREST OF THE PUBLIC;
   35    (II) ENSURES RELIABILITY, QUALITY AND MAINTENANCE OF THE  TRANSMISSION
   36  SYSTEM;
   37    (III)  COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK STATE OPEN MEET-
   38  ING AND FREEDOM OF INFORMATION LAWS; AND
   39    (IV) CONTRIBUTES TO THE ACHIEVEMENT  OF  ENERGY  EFFICIENCY  AND  FUEL
   40  DIVERSITY GOALS OF THE STATE.
   41    (C) THE COMMISSIONER SHALL ANNUALLY ISSUE A REPORT RELATING THE MARKET
   42  AND  CORPORATE  OPERATIONS  OF  THE  INDEPENDENT SYSTEM OPERATOR.   SUCH
   43  REPORTS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   44    (I)  ANALYSES  BY  AN  INDEPENDENT  SYSTEM  OPERATOR  AND  OTHER  DATA
   45  COLLECTED  AND  ANALYZED  BY  THE  COMMISSION  INFORMATION ON REAL-TIME,
   46  HOUR-AHEAD AND DAY-AHEAD MARKET  BIDS  AND  BIDDERS  IN  AN  INDEPENDENT
   47  SYSTEM  OPERATOR'S  WHOLESALE  ELECTRICITY MARKET AUCTIONS, TRANSMISSION
   48  CONGESTION CONTRACT AUCTIONS AND INSTALLED MARKET AUCTIONS;
   49    (II) A DETERMINATION OF THE EXTENT TO WHICH  THE  ENERGY  MARKETS  ARE
   50  MAINTAINING NECESSARY LEVELS OF RELIABILITY;
   51    (III) A DETERMINATION OF WHETHER OR NOT ALL CUSTOMER CLASSES ARE BEING
   52  ADEQUATELY SERVED BY COMPETITIVE ENERGY MARKETS;
   53    (IV) A DETERMINATION OF THE COMPETITIVENESS OF ENERGY MARKETS; INCLUD-
   54  ING  A  DETERMINATION  WHETHER OR NOT THE ELECTRIC INDUSTRY IS PROVIDING
   55  CONSUMERS WITH THE LOWEST PRICES POSSIBLE WITHIN A RESTRUCTURED, COMPET-
   56  ITIVE RETAIL MARKETPLACE;
       A. 1928                             3

    1    (V) A DETERMINATION OF THE EXTENT TO  WHICH  THE  ENERGY  MARKETS  ARE
    2  ACHIEVING THE ENERGY EFFICIENCY AND FUEL DIVERSITY GOALS OF THE STATE;
    3    (VI)  THE NAME AND TERMS OF THE BOARDS OF DIRECTORS AND OF THE MEMBERS
    4  OF THE INDEPENDENT SYSTEM OPERATOR'S MANAGEMENT, OPERATING AND  BUSINESS
    5  COMMITTEES;
    6    (VII) AN INDEPENDENT SYSTEM OPERATOR'S FINANCIAL INFORMATION; AND
    7    (VIII) RECOMMENDATIONS FOR IMPROVING ANY DEFICIENCIES SO IDENTIFIED IN
    8  ELECTRICITY  ENERGY  MARKETS,  INCLUDING  NON-COMPETITIVE  PRICING SITU-
    9  ATIONS.
   10    (D) THE COMMISSION SHALL SUBMIT SUCH REPORT TO THE GOVERNOR, THE PRES-
   11  IDENT PRO TEM OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE  MINORITY
   12  LEADERS OF THE SENATE AND THE ASSEMBLY, THE CHAIRS OF THE ENERGY COMMIT-
   13  TEES  OF  THE  SENATE  AND  THE ASSEMBLY, NO LATER THAN APRIL FIRST, TWO
   14  THOUSAND SIXTEEN AND ANNUALLY THEREAFTER.
   15    S 3. This act shall take effect immediately.
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