A01928 Summary:

BILL NOA01928A
 
SAME ASSAME AS S03543-A
 
SPONSORBrennan
 
COSPNSR
 
MLTSPNSR
 
Amd 66, 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 NOA01928A
 
01/13/2015referred to corporations, authorities and commissions
01/06/2016referred to corporations, authorities and commissions
02/29/2016amend and recommit to corporations, authorities and commissions
02/29/2016print number 1928a
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A01928 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1928--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2015
                                       ___________
 
        Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions -- recommitted to the
          Committee on Corporations, Authorities and Commissions  in  accordance
          with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02449-03-6

        A. 1928--A                          2
 
     1    b. The independent system operator shall also disclose  the  names  of
     2  any  bidder that submits a bid in any of the auctions described in para-
     3  graph a of this subdivision and the amount of the bid.
     4    c.  Such  information  shall be made in a format readily available and
     5  accessible to the public.
     6    4. Consumer liaison. The independent system operator shall appoint  an
     7  employee  to  serve  as consumer liaison, whose primary duty shall be to
     8  interact with members of the end-use sector for the purposes of:
     9    a. keeping end-use sector members informed about developments that may
    10  affect their interests;
    11    b. explaining the issues and proposals under discussion  and  proposed
    12  for  consideration at the operating committee, business issues committee
    13  and management committee as well as the ramifications of those proposals
    14  on residential consumers;
    15    c. responding to the questions and concerns of members of the  end-use
    16  sector; and
    17    d.  serving  as the liaison between the end-use sector and the members
    18  of the operator's board of directors who are designated or  assigned  to
    19  focus on the interests of the residential, small business and farm elec-
    20  tricity users.
    21    5.  Notwithstanding  any  other  provision of law to the contrary, the
    22  independent system operator shall be subject to the provisions of  arti-
    23  cles 6 and 7 of the public officers law.
    24    §  2.  Section 66 of the public service law is amended by adding a new
    25  subdivision 29 to read as follows:
    26    29. (a) For the purposes of this subdivision:
    27    (i) "independent system operator" shall mean any not-for-profit corpo-
    28  ration formed and operating in the state that is approved by the  United
    29  States  federal  energy regulatory commission to operate in the state to
    30  administer and monitor wholesale electricity markets; and
    31    (ii) "end use sector member" shall include any entity  that  purchases
    32  electricity for its own consumption and not for resale.
    33    (b)  The  commissioner is authorized and directed to provide oversight
    34  and monitor the market and corporate operations of an independent system
    35  operator, including  but not limited to the extent to which it:
    36    (i) serves the needs of all customer classes and operates in a  manner
    37  that is in the best interest of the public;
    38    (ii)  ensures reliability, quality and maintenance of the transmission
    39  system;
    40    (iii) complies with the requirements of the New York state open  meet-
    41  ing and freedom of information laws; and
    42    (iv)  contributes  to  the  achievement  of energy efficiency and fuel
    43  diversity goals of the state.
    44    (c) The commissioner shall annually issue a report relating the market
    45  and corporate operations of  the  independent  system  operator.    Such
    46  reports shall include, but not be limited to:
    47    (i)  analyses  by  an  independent  system  operator  and  other  data
    48  collected and analyzed by the commission information on real-time, hour-
    49  ahead and day-ahead market bids and bidders  in  an  independent  system
    50  operator's   wholesale   electricity   market   auctions,   transmission
    51  congestion contract auctions and installed market auctions;
    52    (ii) a determination of the extent to which  the  energy  markets  are
    53  maintaining necessary levels of reliability;
    54    (iii) a determination of whether or not all customer classes are being
    55  adequately served by competitive energy markets;

        A. 1928--A                          3
 
     1    (iv) a determination of the competitiveness of energy markets; includ-
     2  ing  a  determination  whether or not the electric industry is providing
     3  consumers with the lowest prices possible within a restructured, compet-
     4  itive retail marketplace;
     5    (v)  a  determination  of  the  extent to which the energy markets are
     6  achieving the energy efficiency and fuel diversity goals of the state;
     7    (vi) the name and terms of the boards of directors and of the  members
     8  of  the independent system operator's management, operating and business
     9  committees;
    10    (vii) an independent system operator's financial information; and
    11    (viii) recommendations for improving any deficiencies so identified in
    12  electricity energy  markets,  including  non-competitive  pricing  situ-
    13  ations.
    14    (d)  The  commission  shall  submit  such  report to the governor, the
    15  temporary president of the senate, the  speaker  of  the  assembly,  the
    16  minority leaders of the senate and the assembly, the chairs of the ener-
    17  gy committees of the senate and the assembly, no later than April first,
    18  two thousand seventeen and annually thereafter.
    19    § 3. This act shall take effect immediately.
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