Bill Text: NY A06035 | 2011-2012 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-01-04 - referred to corporations, authorities and commissions [A06035 Detail]

Download: New_York-2011-A06035-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6035
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 4, 2011
                                      ___________
       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. Section 66 of the public service law is amended by adding a
    2  new subdivision 29 to read as follows:
    3    29. (A) FOR THE PURPOSES OF THIS SUBDIVISION:
    4    (I) "INDEPENDENT SYSTEM OPERATOR" SHALL MEAN ANY ENTITY  OPERATING  IN
    5  THE STATE THAT IS APPROVED BY THE UNITED STATES FEDERAL ENERGY REGULATO-
    6  RY  COMMISSION  TO OPERATE IN THE STATE TO ADMINISTER AND MONITOR WHOLE-
    7  SALE ELECTRICITY MARKETS; AND
    8    (II) "END USE SECTOR MEMBER" SHALL INCLUDE ANY ENTITY  THAT  PURCHASES
    9  ELECTRICITY FOR ITS OWN CONSUMPTION AND NOT FOR RESALE.
   10    (B)  THE  COMMISSIONER IS AUTHORIZED AND DIRECTED TO PROVIDE OVERSIGHT
   11  AND MONITOR THE MARKET OPERATIONS OF  AN  INDEPENDENT  SYSTEM  OPERATOR,
   12  INCLUDING  BUT NOT LIMITED TO THE EXTENT TO WHICH IT:
   13    (I)  SERVES THE NEEDS OF ALL CUSTOMER CLASSES AND OPERATES IN A MANNER
   14  THAT IS IN THE BEST INTEREST OF THE PUBLIC;
   15    (II) ENSURES RELIABILITY, QUALITY AND MAINTENANCE OF THE  TRANSMISSION
   16  SYSTEM;
   17    (III)  MEETS THE REQUIREMENTS OF THE NEW YORK STATE OPEN MEETING LAWS;
   18  AND
   19    (IV) CONTRIBUTES TO THE ACHIEVEMENT  OF  ENERGY  EFFICIENCY  AND  FUEL
   20  DIVERSITY GOALS OF THE STATE.
   21    (C)  THE  COMMISSION  SHALL ENSURE THAT AN INDEPENDENT SYSTEM OPERATOR
   22  OPERATE IN A MANNER TO PREVENT MARKET MANIPULATION AND OPPORTUNITIES FOR
   23  COLLUSION BY REQUIRING AN INDEPENDENT SYSTEM OPERATOR TO DISCLOSE  PRICE
   24  DATA  RELATED  TO  ITS  WHOLESALE  MARKET  OPERATIONS INCLUDING, BUT NOT
   25  LIMITED TO, INFORMATION ON REAL-TIME, DAY-AHEAD AND SPOT MARKET BIDS AND
   26  BIDDERS IN AN INDEPENDENT SYSTEM OPERATOR'S WHOLESALE ELECTRICITY MARKET
   27  AUCTIONS, TRANSMISSION CONGESTION CONTRACT AUCTIONS AND INSTALLED CAPAC-
   28  ITY MARKET AUCTIONS TO BE MADE PUBLIC WITH NO MORE THAN  A  THREE  MONTH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04844-01-1
       A. 6035                             2
    1  DELAY.  SUCH INFORMATION SHALL BE MADE IN A FORMAT READILY AVAILABLE AND
    2  ACCESSIBLE TO THE PUBLIC INCLUDING, BUT NOT LIMITED  TO  PROVIDING  SUCH
    3  DATA  IN  AGGREGATE  HOURLY,  DAILY, MONTHLY, ANNUAL AND HISTORICAL DATA
    4  SETS  FOR  COMPARISON  PURPOSES  AS WELL AS DATA RELATED TO SEASONAL AND
    5  PEAK LOAD VARIATIONS AND AVERAGES.
    6    (D) THE COMMISSION SHALL ENSURE ACCOUNTABILITY BY  REQUIRING  THAT  AN
    7  INDEPENDENT SYSTEM OPERATOR'S BOARD OF DIRECTORS INCLUDES AT LEAST THREE
    8  NON-GOVERNMENTAL  APPOINTMENTS  THAT DIRECTLY REPRESENT THE INTERESTS OF
    9  RESIDENTIAL SMALL BUSINESS AND FARM ELECTRICITY USERS.    THE  GOVERNOR,
   10  THE  SPEAKER  OF  THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE
   11  SHALL EACH APPOINT ONE REPRESENTATIVE TO THE BOARD.
   12    (E) THE COMMISSION SHALL REQUIRE AN  INDEPENDENT  SYSTEM  OPERATOR  TO
   13  CREATE  THE  POSITION OF CONSUMER LIAISON WHOSE PRIMARY ROLE SHALL BE TO
   14  INTERACT WITH MEMBERS OF THE END-USE SECTOR FOR THE PURPOSES OF:
   15    (I) KEEPING END-USE SECTOR  MEMBERS  INFORMED  ABOUT  DEVELOPMENTS  IN
   16  WORKING GROUPS/SUB-COMMITTEES THAT MAY AFFECT THEIR INTERESTS;
   17    (II) EXPLAINING THE ISSUES AND PROPOSALS UNDER DISCUSSION AT THE WORK-
   18  ING  GROUP/SUB-COMMITTEE  MEETINGS AND PROPOSED FOR CONSIDERATION AT THE
   19  OPERATING COMMITTEE, BUSINESS ISSUES COMMITTEE AND MANAGEMENT  COMMITTEE
   20  AS WELL AS THE RAMIFICATIONS OF THOSE PROPOSALS ON CONSUMERS;
   21    (III)  LISTENING  AND  RESPONDING  TO  THE  QUESTIONS  AND CONCERNS OF
   22  MEMBERS OF THE END-USE SECTOR; AND
   23    (IV) SERVING AS THE LIAISON BETWEEN THE END-USE SECTOR AND THE  DIREC-
   24  TORS DESIGNATED OR ASSIGNED TO PAY PARTICULAR ATTENTION TO THE INTERESTS
   25  OF THE RESIDENTIAL, SMALL BUSINESS AND FARM ELECTRICITY USERS.
   26    (F) THE COMMISSIONER SHALL ANNUALLY ISSUE A REPORT RELATING THE MARKET
   27  OPERATION  OF  AN  INDEPENDENT  SYSTEM  OPERATOR.    SUCH  REPORTS SHALL
   28  INCLUDE, BUT NOT BE LIMITED TO:
   29    (I) ANALYSES BY AN INDEPENDENT SYSTEM OPERATOR  AND  OTHER  SUCH  DATA
   30  COLLECTED  AND  ANALYZED  BY  THE  COMMISSION  INFORMATION ON REAL-TIME,
   31  HOUR-AHEAD AND DAY-AHEAD MARKET  BIDS  AND  BIDDERS  IN  AN  INDEPENDENT
   32  SYSTEM  OPERATOR'S  WHOLESALE  ELECTRICITY MARKET AUCTIONS, TRANSMISSION
   33  CONGESTION CONTRACT AUCTIONS AND INSTALLED MARKET AUCTIONS;
   34    (II) A DETERMINATION OF THE EXTENT TO WHICH  THE  ENERGY  MARKETS  ARE
   35  MAINTAINING NECESSARY LEVELS OF RELIABILITY;
   36    (III) A DETERMINATION OF WHETHER OR NOT ALL CUSTOMER CLASSES ARE BEING
   37  ADEQUATELY SERVED BY COMPETITIVE ENERGY MARKETS;
   38    (IV) A DETERMINATION OF THE COMPETITIVENESS OF ENERGY MARKETS; INCLUD-
   39  ING  A  DETERMINATION  WHETHER OR NOT THE ELECTRIC INDUSTRY IS PROVIDING
   40  CONSUMERS WITH THE LOWEST PRICES POSSIBLE WITHIN A RESTRUCTURED, COMPET-
   41  ITIVE RETAIL MARKETPLACE;
   42    (V) A DETERMINATION OF THE EXTENT TO  WHICH  THE  ENERGY  MARKETS  ARE
   43  ACHIEVING THE ENERGY EFFICIENCY AND FUEL DIVERSITY GOALS OF THE STATE;
   44    (VI)  THE NAME AND TERMS OF THE BOARDS OF DIRECTORS AND AN INDEPENDENT
   45  SYSTEM OPERATOR MANAGEMENT, OPERATING AND BUSINESS COMMITTEE MEMBERS;
   46    (VII) AN INDEPENDENT SYSTEM OPERATOR'S FINANCIAL INFORMATION; AND
   47    (VIII) RECOMMENDATIONS FOR IMPROVING ANY DEFICIENCIES SO IDENTIFIED IN
   48  ELECTRICITY ENERGY  MARKETS,  INCLUDING  NON-COMPETITIVE  PRICING  SITU-
   49  ATIONS.  THE  COMMISSION  SHALL  SUBMIT SUCH REPORT TO THE GOVERNOR, THE
   50  PRESIDENT PRO TEM OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINOR-
   51  ITY LEADERS OF THE SENATE AND THE ASSEMBLY, THE  CHAIRS  OF  THE  ENERGY
   52  COMMITTEES  OF  THE  SENATE AND THE ASSEMBLY, NO LATER THAN APRIL FIRST,
   53  TWO THOUSAND TWELVE AND ANNUALLY THEREAFTER.
   54    S 2. This act shall take effect immediately.