Bill Text: NY S01179 | 2013-2014 | General Assembly | Introduced

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Bill Title: 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 of the independent system operator.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S01179 Detail]

Download: New_York-2013-S01179-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1179
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sens. MAZIARZ, RITCHIE -- read twice and ordered printed,
         and when printed to be committed to the Committee on Energy and  Tele-
         communications
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02354-01-3
       S. 1179                             2
    1  AUCTIONS, TRANSMISSION CONGESTION CONTRACT AUCTIONS AND INSTALLED CAPAC-
    2  ITY  MARKET  AUCTIONS  TO BE MADE PUBLIC WITH NO MORE THAN A THREE MONTH
    3  DELAY. SUCH INFORMATION SHALL BE MADE IN A FORMAT READILY AVAILABLE  AND
    4  ACCESSIBLE  TO  THE  PUBLIC INCLUDING, BUT NOT LIMITED TO PROVIDING SUCH
    5  DATA IN AGGREGATE HOURLY, DAILY, MONTHLY,  ANNUAL  AND  HISTORICAL  DATA
    6  SETS  FOR  COMPARISON  PURPOSES  AS WELL AS DATA RELATED TO SEASONAL AND
    7  PEAK LOAD VARIATIONS AND AVERAGES.
    8    (D) THE COMMISSION SHALL ENSURE ACCOUNTABILITY BY  REQUIRING  THAT  AN
    9  INDEPENDENT SYSTEM OPERATOR'S BOARD OF DIRECTORS INCLUDES AT LEAST THREE
   10  NON-GOVERNMENTAL  APPOINTMENTS  THAT DIRECTLY REPRESENT THE INTERESTS OF
   11  RESIDENTIAL SMALL BUSINESS AND FARM ELECTRICITY USERS.    THE  GOVERNOR,
   12  THE  SPEAKER  OF  THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE
   13  SHALL EACH APPOINT ONE REPRESENTATIVE TO THE BOARD.
   14    (E) THE COMMISSION SHALL REQUIRE AN  INDEPENDENT  SYSTEM  OPERATOR  TO
   15  CREATE  THE  POSITION OF CONSUMER LIAISON WHOSE PRIMARY ROLE SHALL BE TO
   16  INTERACT WITH MEMBERS OF THE END-USE SECTOR FOR THE PURPOSES OF:
   17    (I) KEEPING END-USE SECTOR  MEMBERS  INFORMED  ABOUT  DEVELOPMENTS  IN
   18  WORKING GROUPS/SUB-COMMITTEES THAT MAY AFFECT THEIR INTERESTS;
   19    (II) EXPLAINING THE ISSUES AND PROPOSALS UNDER DISCUSSION AT THE WORK-
   20  ING  GROUP/SUB-COMMITTEE  MEETINGS AND PROPOSED FOR CONSIDERATION AT THE
   21  OPERATING COMMITTEE, BUSINESS ISSUES COMMITTEE AND MANAGEMENT  COMMITTEE
   22  AS WELL AS THE RAMIFICATIONS OF THOSE PROPOSALS ON CONSUMERS;
   23    (III)  LISTENING  AND  RESPONDING  TO  THE  QUESTIONS  AND CONCERNS OF
   24  MEMBERS OF THE END-USE SECTOR; AND
   25    (IV) SERVING AS THE LIAISON BETWEEN THE END-USE SECTOR AND THE  DIREC-
   26  TORS DESIGNATED OR ASSIGNED TO PAY PARTICULAR ATTENTION TO THE INTERESTS
   27  OF THE RESIDENTIAL, SMALL BUSINESS AND FARM ELECTRICITY USERS.
   28    (F) THE COMMISSIONER SHALL ANNUALLY ISSUE A REPORT RELATING THE MARKET
   29  OPERATION  OF  AN  INDEPENDENT  SYSTEM  OPERATOR.    SUCH  REPORTS SHALL
   30  INCLUDE, BUT NOT BE LIMITED TO:
   31    (I) ANALYSES BY AN INDEPENDENT SYSTEM OPERATOR  AND  OTHER  SUCH  DATA
   32  COLLECTED  AND  ANALYZED  BY  THE  COMMISSION  INFORMATION ON REAL-TIME,
   33  HOUR-AHEAD AND DAY-AHEAD MARKET  BIDS  AND  BIDDERS  IN  AN  INDEPENDENT
   34  SYSTEM  OPERATOR'S  WHOLESALE  ELECTRICITY MARKET AUCTIONS, TRANSMISSION
   35  CONGESTION CONTRACT AUCTIONS AND INSTALLED MARKET AUCTIONS;
   36    (II) A DETERMINATION OF THE EXTENT TO WHICH  THE  ENERGY  MARKETS  ARE
   37  MAINTAINING NECESSARY LEVELS OF RELIABILITY;
   38    (III) A DETERMINATION OF WHETHER OR NOT ALL CUSTOMER CLASSES ARE BEING
   39  ADEQUATELY SERVED BY COMPETITIVE ENERGY MARKETS;
   40    (IV) A DETERMINATION OF THE COMPETITIVENESS OF ENERGY MARKETS; INCLUD-
   41  ING  A  DETERMINATION  WHETHER OR NOT THE ELECTRIC INDUSTRY IS PROVIDING
   42  CONSUMERS WITH THE LOWEST PRICES POSSIBLE WITHIN A RESTRUCTURED, COMPET-
   43  ITIVE RETAIL MARKETPLACE;
   44    (V) A DETERMINATION OF THE EXTENT TO  WHICH  THE  ENERGY  MARKETS  ARE
   45  ACHIEVING THE ENERGY EFFICIENCY AND FUEL DIVERSITY GOALS OF THE STATE;
   46    (VI)  THE NAME AND TERMS OF THE BOARDS OF DIRECTORS AND AN INDEPENDENT
   47  SYSTEM OPERATOR MANAGEMENT, OPERATING AND BUSINESS COMMITTEE MEMBERS;
   48    (VII) AN INDEPENDENT SYSTEM OPERATOR'S FINANCIAL INFORMATION; AND
   49    (VIII) RECOMMENDATIONS FOR IMPROVING ANY DEFICIENCIES SO IDENTIFIED IN
   50  ELECTRICITY ENERGY  MARKETS,  INCLUDING  NON-COMPETITIVE  PRICING  SITU-
   51  ATIONS.  THE  COMMISSION  SHALL  SUBMIT SUCH REPORT TO THE GOVERNOR, THE
   52  PRESIDENT PRO TEM OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINOR-
   53  ITY LEADERS OF THE SENATE AND THE ASSEMBLY, THE  CHAIRS  OF  THE  ENERGY
   54  COMMITTEES  OF  THE  SENATE AND THE ASSEMBLY, NO LATER THAN APRIL FIRST,
   55  TWO THOUSAND FOURTEEN AND ANNUALLY THEREAFTER.
   56    S 2. This act shall take effect immediately.