S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3758
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ -- 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:
 
   Section  1.  1.  Definitions.  For  the  purposes of this section, the
 terms:
   a. "independent system operator" shall mean any not-for-profit  corpo-
 ration formed and operating in the state of New York that is approved by
 the United States federal energy regulatory commission to operate in the
 state to administer and monitor wholesale electricity markets.
   b.  "end use sector member" shall mean any entity that purchases elec-
 tricity for its own consumption and not for resale.
   2. Board members. The board of directors  of  the  independent  system
 operator  shall  include three members who shall represent the interests
 of small business owners and farmers. The governor, the speaker  of  the
 assembly  and  the  temporary president of the senate shall each appoint
 one such member.
   3. Disclosure of information. a. An independent system operator  oper-
 ating  in  this state shall disclose price data related to its wholesale
 market operations including, but not limited to,  information  on  real-
 time, hour-ahead and day-ahead bids in the independent system operator's
 wholesale  electricity market auctions, transmission congestion contract
 auctions and installed capacity market auctions  with  no  more  than  a
 three  month  delay.  Such  data  shall be provided in aggregate hourly,
 daily, monthly, annual and historical data sets for comparison  purposes
 and shall also reflect seasonal and peak load variations and averages.
   b.  The  independent  system operator shall also disclose the names of
 any bidder that submits a bid in any of the auctions described in  para-
 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.
              

                                                            LBD07555-01-7

 A. 3758                             2
 
   c.  Such  information  shall be made in a format readily available and
 accessible to the public.
   4.  Consumer liaison. The independent system operator shall appoint an
 employee to serve as consumer liaison, whose primary duty  shall  be  to
 interact with members of the end-use sector for the purposes of:
   a. keeping end-use sector members informed about developments that may
 affect their interests;
   b.  explaining  the issues and proposals under discussion and proposed
 for consideration at the operating committee, business issues  committee
 and management committee as well as the ramifications of those proposals
 on residential consumers;
   c.  responding to the questions and concerns of members of the end-use
 sector; and
   d. serving as the liaison between the end-use sector and  the  members
 of  the  operator's board of directors who are designated or assigned to
 focus on the interests of the residential, small business and farm elec-
 tricity users.
   5. Notwithstanding any other provision of law  to  the  contrary,  the
 independent  system operator shall be subject to the provisions of arti-
 cles 6 and 7 of the public officers law.
   § 2. Section 66 of the public service law is amended by adding  a  new
 subdivision 29 to read as follows:
   29. (A) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "INDEPENDENT SYSTEM OPERATOR" SHALL MEAN ANY NOT-FOR-PROFIT CORPO-
 RATION  FORMED AND OPERATING IN THE STATE THAT IS APPROVED BY THE UNITED
 STATES FEDERAL ENERGY REGULATORY COMMISSION TO OPERATE IN THE  STATE  TO
 ADMINISTER AND MONITOR WHOLESALE ELECTRICITY MARKETS; AND
   (II)  "END  USE SECTOR MEMBER" SHALL INCLUDE ANY ENTITY THAT PURCHASES
 ELECTRICITY FOR ITS OWN CONSUMPTION AND NOT FOR RESALE.
   (B) THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO  PROVIDE  OVERSIGHT
 AND MONITOR THE MARKET AND CORPORATE OPERATIONS OF AN INDEPENDENT SYSTEM
 OPERATOR, INCLUDING  BUT NOT LIMITED TO THE EXTENT TO WHICH IT:
   (I)  SERVES THE NEEDS OF ALL CUSTOMER CLASSES AND OPERATES IN A MANNER
 THAT IS IN THE BEST INTEREST OF THE PUBLIC;
   (II) ENSURES RELIABILITY, QUALITY AND MAINTENANCE OF THE  TRANSMISSION
 SYSTEM;
   (III)  COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK STATE OPEN MEET-
 ING AND FREEDOM OF INFORMATION LAWS; AND
   (IV) CONTRIBUTES TO THE ACHIEVEMENT  OF  ENERGY  EFFICIENCY  AND  FUEL
 DIVERSITY GOALS OF THE STATE.
   (C) THE COMMISSIONER SHALL ANNUALLY ISSUE A REPORT RELATING THE MARKET
 AND  CORPORATE  OPERATIONS  OF  THE  INDEPENDENT SYSTEM OPERATOR.   SUCH
 REPORTS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  ANALYSES  BY  AN  INDEPENDENT  SYSTEM  OPERATOR  AND  OTHER  DATA
 COLLECTED AND ANALYZED BY THE COMMISSION INFORMATION ON REAL-TIME, HOUR-
 AHEAD  AND  DAY-AHEAD  MARKET  BIDS AND BIDDERS IN AN INDEPENDENT SYSTEM
 OPERATOR'S   WHOLESALE   ELECTRICITY   MARKET   AUCTIONS,   TRANSMISSION
 CONGESTION CONTRACT AUCTIONS AND INSTALLED MARKET AUCTIONS;
   (II)  A  DETERMINATION  OF  THE EXTENT TO WHICH THE ENERGY MARKETS ARE
 MAINTAINING NECESSARY LEVELS OF RELIABILITY;
   (III) A DETERMINATION OF WHETHER OR NOT ALL CUSTOMER CLASSES ARE BEING
 ADEQUATELY SERVED BY COMPETITIVE ENERGY MARKETS;
   (IV) A DETERMINATION OF THE COMPETITIVENESS OF ENERGY MARKETS; INCLUD-
 ING A DETERMINATION WHETHER OR NOT THE ELECTRIC  INDUSTRY  IS  PROVIDING
 CONSUMERS WITH THE LOWEST PRICES POSSIBLE WITHIN A RESTRUCTURED, COMPET-
 ITIVE RETAIL MARKETPLACE;

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   (V)  A  DETERMINATION  OF  THE  EXTENT TO WHICH THE ENERGY MARKETS ARE
 ACHIEVING THE ENERGY EFFICIENCY AND FUEL DIVERSITY GOALS OF THE STATE;
   (VI)  THE NAME AND TERMS OF THE BOARDS OF DIRECTORS AND OF THE MEMBERS
 OF THE INDEPENDENT SYSTEM OPERATOR'S MANAGEMENT, OPERATING AND  BUSINESS
 COMMITTEES;
   (VII) AN INDEPENDENT SYSTEM OPERATOR'S FINANCIAL INFORMATION; AND
   (VIII) RECOMMENDATIONS FOR IMPROVING ANY DEFICIENCIES SO IDENTIFIED IN
 ELECTRICITY  ENERGY  MARKETS,  INCLUDING  NON-COMPETITIVE  PRICING SITU-
 ATIONS.
   (D) THE COMMISSION SHALL SUBMIT  SUCH  REPORT  TO  THE  GOVERNOR,  THE
 TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE
 MINORITY LEADERS OF THE SENATE AND THE ASSEMBLY, THE CHAIRS OF THE ENER-
 GY COMMITTEES OF THE SENATE AND THE ASSEMBLY, NO LATER THAN APRIL FIRST,
 TWO THOUSAND SEVENTEEN AND ANNUALLY THEREAFTER.
   § 3. This act shall take effect immediately.