Senate Bill S1337B

2013-2014 Legislative Session

Relates to providing oversight and monitoring the operations of an independent system operator

download bill text pdf

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to energy and telecommunications
May 30, 2013	print number 1337b
May 30, 2013	amend and recommit to energy and telecommunications
Apr 10, 2013	print number 1337a
Apr 10, 2013	amend and recommit to energy and telecommunications
Jan 09, 2013	referred to energy and telecommunications

Bill Amendments

Original

B (Active)

co-Sponsors

2013-S1337 - Details

See Assembly Version of this Bill:: A6255
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §66, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7415, A10117
2015-2016: S3543, A1928
2017-2018: S5632, A3758

2013-S1337 - Summary

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.

2013-S1337 - Sponsor Memo

                                BILL NUMBER:S1337

TITLE OF BILL:
An act
to amend the public service law, in relation to providing oversight and
monitoring the operations of an independent system operator

PURPOSE:
To provide oversight and monitoring of the operations of an
independent system operator.

SUMMARY OF PROVISIONS:
Section one of the bill defines an independent
system operator, its board members, requires disclosure of
information it must make available to the public, the appointment
of a consumer liaison, and makes it subject to the open meetings law.

Section 2 of the bill amends the public service law in relation to an
independent system operator.

Section 3 is the effective date.

JUSTIFICATION:
Many of the decisions that govern the sale, purchase
and transmission of electricity in New York State are made by a
federally approved independent system operator with limited input

from New York consumers.

This legislation recognizes and addresses the fact that individual
action by residential consumers, small businesses and farmers for the
purposes of participating in independent system operator processes
and communicating their views is difficult due to the expense of
taking such action.

It is difficult for typical New Yorkers to remain on top of the day
to-to-day activities of an independent system operator. In many
instances, the only people who can attend and participate in the
decision making processes of an independent system operator are most
likely representatives of generators, transmission owners, utilities
and others.

Requiring greater consumer participation will spur a more open and
accountable independent system operator process that may yield
creative and responsible solutions to the difficult issues associated
with electricity markets in New York State.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2013-S1337 - Bill Text download pdf

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

                                  1337

                       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:

  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02300-01-3

S. 1337                             2

  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.
  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
section 74-a and article 7 of the public officers law.
  S  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;

S. 1337                             3

  (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;
  (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 PRES-
IDENT  PRO  TEM OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY
LEADERS OF THE SENATE AND THE ASSEMBLY, THE CHAIRS OF THE ENERGY COMMIT-
TEES OF THE SENATE AND THE ASSEMBLY, NO  LATER  THAN  APRIL  FIRST,  TWO
THOUSAND THIRTEEN AND ANNUALLY THEREAFTER.
  S 3. This act shall take effect immediately.

co-Sponsors

2013-S1337A - Details

See Assembly Version of this Bill:: A6255
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §66, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7415, A10117
2015-2016: S3543, A1928
2017-2018: S5632, A3758

2013-S1337A - Summary

2013-S1337A - Sponsor Memo

                                BILL NUMBER:S1337A

TITLE OF BILL:  An act to amend the public service law, in relation to
providing oversight and monitoring the operations of an independent
system operator

PURPOSE:

To provide oversight and monitoring of the operations of an
independent system operator.

SUMMARY OF PROVISIONS:

Section one of the bill defines an independent system operator, its
board members, requires disclosure of information it must make
available to the public, the appointment of a consumer liaison, and
makes it subject to the open meetings law.

Section 2 of the bill amends the public service law in relation to an
independent system operator.

Section 3 is the effective date.

JUSTIFICATION:

Many of the decisions that govern the sale, purchase and transmission

of electricity in New York State are made by a federally approved
independent system operator with limited input from New York
consumers.

This legislation recognizes and addresses the fact that individual
action by residential consumers, small businesses and farmers for the
purposes of participating in independent system operator processes and
communicating their views is difficult due to the expense of taking
such action.

It is difficult for typical New Yorkers to remain on top of the day
-to-day activities of an independent system operator. In many
instances, the only people who can attend and participate in the
decision making processes of an independent system operator are most
likely representatives of generators, transmission owners, utilities
and others.

Recruiting greater consumer participation will spur a more open and
accountable independent system operator process that may yield
creative and responsible solutions to the difficult issues associated
with electricity markets in New York State.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


Immediately.

2013-S1337A - Bill Text download pdf

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

                                 1337--A

                       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   --   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:

  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.

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

                                                           LBD02300-02-3

S. 1337--A                          2

  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.
  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
section 74-a and article 7 of the public officers law.
  S  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;

S. 1337--A                          3

  (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;
  (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 PRES-
IDENT  PRO  TEM OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY
LEADERS OF THE SENATE AND THE ASSEMBLY, THE CHAIRS OF THE ENERGY COMMIT-
TEES OF THE SENATE AND THE ASSEMBLY, NO  LATER  THAN  APRIL  FIRST,  TWO
THOUSAND FOURTEEN AND ANNUALLY THEREAFTER.
  S 3. This act shall take effect immediately.

co-Sponsors

2013-S1337B (ACTIVE) - Details

See Assembly Version of this Bill:: A6255
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §66, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7415, A10117
2015-2016: S3543, A1928
2017-2018: S5632, A3758

2013-S1337B (ACTIVE) - Summary

2013-S1337B (ACTIVE) - Sponsor Memo

2013-S1337B (ACTIVE) - Bill Text download pdf

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

                                 1337--B

                       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   --   committee   discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said  committee  --  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:

  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,

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

                                                           LBD02300-03-3

S. 1337--B                          2

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.
  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.
  S  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;

S. 1337--B                          3

  (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;
  (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 PRES-
IDENT PRO TEM OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE  MINORITY
LEADERS OF THE SENATE AND THE ASSEMBLY, THE CHAIRS OF THE ENERGY COMMIT-
TEES  OF  THE  SENATE  AND  THE ASSEMBLY, NO LATER THAN APRIL FIRST, TWO
THOUSAND FOURTEEN AND ANNUALLY THEREAFTER.
  S 3. This act shall take effect immediately.

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Senate Bill S1337B

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

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George D. Maziarz

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

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2013-S1337 - Details

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