NY State Senate Bill 2017-S5633

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 03, 2018	referred to energy and telecommunications
Apr 21, 2017	referred to energy and telecommunications

2017-S5633 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §66, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1371
2011-2012: S206
2013-2014: S1181
2015-2016: S3540

2017-S5633 (ACTIVE) - Summary

Abolishes the use of a market clearing price relating to the buying of electricity at an auction held by the independent systems operator.

2017-S5633 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5633

 TITLE OF BILL :

An act to amend the public service law, in relation to abolishing the
market clearing price

 PURPOSE :

To abolish the use of a market clearing price relating to the buying
of electricity at an auction held by the Independent System Operator.

 SUMMARY OF PROVISIONS :

Section 1. Amends Section 66 of the Public Service Law by adding three
new subdivisions 29, 30 and 31.

29. Requires the PSC to review rates at least every three years.

30. Prohibits a market clearing price.

31. Requires the PSC to exercise its fullest jurisdiction over the ISO
and bans the PSC from requiring electric utility companies from
divesting itself of electric generating facilities.

 JUSTIFICATION :

The health, welfare, and prosperity of all New York residents require
the provision of adequate, efficient, reliable, environmentally sound,
and lowest-cost electric service at affordable prices.

The current experiment in deregulation of the electric industry in New
York has failed to achieve the goals stated to the public service
commission in its Opinion 96-12, issued and effective on day 20, 1996.
The effect of the de-regulation of New York's electric industry has
resulted in constantly escalating and excessive costs of electricity,
and lowered reliability and safety of the electrical networks in the
state of New York; posing a serious threat to the economic well being,
health, and safety of the residents of and the commerce and industry
in the state.

The auction system monitored and administered by the independent
system operator that is used to distribute energy has resulted in
skyrocketing electric bills. This legislation will abolish this costly
auction system and replace it with one that is less costly and more
within the public's interest.

 LEGISLATIVE HISTORY :

2015-16 - S. 3540 - Energy Committee/A. 1216 - Corporations,
Authorities & Commissions.
2013-14- S. 1181 - Energy Committee/A.  6002 - Corporations,
Authorities & Commissions.

 FISCAL IMPLICATIONS :

N/A.

 EFFECTIVE DATE :
Immediate.

2017-S5633 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5633
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2017
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to  amend the public service law, in relation to abolishing the
   market clearing price
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 66 of the public service law is amended by adding
 three new subdivisions 29, 30 and 31 to read as follows:
   29. REVIEW THE RATES  OF  ANY  PUBLIC  UTILITY  ON  AN  ANNUAL  BASIS,
 PROVIDED  HOWEVER  THAT  UPON A DETERMINATION BY THE COMMISSION THAT THE
 PUBLIC INTEREST DOES NOT REQUIRE SUCH ANNUAL RATE REVIEW,  A  REVIEW  OF
 RATES MAY BE UNDERTAKEN AT NO MORE THAN THREE YEAR INTERVALS.
   30.  (A) USE THE FULLEST EXTENT OF ITS POWERS TO REGULATE THE DISTRIB-
 UTION OF RETAIL ELECTRIC ENERGY TO RETAIL CUSTOMERS IN THE STATE AND, TO
 THE EXTENT NOT PROHIBITED BY FEDERAL LAW, THE TRANSMISSION  OF  ELECTRIC
 ENERGY IN THE STATE.
   (B)  A MARKET CLEARING PRICE MECHANISM FOR THE PURCHASE OF POWER SHALL
 BE FORBIDDEN FOR PURCHASES MADE THROUGH THE WHOLESALE MARKET VIA  A  BID
 PROCUREMENT  OR  AUCTION PROCESS HELD BY THE INDEPENDENT SYSTEM OPERATOR
 ("ISO") OF NEW YORK, OR ANY SUCCESSOR IN LAW AND FUNCTION TO SUCH  ENTI-
 TY.
   (C)  SUCH  AUCTION OR BID PROCUREMENT PROCESS SHALL BE OVERSEEN BY THE
 COMMISSION, WHICH SHALL REQUIRE A DESCENDING CLOCK,  PAY-AS-BID  AUCTION
 IN WHICH BID AMOUNTS WILL CONTINUE TO FALL UNTIL NO BIDDER IS WILLING TO
 SUPPLY  ELECTRICITY  AT  A LOWER PRICE. FOR THE PURPOSES OF THIS ARTICLE
 "DESCENDING CLOCK AUCTION" SHALL BE DEFINED AS AN AUCTION IN  WHICH  THE
 PRICES  DROP  THROUGHOUT  AN  AUCTION OF TIME-LIMITED DURATION; STARTING
 HIGH AND BEING REDUCED GRADUALLY UNTIL THE SUPPLY BID IS JUST SUFFICIENT
 TO MEET THE ELECTRICAL LOAD TO BE PROCURED. PRICES THAT TICK DOWN  IN  A
 ROUND DECREASE BY A DECREMENT; WHICH IS A GIVEN PERCENTAGE OF THE PREVI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07504-01-7

 S. 5633                             2
 
 OUS  PRICE.  BIDDERS  HOLDING THE FINAL BIDS WHEN THE AUCTION CLOSES ARE
 THE WINNERS.
   (D)  BIDDERS  WILL  BE FORBIDDEN FROM KNOWING WHEN THE AMOUNT OF ELEC-
 TRICITY SUPPLY FILLS REQUIREMENTS.
   (E) THE COMMISSION SHALL APPOINT  AN  INDEPENDENT  MARKET  ADVISOR  TO
 REVIEW  MARKET  PRACTICES  AND  BEHAVIOR; THAT WILL RECOMMEND TO THE ISO
 ACTIONS THAT CAN BE TAKEN TO MITIGATE  OR  CORRECT  BEHAVIOR  BY  MARKET
 PARTICIPANTS  THAT  WAS  REASONABLY  CALCULATED TO, OR HAD THE EFFECT OF
 AFFECTING THE FUNCTION OF THE AUCTION PROCESS SO THAT THE WINNING BIDDER
 WAS NOT THE LOWEST PRICE BIDDER.
   (F) UTILITIES MAY BUY POWER FROM MARKETS OTHER THAN THE  ISO,  OR  VIA
 CONTRACTS  WITH  INDIVIDUALS  OR GROUPS OF GENERATING ENTITIES, PROVIDED
 THAT SUCH ELECTRICAL ENERGY MUST BE OFFERED TO  CUSTOMERS  AT  JUST  AND
 REASONABLE RATES.
   31.  (A)  THE COMMISSION SHALL EXERCISE ITS FULL JURISDICTION OVER THE
 ISO OF NEW YORK.
   (B) THE COMMISSION SHALL REGULATE THE RELIABILITY, QUALITY AND MAINTE-
 NANCE BY TRANSMITTERS AND DISTRIBUTORS OF THEIR TRANSMISSION AND  RETAIL
 DISTRIBUTION SYSTEMS.
   (C)  THE  COMMISSION  SHALL REGULATE THE RELIABILITY, QUALITY, MAINTE-
 NANCE, AND PRICE OF GENERATORS.
   (D) THE COMMISSION SHALL NOT REQUIRE ANY INCUMBENT ELECTRIC UTILITY TO
 DIVEST ITSELF OF ANY GENERATION,  TRANSMISSION  OR  DISTRIBUTION  ASSETS
 PURSUANT  TO  ANY PROVISION OF THIS CHAPTER WITHOUT SPECIFIC AUTHORIZING
 LEGISLATION FOR SUCH PURPOSE.
   (E) THE COMMISSION  SHALL  DEVELOP  CODES  OF  CONDUCT  GOVERNING  THE
 CONDUCT  OF INCUMBENT ELECTRIC UTILITIES AND AFFILIATES THEREOF WHEN ANY
 SUCH AFFILIATES PROVIDE, OR CONTROL ANY  ENTITY  THAT  PROVIDES,  GENER-
 ATION, DISTRIBUTION, OR TRANSMISSION SERVICES TO THE EXTENT NECESSARY TO
 PREVENT IMPAIRMENT OF COMPETITION. NOTHING IN THIS CHAPTER SHALL PREVENT
 AN  INCUMBENT  ELECTRIC  UTILITY  FROM  OFFERING METERING OPTIONS TO ITS
 CUSTOMERS.
   § 2. This act shall take effect immediately.

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Senate Bill S5633

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

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2017-S5633 (ACTIVE) - Details

2017-S5633 (ACTIVE) - Summary

2017-S5633 (ACTIVE) - Sponsor Memo

2017-S5633 (ACTIVE) - Bill Text download pdf

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Sponsored By

Joseph A. Griffo

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

Actions

2017-S5633 (ACTIVE) - Details

2017-S5633 (ACTIVE) - Summary

2017-S5633 (ACTIVE) - Sponsor Memo

2017-S5633 (ACTIVE) - Bill Text download pdf

Comments