Bill Text: NY A07512 | 2017-2018 | General Assembly | Introduced
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 1-0)
Status: (Introduced - Dead) 2017-04-28 - enacting clause stricken [A07512 Detail]
Download: New_York-2017-A07512-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7512 2017-2018 Regular Sessions IN ASSEMBLY April 28, 2017 ___________ Introduced by M. of A. CAHILL -- read once and referred to the Committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01609-01-7A. 7512 2 1 bidders in an independent system operator's wholesale electricity market 2 auctions, transmission congestion contract auctions and installed capac- 3 ity market auctions to be made public with no more than a three month 4 delay. Such information shall be made in a format readily available and 5 accessible to the public including, but not limited to providing such 6 data in aggregate hourly, daily, monthly, annual and historical data 7 sets for comparison purposes as well as data related to seasonal and 8 peak load variations and averages. 9 (d) The commission shall ensure accountability by requiring that an 10 independent system operator's board of directors includes at least three 11 non-governmental appointments that directly represent the interests of 12 residential small business and farm electricity users. The governor, 13 the speaker of the assembly and the temporary president of the senate 14 shall each appoint one representative to the board. 15 (e) The commission shall require an independent system operator to 16 create the position of consumer liaison whose primary role shall be to 17 interact with members of the end-use sector for the purposes of: 18 (i) keeping end-use sector members informed about developments in 19 working groups/sub-committees that may affect their interests; 20 (ii) explaining the issues and proposals under discussion at the work- 21 ing group/sub-committee meetings and proposed for consideration at the 22 operating committee, business issues committee and management committee 23 as well as the ramifications of those proposals on consumers; 24 (iii) listening and responding to the questions and concerns of 25 members of the end-use sector; and 26 (iv) serving as the liaison between the end-use sector and the direc- 27 tors designated or assigned to pay particular attention to the interests 28 of the residential, small business and farm electricity users. 29 (f) The commission shall require an independent system operator to 30 establish and fund an end-use consumer sector consultant for the 31 purposes of: 32 (i) participating in task force, working group and committee meetings 33 as well as in other meetings addressing matters affecting markets admin- 34 istered by an independent system operator; 35 (ii) analyzing existing or proposed market rules regarding wholesale 36 service; and 37 (iii) providing technical assistance, and supporting end-use sector 38 participation in proceedings before the federal energy regulatory 39 commission, the public service commission, or other regulatory and/or 40 adjudicative bodies in matters affecting markets administered by an 41 independent system operator. 42 (g) (i) The commission shall require an independent system operator to 43 file a tariff amendment creating a rate schedule to allow all market 44 participants serving internal New York load to fund costs of hiring an 45 end-use consumer sector consultant. 46 (ii) Costs and fees eligible for recovery through the tariff would 47 include those associated with the end-use consumer sector consultant 48 performing the tasks outlined in paragraph (f) of this subdivision. 49 (iii) Costs and fees not eligible for recovery shall include, but not 50 be limited to, governmental lobbying, public outreach (media, speaking 51 engagements, etc.), and conduct not authorized by the end-use sector. 52 (h) The commissioner shall annually issue a report relating the market 53 operation of an independent system operator. Such reports shall 54 include, but not be limited to: 55 (i) analyses by an independent system operator and other such data 56 collected and analyzed by the commission information on real-time, hour-A. 7512 3 1 ahead and day-ahead market bids and bidders in an independent system 2 operator's wholesale electricity market auctions, transmission 3 congestion contract auctions and installed market auctions; 4 (ii) a determination of the extent to which the energy markets are 5 maintaining necessary levels of reliability; 6 (iii) a determination of whether or not all customer classes are being 7 adequately served by competitive energy markets; 8 (iv) a determination of the competitiveness of energy markets; includ- 9 ing a determination whether or not the electric industry is providing 10 consumers with the lowest prices possible within a restructured, compet- 11 itive retail marketplace; 12 (v) a determination of the extent to which the energy markets are 13 achieving the energy efficiency and fuel diversity goals of the state; 14 (vi) the name and terms of the boards of directors and an independent 15 system operator management, operating and business committee members; 16 (vii) an independent system operator's financial information; and 17 (viii) recommendations for improving any deficiencies so identified in 18 electricity energy markets, including non-competitive pricing situ- 19 ations. The commission shall submit such report to the governor, the 20 president pro tem of the senate, the speaker of the assembly, the minor- 21 ity leaders of the senate and the assembly, the chairs of the energy 22 committees of the senate and the assembly, no later than April first, 23 two thousand eighteen and annually thereafter. 24 § 2. This act shall take effect immediately.
