S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3543
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 12, 2015
                                      ___________
       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 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.  1.  Definitions.  For  the  purposes of this section, the
    2  terms:
    3    a. "independent system operator" shall mean any not-for-profit  corpo-
    4  ration formed and operating in the state of New York that is approved by
    5  the United States federal energy regulatory commission to operate in the
    6  state to administer and monitor wholesale electricity markets.
    7    b.  "end use sector member" shall mean any entity that purchases elec-
    8  tricity for its own consumption and not for resale.
    9    2. Board members. The board of directors  of  the  independent  system
   10  operator  shall  include three members who shall represent the interests
   11  of small business owners and farmers. The governor, the speaker  of  the
   12  assembly  and  the  temporary president of the senate shall each appoint
   13  one such member.
   14    3. Disclosure of information. a. An independent system operator  oper-
   15  ating  in  this state shall disclose price data related to its wholesale
   16  market operations including, but not limited to,  information  on  real-
   17  time, hour-ahead and day-ahead bids in the independent system operator's
   18  wholesale  electricity market auctions, transmission congestion contract
   19  auctions and installed capacity market auctions  with  no  more  than  a
   20  three  month  delay.  Such  data  shall be provided in aggregate hourly,
   21  daily, monthly, annual and historical data sets for comparison  purposes
   22  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.
                                                                  LBD02449-01-5
       S. 3543                             2
    1    b.  The  independent  system operator shall also disclose the names of
    2  any bidder that submits a bid in any of the auctions described in  para-
    3  graph a of this subdivision and the amount of the bid.
    4    c.  Such  information  shall be made in a format readily available and
    5  accessible to the public.
    6    4. Consumer liaison. The independent system operator shall appoint  an
    7  employee  to  serve  as consumer liaison, whose primary duty shall be to
    8  interact with members of the end-use sector for the purposes of:
    9    a. keeping end-use sector members informed about developments that may
   10  affect their interests;
   11    b. explaining the issues and proposals under discussion  and  proposed
   12  for  consideration at the operating committee, business issues committee
   13  and management committee as well as the ramifications of those proposals
   14  on residential consumers;
   15    c. responding to the questions and concerns of members of the  end-use
   16  sector; and
   17    d.  serving  as the liaison between the end-use sector and the members
   18  of the operator's board of directors who are designated or  assigned  to
   19  focus on the interests of the residential, small business and farm elec-
   20  tricity users.
   21    5.  Notwithstanding  any  other  provision of law to the contrary, the
   22  independent system operator shall be subject to the provisions of  arti-
   23  cles 6 and 7 of the public officers law.
   24    S  2.  Section 66 of the public service law is amended by adding a new
   25  subdivision 29 to read as follows:
   26    29. (A) FOR THE PURPOSES OF THIS SUBDIVISION:
   27    (I) "INDEPENDENT SYSTEM OPERATOR" SHALL MEAN ANY NOT-FOR-PROFIT CORPO-
   28  RATION FORMED AND OPERATING IN THE STATE THAT IS APPROVED BY THE  UNITED
   29  STATES  FEDERAL  ENERGY REGULATORY COMMISSION TO OPERATE IN THE STATE TO
   30  ADMINISTER AND MONITOR WHOLESALE ELECTRICITY MARKETS; AND
   31    (II) "END USE SECTOR MEMBER" SHALL INCLUDE ANY ENTITY  THAT  PURCHASES
   32  ELECTRICITY FOR ITS OWN CONSUMPTION AND NOT FOR RESALE.
   33    (B)  THE  COMMISSIONER IS AUTHORIZED AND DIRECTED TO PROVIDE OVERSIGHT
   34  AND MONITOR THE MARKET AND CORPORATE OPERATIONS OF AN INDEPENDENT SYSTEM
   35  OPERATOR, INCLUDING  BUT NOT LIMITED TO THE EXTENT TO WHICH IT:
   36    (I) SERVES THE NEEDS OF ALL CUSTOMER CLASSES AND OPERATES IN A  MANNER
   37  THAT IS IN THE BEST INTEREST OF THE PUBLIC;
   38    (II)  ENSURES RELIABILITY, QUALITY AND MAINTENANCE OF THE TRANSMISSION
   39  SYSTEM;
   40    (III) COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK STATE OPEN  MEET-
   41  ING AND FREEDOM OF INFORMATION LAWS; AND
   42    (IV)  CONTRIBUTES  TO  THE  ACHIEVEMENT  OF ENERGY EFFICIENCY AND FUEL
   43  DIVERSITY GOALS OF THE STATE.
   44    (C) THE COMMISSIONER SHALL ANNUALLY ISSUE A REPORT RELATING THE MARKET
   45  AND CORPORATE OPERATIONS OF  THE  INDEPENDENT  SYSTEM  OPERATOR.    SUCH
   46  REPORTS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   47    (I)  ANALYSES  BY  AN  INDEPENDENT  SYSTEM  OPERATOR  AND  OTHER  DATA
   48  COLLECTED AND ANALYZED  BY  THE  COMMISSION  INFORMATION  ON  REAL-TIME,
   49  HOUR-AHEAD  AND  DAY-AHEAD  MARKET  BIDS  AND  BIDDERS IN AN INDEPENDENT
   50  SYSTEM OPERATOR'S WHOLESALE ELECTRICITY  MARKET  AUCTIONS,  TRANSMISSION
   51  CONGESTION CONTRACT AUCTIONS AND INSTALLED MARKET AUCTIONS;
   52    (II)  A  DETERMINATION  OF  THE EXTENT TO WHICH THE ENERGY MARKETS ARE
   53  MAINTAINING NECESSARY LEVELS OF RELIABILITY;
   54    (III) A DETERMINATION OF WHETHER OR NOT ALL CUSTOMER CLASSES ARE BEING
   55  ADEQUATELY SERVED BY COMPETITIVE ENERGY MARKETS;
       S. 3543                             3
    1    (IV) A DETERMINATION OF THE COMPETITIVENESS OF ENERGY MARKETS; INCLUD-
    2  ING A DETERMINATION WHETHER OR NOT THE ELECTRIC  INDUSTRY  IS  PROVIDING
    3  CONSUMERS WITH THE LOWEST PRICES POSSIBLE WITHIN A RESTRUCTURED, COMPET-
    4  ITIVE RETAIL MARKETPLACE;
    5    (V)  A  DETERMINATION  OF  THE  EXTENT TO WHICH THE ENERGY MARKETS ARE
    6  ACHIEVING THE ENERGY EFFICIENCY AND FUEL DIVERSITY GOALS OF THE STATE;
    7    (VI) THE NAME AND TERMS OF THE BOARDS OF DIRECTORS AND OF THE  MEMBERS
    8  OF  THE INDEPENDENT SYSTEM OPERATOR'S MANAGEMENT, OPERATING AND BUSINESS
    9  COMMITTEES;
   10    (VII) AN INDEPENDENT SYSTEM OPERATOR'S FINANCIAL INFORMATION; AND
   11    (VIII) RECOMMENDATIONS FOR IMPROVING ANY DEFICIENCIES SO IDENTIFIED IN
   12  ELECTRICITY ENERGY  MARKETS,  INCLUDING  NON-COMPETITIVE  PRICING  SITU-
   13  ATIONS.
   14    (D) THE COMMISSION SHALL SUBMIT SUCH REPORT TO THE GOVERNOR, THE PRES-
   15  IDENT  PRO  TEM OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY
   16  LEADERS OF THE SENATE AND THE ASSEMBLY, THE CHAIRS OF THE ENERGY COMMIT-
   17  TEES OF THE SENATE AND THE ASSEMBLY, NO  LATER  THAN  APRIL  FIRST,  TWO
   18  THOUSAND SIXTEEN AND ANNUALLY THEREAFTER.
   19    S 3. This act shall take effect immediately.