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Matters

ESCO Seeks Tariff Waiver at N.Y. PSC

June 22, 2015

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Copyright 2010-15 EnergyChoiceMatters.com
Reporting by Karen Abbott • kabbott@energychoicematters.com

Energy Technology Savings, Inc. petitioned the New York PSC for a waiver of the requirement of the Consolidated Edison tariff that telecommunications service to locations otherwise eligible to participate in the demand reduction programs established in Riders S and U of the tariff must have been in place thirty days prior to July 1, 2015, in order for those locations to participate in those programs.

ETS sought this waiver only where, as in its case: (1) Con Edison-approved interval meters have been installed at least 30 days prior to July 1, 2015; (2) those meters have the ability to store and have stored all customer usage data required by Con Edison for participation in its demand response programs; and (3) the telecommunications service required for Con Edison to access that data has become operational no later than June 30, 2015.

"In such circumstances, Con Edison will receive all of the baseline consumption data required by the Tariff, and there is no reason to prevent ETS, its clients, or other similarly situated entities from participating in these demand response programs," ETS said.

"Failure to grant the waiver requested in this Petition will unnecessarily exclude ETS and its clients, AvalonBay Communities, Inc. ('AvalonBay') and the Related Companies, from participating in Con Edison's demand response programs during the Summer Capability Period of 2015. As the Commission is no doubt aware, AvalonBay and the Related Companies are two of the largest owners of multifamily and commercial buildings in New York City and the surrounding areas," ETS said.

Both Rider S and Rider U contain provisions stating that participation under that rider will begin on the first day of the first Capability Period month that occurs after ConEd's acceptance of a completed application and, "at least 30 days after both the interval metering and communications become operational, but no later than July 1."

ETS said that it was unable to secure expedient cooperation from the telecommunications industry at four locations in preparing the location for participation in the demand response programs. "As a result, while interval meters were installed by Con Edison at each of these additional ETS accounts on or before June 1, 2015, telecommunications service to those locations could not be secured by that date. Telecommunications service to two of these locations was installed on June 9, 2015, and the other two locations are scheduled to be in service on June 24, 2015," ETS said.

Collectively, these four buildings represent over 1 MW of peak demand

"At each of these four locations, the Con Edison-approved interval meter chosen by ETS has onboard memory and contains a telephone and Ethernet/modem combo card that stores more than thirty days of interval metering data. Con Edison will be able to access this data as soon as telecommunications service is in place. Thus, for two of these four locations, Con Edison already has access to all of the interval data that it would have had if telecommunications service had been in place on June 1, 2015. For the other two locations, Con Edison will have all of this interval data in the very near future and well in advance of July 1, 2015," ETS said.

"ETS understands that the Commission may need to comply with the notice and comment requirements of the State Administrative Procedure Act prior to granting this waiver request and, as a result, that the Commission may be unable to act on this waiver request prior to July 1, 2015. ETS has submitted to Con Edison the applications required for these four locations to participate in its demand reduction programs in a timely manner and is pleased to report that Con Edison has agreed to provide ETS with notice of all demand reduction events, so that ETS can voluntarily supply Con Edison with load reduction services while its waiver petition is pending before the Commission. ETS understands and accepts that it will receive no compensation from Con Edison for these load reduction services unless and until the Commission grants this waiver request. Accordingly, the relief requested herein will not become moot if the Commission is unable to act prior to July 1, 2015," ETS said

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