§ 5-11 Energy Users.
RCNY § 5-11
(a)Only eligible energy users, eligible owners, qualified eligible energy users and on-site cogenerators, as described in, and to the extent permitted by, the Act and these rules are eligible for special rebates under ECSP.
(b)Eligible energy users, eligible owners, qualified eligible energy users and on-site cogenerators shall not include the following users of electricity and/or natural gas: (1) residential users; (2) government agencies; (3) public benefit corporations, or instrumentalities thereof; (4) hotels; and (5) retail vendors.
(c)An eligible energy user is an applicant or recipient that meets the criteria in paragraph (1) of this subdivision or is an eligible owner that meets the criteria in paragraph (2) of this subdivision: (1) Such applicant or recipient: (i) purchases energy services from a utility, vendor or NYCPUS; (ii) relocates to and occupies premises that qualify as replacement premises or occupies premises that are specially eligible premises or a portion of such premises; and (iii) otherwise complies with all requirements of the Act and these rules applicable to an eligible energy user or (2) Such applicant or recipient, referred to as an eligible owner, (i) purchases energy services from a utility or NYCPUS; (ii) owns, operates or manages real property and/or a building, which building and/or real property qualifies as a specially eligible premises; and (iii) otherwise complies with all requirements of the Act and these rules applicable to an eligible owner.
(3)An applicant or recipient may, if all requirements are met, qualify as both (i) an eligible owner and (ii) an eligible energy user and/or qualified eligible energy user. In such cases, the applicant or recipient may be an eligible owner with respect to the specially eligible premises as a whole and therefore may be entitled to a special rebate applied against certain eligible charges with respect to common areas and/or equipment, as provided in 66 RCNY § 5-13(c). Such an applicant or recipient may also be an eligible energy user or qualified eligible energy user with respect to the premises it occupies within such specially eligible premises or targeted eligible premises, as the case may be, and therefore may be entitled to a special rebate applied against certain other eligible charges or eligible public utility charges with respect to such premises, as provided in these rules. Provided, however, that no portion of energy services used by such an applicant or recipient shall be the basis for more than one special rebate.
(d)A qualified eligible energy user is a recipient that: (i) has been certified as a qualified eligible energy user in accordance with the Act prior to November 1, 2000; (ii) purchases energy services from NYCPUS or a vendor that purchases such services from NYCPUS; and (iii) otherwise complies with all requirements of the Act and these rules applicable to a qualified eligible energy user.
(e)(1) An on-site cogenerator is an applicant or recipient that: (i) meets the definition of a category I or category II on-site cogenerator or a clean on-site cogenerator in 66 RCNY § 5-02; (ii) purchases energy services relating to natural gas from a utility; (iii) otherwise complies with all requirements of the Act and these rules applicable to a category I or category II on-site cogenerator or a clean on-site cogenerator, respectively, and (iv) sells substantially all its electricity output to eligible energy users on the same site.
(2)A category I or clean on-site cogenerator may, if all requirements are met, qualify as an eligible energy user with respect to charges for energy services that are not used in the production of electricity, including charges for the production of thermal product, provided, however, that no portion of energy services, or natural gas energy services in the case of a category I on-site cogenerator or a clean on-site cogenerator, used by such on-site cogenerator shall be the basis for more than one special rebate.
(f)Notwithstanding the foregoing provisions of this section, an occupant of replacement premises, specially eligible premises, or targeted eligible premises shall not be an eligible energy user or qualified eligible energy user unless: (i) the energy services used and electricity and natural gas consumed by such occupant at such premises are individually and accurately metered or submetered and billed so as to enable a determination of the occupant's usage of and charges for energy services, natural gas and electricity; and (ii) for any occupant purchasing energy services, natural gas or electricity from a vendor, the price charged by such vendor shall be no higher than the price that the occupant would have been charged directly by a utility for energy services pursuant to the applicable tariffs of the PSC or FERC, provided that an additional fee, not exceeding 12% may be charged by such vendor; and (iii) such vendor shall separately state in each bill for such services, electricity and natural gas the price, charges and fees (if any) that are included in such bill and the amount of the special rebate made to such occupant or that no special rebate has been made.
