§ 5-13 Charges.
RCNY § 5-13
(a)Eligible charges.
(1)Eligible charges are charges for energy services purchased by an eligible energy user, an eligible owner, or a qualified eligible energy user from a utility or from a vendor at a rate or rates established pursuant to an order or rule of the PSC or FERC, other than charges for the purchase of the commodity of natural gas or electricity, and shall include applicable rate reductions for economic development or similar purposes, and all taxes payable thereon and shall exclude charges in accordance with paragraph (2) of this subdivision (a).
(2)Eligible charges shall not include the following charges: (i) any special charges on such bills relating to energy services, including, but not limited to, collection charges, late payment charges, excess distribution charges, or any additional fee charged by a vendor to an eligible energy user for energy services, as authorized by 66 RCNY § 5-11(f)(ii); (ii) charges for energy services that are resold; and (iii) charges for energy services used in the production of electricity or for heating the premises.
(b)Eligible public utility service charges.
(c)Eligible charges for common areas in specially eligible premises.
(d)Eligible on-site cogenerator charges.
(e)Determination of eligible charges, eligible public utility service charges, and eligible on-site cogenerator charges by the commissioner.
(3)The commissioner, after reviewing all relevant documentation submitted by the applicant, shall, in his or her sole discretion, determine those charges that constitute the eligible energy user's, qualified eligible energy user's, or category II on-site cogenerator's eligible charges, eligible public utility service charges, or eligible on-site cogenerator charges to which a special rebate may be applied. If such user disagrees with the commissioner's findings, such user may request an opportunity to be heard in accordance with 66 RCNY §§ 5-45, 5-46 and 5-47.
