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What is NYC RCNY § 5-18?

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(a) Paragraph (4) of subdivision (a) of § 22-602 of the Code states that the commissioner may increase the applicable percentages set forth in 66 RCNY § 5-16 "in order to maintain the special rebate at levels comparable to those historically provided under the program, pursuant to rules that are generally applicable to

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§ 5-18 Special Rebates for Those that Applied for ECSP Benefits Prior to November 1, 2000.

RCNY § 5-18

(a)Paragraph (4) of subdivision (a) of § 22-602 of the Code states that the commissioner may increase the applicable percentages set forth in 66 RCNY § 5-16 "in order to maintain the special rebate at levels comparable to those historically provided under the program, pursuant to rules that are generally applicable to distinct classes of energy users." In accordance with this provision, the percentages set forth in 66 RCNY § 5-18(b) shall be applicable to the calculations of special rebates for all eligible energy users, eligible owners, and qualified eligible energy users that applied for ECSP benefits prior to November 1, 2000. These percentages shall be in place from the first billing cycle beginning on or after April 30, 2003.

(b)For all billing cycles prior to the ninety-seventh month of each of the above-noted eligible energy user's, eligible owner's and qualified eligible energy user's benefit period occurring during the period beginning on or after April 30, 2003, each such user shall receive rebates on eligible charges as specified in this paragraph; provided that the applicable rebate percentages shall not, for any affected electric or natural gas account, exceed 100% of the eligible charges or eligible public utility service charges charged in any billing cycle.

(1)The rebate percentage to be applied to eligible charges for electrical-related energy services provided by Con Edison pursuant to its "PSC No. 9 – Electricity Rate Schedule" or "PSC No. 2 – Retail Access Rate Schedule" shall equal the percentages specified in Attachment A of Appendix A to these rules, which shall vary depending on such user's average monthly load factor, applicable service classification and the applicable rate, and whether such user receives discounts on service pursuant to a service rider. If, for any affected user, eligible charges for electrical-related energy services were rendered at more than one service classification and/or at more than one rate for a service classification, the rebate percentages specified in Attachment A of Appendix A to these rules shall apply to the extent that each applicable service classification and/or rate and/or service rider applies to such user. To the extent that any user is served under Con Edison's "PSC No. 9 – Electricity Rate Schedule" its rebate percentages shall be determined as if such user were served under Con Edison's PSC No. 2 – Retail Access Rate Schedule.

(2)The rebate percentage to be applied to eligible charges for natural gas-related energy services provided by Con Edison pursuant to its "PSC No. 9 – Gas Rate Schedule" shall equal the percentages specified in Attachment C of Appendix A to these rules, which shall vary depending on such user's average monthly consumption, applicable service classification and the applicable rate, and whether such user receives discounts on energy services rates pursuant to a service rider or other tariff provision. If, for any affected user, eligible charges for natural gas-related energy services were rendered at more than one service classification and/or at more than one rate for a service classification or if discounted service was provided to part of the consumption rendered through an account pursuant to a service rider or tariff provision, the rebate percentages specified in Attachment C of Appendix A to these rules shall apply to the extent that each applicable service classification and/or rate and/or service rider applies to such user. To the extent that such user is served under "PSC No. 9 – Gas Rate Schedule," its rebate percentages shall be determined as if such user were served under the corresponding full-service rate and service classification and rate.

(3)(A) Except as otherwise provided in subparagraph (B) of this paragraph (3), the rebate percentage to be applied to eligible charges for natural gas-related energy services provided by Keyspan pursuant to its "PSC No. 12 – Gas Rate Schedule" shall equal the percentages specified in Attachment D of Appendix A to these rules, which shall vary depending on the user's average monthly consumption, the applicable service classification and the applicable rate, and whether the user receives discounts on energy services rates pursuant to a service rider or other tariff provisions. If, for any affected user, eligible charges for natural gas-related energy services were rendered at more than one service classification and/or at more than one rate for a service classification or if discounted service was provided to part of the consumption rendered through an account pursuant to a service rider or tariff provision, the rebate percentages specified in Attachment D of Appendix A to these rules shall apply to the extent that each applicable service classification and/or rate and/or service rider or other tariff discount applies to such user. (B) The special rebate levels applicable, pursuant to this paragraph (3), to eligible charges for energy services procured by an eligible energy user from KeySpan pursuant to service classification 4A (High Load Factor service) of its "PSC No. 12 – Natural Gas Rate Schedule" shall be increased during the period beginning on or after April 30, 2003 and ending no later than October 31, 2004, by the amounts set forth in Schedule D-1 of Appendix A of these rules, depending on the user's average monthly consumption, for all eligible energy users that applied for ECSP benefits prior to November 1, 2000 and were certified before February 1, 2001. The special rebate levels applicable, pursuant to this paragraph (3), to eligible charges for energy services procured by an eligible energy user from KeySpan pursuant to service classification 4A (High Load Factor service) of its "PSC No. 12 – Natural Gas Rate Schedule" shall be increased during the period beginning on April 30, 2003 and ending no later than October 31, 2004, by the amount equal to half the amount set forth in such Schedule D-1, depending on the user's average monthly consumption, for all eligible energy users that applied for ECSP benefits prior to November 1, 2000 and were certified during the period beginning on or after January 31, 2001 and ending on or before September 30, 2002.

(4)The rebate percentage to be applied to eligible public utility service charges for electrical-related energy services provided by NYCPUS pursuant to its "Service Tariff No. 4 Rate Schedule" shall equal the percentages specified in Attachment B of Appendix A to these rules, which shall vary depending on the user's average monthly load factor, the applicable service classification and the applicable rate, and whether the user receives discounts on service pursuant to a service rider. If, for any affected user, eligible public utility service charges for electrical-related energy services were rendered at more than one service classification and/or at more than one rate for a service classification, the rebate percentages specified in Attachment B of Appendix A to these rules shall apply to the extent that each applicable service classification and/or rate and/or service rider applies to the user.

(5)The rebate percentage to be applied to eligible charges for natural gas-related energy services provided by a local distribution utility pursuant to an individually-negotiated natural gas sales contract entered into prior to November 1, 2001 and having a transportation price of less than $1.50 per dekatherm, shall be 100%.

(6)The rebate percentage to be applied to eligible charges for energy services provided by LIPA to an eligible energy user or eligible owner that applied for ECSP benefits before November 11, 2000 shall be 49% to the extent services are received through the Power for Jobs program and 57% to the extent energy services are provided by LIPA under its other commercial rates.

(c)For all billing cycles after the ninety-sixth month of each of the above-noted user's benefit period and thereafter during the period beginning with the first billing cycle following June 1, 2001, the applicable rebate percentages on eligible charges, determined as specified in 66 RCNY § 5-18(b), shall be multiplied by an adjustment factor, depending on the month of the benefit period in which the energy services were rendered; provided that the applicable rebate percentages shall not, for any affected electric or natural gas account, exceed 100% of the eligible charges charged in any billing cycle. The adjustment factors are as follows: Month of Benefit Period Adjustment Factor97 through 1080.8 109 through 1200.6121 through 1320.4133 through 1440.2145 and thereafter0.0

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