§ 5-14 — Special Rebates

§ 5-14 Special Rebates.

(a) (1) A utility that sells energy services to an eligible energy user or eligible owner that applied for ECSP benefits after October 31, 2000, shall be required to make a special rebate to such user equal to the product of the applicable percentage specified for special rebates in the schedule contained in 66 RCNY § 5-16 and the eligible charges for such energy services. (2) A utility other than LIPA that sells energy services to an eligible energy user or eligible owner that applied for ECSP benefits prior to November 1, 2000 shall be required to make a special rebate to such user equal to the product of the applicable percentage specified for special rebates in the schedule contained in § 5-18 of these rules and the eligible charges for such energy services. (3) A utility that sells energy services to a category II on-site cogenerator shall be required to make a special rebate to such cogenerator equal to the product of the applicable percentage specified for special rebates in the schedule contained in 66 RCNY § 5-16 and the eligible on-site cogenerator charges for such energy services. (b) Where, pursuant to a written agreement between NYCPUS and the power authority of the state of New York, NYCPUS sells energy services to an eligible energy user or eligible owner that has been individually approved by such power authority and certified as an eligible energy user or eligible owner pursuant to § 22-602(c) of the Code prior to November 1, 2000, NYCPUS shall make such special rebate to such user in the amount or amounts derived by calculating the full amount of the special rebate to which such eligible energy user or eligible owner would have been entitled pursuant to the schedule contained in 66 RCNY § 5-18 for eligible charges relating to the purchase of such energy services had such user purchased such energy services directly from the utility, and subtracting from such full amount the difference between the eligible charges relating to the purchase of such energy services had such eligible energy user or eligible owner purchased the energy services directly from the utility and the eligible public utility service charges relating to the purchase of such energy services actually charged to such eligible energy user by NYCPUS for actual purchases of energy services from NYCPUS; except that (i) in no event shall the amount of such special rebate exceed the amount of the special rebate to which such eligible energy user would have been entitled pursuant to the schedule contained in 66 RCNY § 5-18 had such eligible energy user or eligible owner purchased the energy services directly from the utility at the price charged by such utility, and (ii) for any monthly billing period where the calculation of such special rebate results in a negative number, the amount of such special rebate shall be deemed to be zero. (c) (1) Where, pursuant to a written agreement between NYCPUS and the power authority of the state of New York, NYCPUS sells energy services to an eligible energy user or eligible owner that has been individually approved by such power authority, has applied for ECSP benefits after October 31, 2000, NYCPUS shall make such special rebate in the amount of the product of the applicable percentage for special rebates specified in the schedule contained in 66 RCNY § 5-16 and the eligible public utility service charges for such energy services. (2) Where, pursuant to such an agreement, NYCPUS sells energy services to a qualified eligible energy user that has been individually approved by such power authority, applied for ECSP benefits prior to November 1, 2000, regardless of the date of certification, NYCPUS shall make such special rebate in the amount of the product of the applicable percentage for special rebates specified in the schedule contained in 66 RCNY § 5-18 and the eligible public utility service charges for such energy services. (3) A user or owner that applied for ECSP benefits as a qualified eligible energy user before November 1, 2000, but was not certified pursuant to 66 RCNY § 5-36 as such prior to such date, may be certified as an eligible energy user after such date and the special rebates to which such user or owner is eligible shall be determined pursuant to 66 RCNY § 5-18 in accordance with these rules. (d) (1) A vendor that sells energy services provided by a utility to an eligible energy user, eligible owner, or on-site cogenerator that applied for ECSP benefits after October 31, 2000, may elect to provide a special rebate that shall be the product of the applicable percentage for special rebates specified in the schedule contained in 66 RCNY § 5-16 and the eligible charges or eligible on-site cogenerator charges for such sales of energy services made by such vendor. (2) A vendor that sells energy services provided by a utility to an eligible energy user, eligible owner, or on-site cogenerator that applied for ECSP benefits prior to November 1, 2000, may elect to provide a special rebate that shall be the product of the applicable percentage for special rebates specified in the schedule contained in § 5-18 of these rules and the eligible charges or eligible on-site cogenerator charges for such sales of energy services made by such vendor. (e) (1) A vendor that sells energy services provided by NYCPUS to an eligible energy user or eligible owner that applied for ECSP benefits after October 31, 2000, may elect to provide a special rebate that shall be the product of the applicable percentage specified for special rebates in the schedule contained in 66 RCNY § 5-16 and the eligible public utility service charges for sales of energy services made by such vendor. (2) A vendor that sells energy services provided by NYCPUS to a qualified eligible energy user that was certified pursuant to § 22-602(c) of the Code prior to November 1, 2000, or to an eligible energy user or eligible owner that applied for ECSP benefits prior to November 1, 2000 and was certified pursuant to 66 RCNY § 5-36 after October 31, 2000 may elect to provide a special rebate that shall be the product of the applicable percentage specified for special rebates in the schedule contained in 66 RCNY § 5-18 and the eligible public utility service charges for sales of energy services made by such vendor. (f) (1) A utility that delivers natural gas to a category I on-site cogenerator that produces electricity for an eligible energy user or eligible owner certified before July 1, 2003, and a utility that delivers natural gas to a clean on-site cogenerator that produces electricity for an eligible energy user and is certified after June 30, 2003, shall be required to make special rebates against the energy bill rendered to such on-site cogenerator by such utility for the sale or delivery, or both, of such gas in the amount or amounts derived by taking the product of 4.44 cents multiplied by an eligibility factor, multiplied by the number of kilowatt hours of electricity produced by such on-site cogenerator and used by such eligible energy user or eligible owner during the billing period, excluding the charges for electricity used for heating any premises, any special charges on such bill, including but not limited to, collection charges, late payment charges, or excess distribution charges, and charges for energy that is resold; where the eligibility factor shall equal 100 percent during the first eight years after initial certification as an eligible energy user, 80 percent during the 9th such year, 60 percent during the 10th such year, 40 percent during the 11th such year and 20 percent during the 12th and final such year, such years to be calculated in accordance with the provisions of 66 RCNY § 5-19. Provided, however, that the number of kilowatt hours of electricity on which the total of the special rebates payable to a clean on-site cogenerator is based in any calendar or fiscal year as specified by the commissioner pursuant to the formula set forth in this paragraph shall not exceed 13,140,000. (2) i) A category I on-site cogenerator and a clean on-site cogenerator may be eligible to receive special rebates based on eligible charges for transportation of natural gas that is not used in the production of electricity. If eligible, such special rebate for a category I cogenerator providing electricity to an eligible energy user that applied before November 1, 2000, shall be equal to the product of such eligible charges and the rebate percentage determined in accordance with 66 RCNY § 5-18. If eligible, such special rebate for a clean on-site cogenerator or a category I on-site cogenerator providing electricity to an eligible energy user that applied after October 31, 2000, shall be equal to the product of such eligible charges and the rebate percentage determined in accordance with 66 RCNY § 5-16. (g) Determination of special rebates payable to category I on-site cogenerators and clean on-site cogenerators by the commissioner. (1) The commissioner shall have the authority to determine the information he or she requires to review and determine appropriate special rebates payable under this section. He or she may require electric and/or thermal production to be metered in a reliable manner and that site visits be made to verify meter readings. (2) A category I on-site co-generator or clean on-site cogenerator has the burden of demonstrating to the commissioner the amount of electricity generated by the cogenerator and the purposes for which such electricity is used. If a determination of such amount or use cannot be made by the commissioner without a survey or such cogenerator is not satisfied with the commissioner's determination, the commissioner may require, or such user may request, that a survey of the applicant's production and usage of energy services be conducted by a person with experience in conducting such surveys satisfactory to DSBS at such user's expense. Upon completion of the survey, the person who prepares such survey shall submit his or her report, together with a certification as to the amount electricity produced and its use to the commissioner for his or her review. (3) A clean on-site cogenerator shall have the burden of demonstrating to the commissioner that its nitrous oxide emissions will not exceed the emissions threshold described herein. If a determination of such amount or use cannot be made by the commissioner without a survey or such cogenerator is not satisfied with the commissioner's determination, the commissioner may require, or such user may request, that a survey of the applicant's production and usage of energy services be conducted by a person with experience in conducting such surveys satisfactory to DSBS at such user's expense. Upon completion of the survey, the person who prepares such survey shall submit his or her report, together with a certification as to the plant's emissions. (4) The commissioner, after reviewing all relevant documentation submitted by the applicant, shall, in his or her sole discretion, determine the special rebate to which such category I cogenerator or clean on-site cogenerator is entitled. If such user disagrees or 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.