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March 21, 2017 March 21, 2017 Hon. Kathleen H. Burgess Secretary to the Commission New York State Public Service Commission 3 Empire State Plaza Albany, New York 12223-1350 [email protected] Filed Electronically Re: Petition to Submeter Electricity at Two Waterline Square, a property of RCB 1NOMINEE LLC c/o GID Development Group Dear Secretary Burgess, RCB 1 NOMINEE LLC (the "Owner") as owner, of Two Waterline Square ("Property"), hereby submits this petition for approval pursuant to 16 NYCRR 96.2(a) of the Public Service Commission's ("PSC") Rules and Regulations, to submeter electricity to a new residential complex. The Property and all units are located within the service territory of Con Edison, Inc. ("Con Edison"). The Property is new construction consisting of a 37-story and a 24-story tower connected by a common base. The Property will include rental units, for-sale condominiums, and ground floor retail space. There will be separate addresses for the residential units and retail spaces. Retail spaces will be direct metered by Con Edison and are not applicable to this petition. Property amenities include, but are not limited to, bike storage, dog was rooms, central laundry facilities, and garage parking. The Property will border the new Waterline Square Park, a 2.6-acre park and open space. Residents will also have access to the Waterline Club, a 100,000 square foot amenity space located in the cellar spaces below the park. Owner's Corporate and Property information are listed on Exhibit A. The Owner's submetering plan is listed below in accordance with the requirements of 16 NYCRR 92.6(a). Accordingly, the Owner respectfully requests the Commission to approve this petition. 1. Economic Advantages of Submetering Over Direct Utility Metering: The economic advantage of submetering will allow the Residents the ability to control their usage of electricity and conserve energy thereby reducing the overall building consumption of electricity. Additionally, the cost of submetering is substantially less than a direct metering conversion while still allowing the Property to maintain its utility average rate and eligibility to collect an incentive from New York State Energy Research and Development Authority ("NYSERDA") from its Advanced Submetering Program ("ASP"). As a master-metered building, the Property will also be eligible to implement energy conservation measures, which are not cost effective if the building were to be directly metered. Furthermore, there are many advantages related to the use of the Eaton Power Xpert Multipoint ("PXMP") submetering system, such as the PXMP submetering system includes remote reading capabilities utilizing a central meter server which collects the data of the individual unit meters. Each meter is installed in the electric distribution closet and the current meter reading and usage will be visible for each unit, so Residents may monitor their usage of electricity in between receiving the monthly bills. The PXMP is equipped with two Modbus RTU communication ports for local display and report serial communications. Meters communicate together wirelessly forming a wireless network, communicating to the central meter server through receivers. This communication will allow a more cost effective submetering system due to the elimination of control wiring. Each of the meters will remain in constant communication with the meter server through the wireless receiver, where all meter data will be stored. The data that is sent to the meter server will include the hourly usage of electricity for each apartment at the Property. The advantages to the PXMP submetering system are many, and include fair energy cost allocation based on actual Resident consumption, which can be used to help modulate the boiler, instead of using the outdoor temperature reset, which can cause over/under heating of certain units. The PXMP submetering system also has the advantages of daily data availability for usage analysis and the convenience of a remotely read system, whereby entry to the premises is not required for meter reading. Additionally, the building will have web-based access to the metering system and can be alerted to any abnormalities, including meter failure. 2. Description and Specifications of the Submetering System to be Installed: The submetering system installed is PXMP submetering system to measure electricity consumption at the residential units. These submeters have met the PSC and NYSERDA accuracy and meter testing requirements for residential submetering and are also eligible for use in NYSERDA's ASP program. Owner will have the capability to terminate electric service to individual units, at each individual unit 125 AMP breaker, located in electrical distribution closet on each floor. Remote reading capability is possible through the use of wireless communication and meter server system. Exhibit B includes meter description and specifications for this Property. 3. Methods Used to Calculate Individual Resident Bills: The average rate calculation is derived by taking the total dollar cost charged to the building by Con Edison and dividing it by the total electric usage (kWh) of the building for a specific period. The cost per kWh is then multiplied by the residential unit's actual consumption. The average rate includes components, such as: Basic Service Charge: Charge for basic system infrastructure and customer-related services including customer accounting, meter reading and meter maintenance. Energy Delivery: Charge for maintaining the system through which Con Edison provide electricity to you. Demand Delivery: Charge for maintaining the system through which Con Edison delivers electricity to you. System Benefit Charge: The System Benefits Charge recovers costs associated with energy efficiency program implemented by Company and the New York State Research and Development Authority (NYSERDA). Meter Charges: Charge includes $1 .74 for the meter(s}, $2.83 for meter reading, and $2.72 for maintenance. Temporary NY State Surcharge: Covers new fees imposed by the state. kWh: The unit of electricity usage measured by your meter. One kWh will light a 100 watt bulb for 10 hours. The meter multiplier is the factor by which the meter reading difference is multiplied to determine your usage. Demand or kW is the highest amount of electric usage in any half hour during the billing period. The following is an example of the formula that will be used to derive a Resident's electricity charges based on average rate and monthly usage of 250 kWh: Sam12le Descri12tion Total Calculation Total Building's Cost: $AAA.AA Provided by Con Edison Total Building Consumption BBBB (kWh) Rate: $AAA.AA/BB BB $CC.CC/kWh 250 kWh usage for Unit: 250 times $XX.XX $CC.CC Divided by # Residents (D) $XX.XX.ID Resident Cost: $ZZ.ZZ In no event will the total billed to Resident for a billing period exceed Con Edison's total charges for delivery and commodity in that billing period. Owner's Billing Agent will administer the monthly electric submetering bills. Bills shall be issued each month based on Residents actual consumption which is obtained through on meter readings. A sample electric bill is attached as Exhibit C. Consistent with the Commission's rules and regulations, the meter reading data and billing calculations will be documented and retained for a six (6) year period for each unit. 4. Plan for Complying with the Provisions of HEFPA: When a Resident has a question about their electric bill or believes the electric bill is inaccurate the following protocol will be followed: Resident should submit the complaint to the Property Manager, including the action or relief requested and/or the reason for a complaint about a submetering charge. The Property Manager shall investigate and respond to the complaint in writing within fifteen (15) days of the receipt of the complaint. If the Resident and the Property Manager cannot reach an equitable agreement and Resident continues to believe the complaint has not been adequately addressed, then the Resident may file a complaint with the Public Service Commission through the Department of Public Service. Alternatively, Residents may contact the Department of Public Service at any time concerning submetered service in writing at New York State Department of Public Service, 3 Empire State Plaza, Albany, New York 12223, by telephone at 1-800-342-3377, in person at the nearest office at 90 Church Street, New York, NY 10007, or via the internet at www.dps.ny.gov. In the event of non-payment of electric charges, the Owner shall afford the Resident all notices and protections available to such Resident pursuant to the Home Energy Fair Practices Act (HEFPA) before any action(s) based on such non-payment, including termination of service, is commenced. Attached hereto as Exhibit Dis a HEFPA Implementation Plan and supporting documents 5. Submetering Identification Form: The Submetering Identification Form is attached as Exhibit E hereto. 6. Method Used to Back Out Electric Charges from Rent: This section is not applicable. The Property is new construction and submetered electric charges will be billed separately from rent. 7. Lease Document: Owner, by the undersigned, hereby confirms that the submetering complaint procedures, HEFPA rights and responsibilities of Residents, and a provision stating that submetering refunds will be credited to submetered Resident affected by the submeterer actions that led to such refund, provided that the submeterer has Resident contact information, shall be included in plain language in all leases or agreements governing the submetered Property. A section in the lease will notify each Resident that their apartment unit is submetered for electricity, addendums will be issued for current Residents. The lease provision will clearly outline the complaint process for the Residents and will specify the rate calculation, and Resident's protection and enforcements mechanisms. Lease is to be provided at a later date due to leasing of property not set to occur until July 2018. 8. Letter to Provider of Petition to Submeter: Notice of Intent was submitted to Con Edison, the utility company providing services to the Property to be submetered, March 20, 2017, via overnight mail.
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