PSC-40-08-00011-P Approval of a Transfer of Ownership Interests in Generation Facilities

10/1/08 N.Y. St. Reg. PSC-40-08-00011-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 40

October 01, 2008

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-40-08-00011-P

Approval of a Transfer of Ownership Interests in Generation Facilities

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

The Public Service Commission is considering a petition from Equus Power I, L.P. and Pinelawn Power LLC requesting approval of a transfer of ownership interests in generation facilities.

Statutory authority:

Public Service Law, section 70

Subject:

Approval of a transfer of ownership interests in generation facilities.

Purpose:

Consideration of approval of a transfer of ownership interests in generation facilities.

Substance of proposed rule:

The Public Service Commission is considering a petition from Equus Power I, L.P. (Equus) and Pinelawn Power LLC (Pinelawn) requesting approval of a transfer of ownership interests in an approximately 47 MW gas-fired generation facility owned by Equus and located in Freeport, NY and an approximately 79.9 MW dual-fueled generation facility owned by Pinelawn and located in the Town of Babylon, NY. J-POWER USA Generation, L.P. will acquire, indirectly, indirect ownership interests in Equus from Harbinger Independent Power Fund LLC and Freeport Power LLC and direct ownership interests in Pinelawn from Harbinger Pinelawn LLC and DJ Power LLC. The Commission may adopt, reject or modify, in whole or in part, the relief proposed.

Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.state.ny.us/f96dir.htm. For questions, contact:

Leann Ayer, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: leann_ayer@dps. state.ny.us

Data, views or arguments may be submitted to:

Jaclyn A. Brilling, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement

Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.

(08-E-1069SA1)