11/7/12 N.Y. St. Reg. PSC-45-12-00003-EP
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
The Public Service Commission adopted an order approving the transfer of a 115 kV circuit breaker from New York State Electric & Gas Corporation (NYSEG) to AES ES Westover LLC (AES ES), so that AES ES can repair an interconnection at its Westover site, which is crucial to preserving electric reliability in the surrounding region because it connects NYSEG's 115 kV system to its 34.5 kV system, besides also connecting to NYSEG a battery storage system owned by AES ES.
Statutory authority:
Public Service Law, section 70
Finding of necessity for emergency rule:
Preservation of public health, public safety and general welfare.
Specific reasons underlying the finding of necessity:
Approval of the transfer of the 115 kV circuit breaker from NYSEG to AES ES should be adopted on an emergency basis pursuant to SAPA § 202(6). The delays in returning the 34.5 kV and battery system interconnection to service that would occur if the breaker were not transferred would threaten electric reliability. Such diminished reliability would threaten the public health, safety and general welfare. As a result, compliance with the advance notice and comment requirements of SAPA § 202(1) would be contrary to the public interest, and the immediate authorization to transfer the equipment is necessary for the preservation of the public health, safety and general welfare.
Subject:
Transfer Certain Equipment to AES ES Westover LLC.
Purpose:
To approve the transfer of certain equipment to AES ES Westover LLC.
Substance of emergency/proposed rule:
On October 18, 2012, the Public Service Commission issued an Order approving, on an emergency basis, the transfer of a 115 kV circuit breaker from NYSEG to AES ES, so that AES ES can repair an interconnection at its Westover site, which is crucial to preserving electric reliability in the surrounding region because it connects NYSEG’s 115 kV system to its 34.5 kV system, besides also connecting to NYSEG a battery storage system owned by AES ES.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire January 16, 2013.
Text of rule may be obtained from:
Leann Ayer, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email:
leann.ayer@dps.ny.govData, views or arguments may be submitted to:
Jaclyn A. Brilling, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email:
secretary@dps.ny.govPublic 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 amended rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
