PSC-50-13-00002-EP Modifications of Prior Order Approving Waiver of the Retirement Notice Period So That it May be Transferred and Demolished

12/11/13 N.Y. St. Reg. PSC-50-13-00002-EP

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 50

December 11, 2013

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

EMERGENCY/PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-50-13-00002-EP

Filing Date. Nov. 21, 2013

Effective Date. Nov. 21, 2013

Modifications of Prior Order Approving Waiver of the Retirement Notice Period So That it May be Transferred and Demolished

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 on October 28, 2013, modifying a prior order issued on April 22, 2013, granting Dynegy Danskammer LLC an extension of the period for providing notification that its generation facility located in Newburgh, New York has been retired and will be demolished and authorizing the transfer of the obligation to provide notice to another party.

Statutory authority:

Public Service Law, sections 5(1)(b), 65(1), (2), (3), 66(1), (3), (5), (8), (10) and 70

Finding of necessity for emergency rule:

Preservation of public health, public safety and general welfare.

Specific reasons underlying the finding of necessity:

This action is taken on an emergency basis pursuant to State Administrative Procedure Act (SAPA) § 202(6). The modifications are necessary to address the consequences of FERC’s creation of the new Hudson Valley capacity zone. Electric rates within the new zone are expected to escalate dramatically as of its implementation, which would adversely affect businesses, retard economic development, reduce employment opportunities and cause homeowners to experience financial stress. The modifications to the Notice Period Order will open the possibility of returning the Danskammer facility to operation for the purpose of constraining those rate increases. As a result, compliance of the advance notice and comment requirements of SAPA § 202(1) would be contrary to the public interest, and the modification of the Notice Period Order is necessary for the preservation of the health, safety and general welfare pursuant to SAPA § 202(6).

Subject:

Modifications of prior order approving waiver of the retirement notice period so that it may be transferred and demolished.

Purpose:

To modify the prior order approving waiver of the retirement notice period so that may be transferred and demolished.

Substance of emergency/proposed rule:

The Public Service Commission adopted an order on October 28, 2013, modifying a prior order issued April 22, 2013 in Case 13-E-0012, granting Dynegy Danskammer LLC (Danskammer) an extension of the period for providing notification that its generation facility located in Newburgh, New York has been retired and will be demolished and authorizing the transfer of the obligation to provide notice to another party. The modifications to the prior order will open the possibility of returning the generation facility Danskammer owns to operation for the purpose of constraining rate increases. The Commission may adopt, reject or modify, in whole or in part, the relief adopted in the Order and may resolve related matters.

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 February 18, 2014.

Text of rule may be obtained from:

Deborah Swatling, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Kathleen H. Burgess, 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 amended rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.

(13-E-0012EP1)