PSC-50-09-00006-P To Decide Whether to Grant, Deny or Modify, in Whole or in Part, EnerNOC, Inc.'s Petition for Rehearing

12/16/09 N.Y. St. Reg. PSC-50-09-00006-P

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 50

December 16, 2009

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-50-09-00006-P

To Decide Whether to Grant, Deny or Modify, in Whole or in Part, EnerNOC, Inc.'s Petition for Rehearing

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 whether to grant, deny or modify, in whole or in part, EnerNOC, Inc.'s Petition for Rehearing of the Commission's October 23, 2009 Order.

Statutory authority:

Public Service Law, sections 4(1), 5, 8, 20(1), 22, 65 and 66

Subject:

To decide whether to grant, deny or modify, in whole or in part, EnerNOC, Inc.'s Petition for Rehearing.

Purpose:

To decide whether to grant, deny or modify, in whole or in part, EnerNOC, Inc.'s Petition for Rehearing.

Substance of proposed rule:

The Commission is deciding whether to grant, modify or deny, in whole or in part, EnerNOC, Inc.’s Petition for Rehearing of the October 23, 2009 Order Adopting in Part and Modifying in Part Consolidated Edison Company of New York, Inc.'s Demand Response Programs. EnerNOC claims that the Commission committed an error of fact by according no weight to the statements by the Curtailment Service Provider community that the programs’ pricing levels are insufficient for the amount of risk as compared to competing programs. EnerNOC also claims that the Commission committed an error of law by rejecting EnerNOC’s proposal for selecting Curtailment Service Providers without stating a reason for the rejection.

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: [e-mail]

Data, views or arguments may be submitted to:

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.

(09-E-0115SP4)