PSC-11-16-00008-P Proposed Zero-Emissions Credits Purchase Program Regarding Certain Nuclear Power Plants  

  • 3/16/16 N.Y. St. Reg. PSC-11-16-00008-P
    NEW YORK STATE REGISTER
    VOLUME XXXVIII, ISSUE 11
    March 16, 2016
    RULE MAKING ACTIVITIES
    PUBLIC SERVICE COMMISSION
    PROPOSED RULE MAKING
    NO HEARING(S) SCHEDULED
     
    I.D No. PSC-11-16-00008-P
    Proposed Zero-Emissions Credits Purchase Program Regarding Certain Nuclear Power Plants
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
    Proposed Action:
    The Commission is considering an expedited program to purchase credits to maintain the zero-emissions benefits of certain nuclear power plants that can demonstrate a lack of viability absent additional financial support.
    Statutory authority:
    Public Service Law, sections 5(2), 65(1), 66(1), (2), (3), (4), (5) and (6)
    Subject:
    Proposed zero-emissions credits purchase program regarding certain nuclear power plants.
    Purpose:
    To avoid adverse air emissions from fossil-fueled generation that would replace nuclear generation.
    Substance of proposed rule:
    The Commission is considering an expedited program to purchase credits to maintain the zero-emissions benefits of certain nuclear power plants that can demonstrate a lack of viability absent additional financial support. Such support would provide some compensation to the facility for attributes not otherwise monetized in the electricity markets. Support would be provided on demand in the form of per MWh zero-emissions credit (ZEC) payments for actual production pursuant to short-term contracts. The Commission would establish review and contract requirements. The Commission would consider facility refueling cycles in determining the term of such contracts. The price of the ZEC payments would be based on the minimum amount of support necessary above existing revenue streams to cover, among other things, the fuel and operational costs of the facility ("going forward costs") as determined by the Commission after an examination of the books and records of the facility owner. The level of support would be no more than the level otherwise required to encourage new renewable facilities. NYSERDA would administer the contracts on behalf of the Commission. The source of funds for the support, and the costs of administration of the contracts, may come from any of the following sources, if available: (i) existing funds previously collected for other system benefits programs and made available by the Commission for that purpose; (ii) charges imposed by the Commission on retail electric customers for that purpose; and (iii) funds from other sources that become available to the Commission or to NYSERDA for that purpose. The Commission may adopt, modify, or reject, in whole or in part, the program proposed and may resolve related matters.
    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.ny.gov/f96dir.htm. For questions, contact:
    John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: john.pitucci@dps.ny.gov
    Data, views or arguments may be submitted to:
    Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: secretary@dps.ny.gov
    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.
    (15-E-0302SP2)

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