PSC-09-09-00015-EP Installed Reserve Margin of 16.5% for the NY Control Area for the Capability Year Beginning 5/1/09 Through 4/30/10

3/4/09 N.Y. St. Reg. PSC-09-09-00015-EP

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 9

March 04, 2009

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

EMERGENCY/PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-09-09-00015-EP

Filing Date. Feb. 17, 2009

Effective Date. Feb. 17, 2009

Installed Reserve Margin of 16.5% for the NY Control Area for the Capability Year Beginning 5/1/09 Through 4/30/10

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

Proposed Action:

On February 12, 2009, the PSC approved an order adopting an Installed Reserve Margin of 16.5% for the New York Control Area for the Capability Year beginning May 1, 2009 and ending April 30, 2010.

Statutory authority:

Public Service Law, sections 4, 5, 65 and 66

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 SAPA § 202(6). The adequacy and reliability of the supply of electricity is essential to the public health, safety and general welfare of the citizens of New York. The IRM must be in place prior to the March 30, 2009 ICAP auction in order to provide market participants adequate notice to inform their bidding and to enable the NYISO to conduct the ICAP auction without disruption. A failure to timely adopt the IRM could potentially impair the availability of bidders and adversely affect the adequacy of capacity supply and the reasonableness of capacity prices. 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 adoption of an IRM is necessary for the preservation of the public health, safety and general welfare.

Subject:

Installed Reserve margin of 16.5% for the NY Control Area for the Capability Year beginning 5/1/09 through 4/30/10.

Purpose:

To adopt and Installed Reserve margin of 16.5% for the NY Control Area for the Capability Year beginning 5/1/09 to 4/30/10.

Substance of emergency/proposed rule:

The Commission, on February 12, 2009, approved an order adopting an Installed Reserve Margin of 16.5% for the New York Control Area for the Capability Year beginning May 1, 2009 and ending April 30, 2010, subject to the terms and conditions set forth in the order.

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 May 17, 2009.

Text of rule may be obtained from:

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:

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

A regulatory impact statement is 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.

Regulatory Flexibility Analysis

A regulatory flexibility analysis is 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.

Rural Area Flexibility Analysis

A rural area flecibility analysis is 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.

Job Impact Statement

A job impact statement is 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.

(07-E-0088SA3)