4/16/14 N.Y. St. Reg. PSC-15-14-00006-P
Whether to Grant, Deny or Modify, in Whole or in Part, the Petition for Rehearing by Comverge, Inc., et al
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 whether to grant, deny or modify, in whole or in part, the petition for rehearing by Comverge, Inc., et al., seeking modification of the Demand Response programs established by the Commission in an Order dated March 13, 2014.
Statutory authority:
Public Service Law, sections 22, 65(1), 66(1) and (12)(a)
Subject:
Whether to grant, deny or modify, in whole or in part, the petition for rehearing by Comverge, Inc., et al.
Purpose:
Whether to grant, deny or modify, in whole or in part, the petition for rehearing by Comverge, Inc., et al.
Substance of proposed rule:
The Public Service Commission is considering whether to grant, deny or modify, in whole or in part, a petition for rehearing dated March 25, 2014 by Comverge, Inc., EnergyConnect, EnerNOC, Inc., and Innoventive Power, LLC (Petitioners) seeking rehearing of the Commission’s Order Adopting Tariff Revisions With Modifications dated March 13, 2014. According to the Petitioners, the Commission should modify its Order and adopt the Demand Response pricing proposed by Consolidated Edison Company of New York, Inc. (Con Edison) in its original tariff filing. In addition, the Petitioners also request that the Commission restructure the incentive payment as follows:
1. Make the three-year incentive payment contingent upon the customer performing on average of 80% or higher across all hours in each season.
2. Instead of completely resetting the clock in any season where the customer dropped below 80% on average, simply throw that year out and don’t allow it to count toward the three years.
3. Clarify that the same customer can receive a three-year incentive payment more than once as long as they meet the Commission requirements.
4. Eliminate the requirement to pledge an amount of load reduction in years two and three of the three-year incentive period that is equal to or higher than the first year amount.
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:
Deborah Swatling, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2659, email:
Deborah.Swatling@dps.ny.govData, 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.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 proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
