PSC-18-11-00016-P Eligibility to Participate in RPS Main Tier Solicitations and to Receive Financial Incentives Funded by the RPS Charge

5/4/11 N.Y. St. Reg. PSC-18-11-00016-P

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 18

May 04, 2011

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-18-11-00016-P

Eligibility to Participate in RPS Main Tier Solicitations and to Receive Financial Incentives Funded by the RPS Charge

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 a petition by Covanta Energy Corporation requesting modification to the Renewable Portfolio Standard (RPS) program to make electricity generated from the direct combustion of municipal solid waste an eligible resource.

Statutory authority:

Public Service Law, sections 4(1), 5(2) and 66(1)

Subject:

Eligibility to participate in RPS Main Tier solicitations and to receive financial incentives funded by the RPS charge.

Purpose:

To encourage electric energy generation for the State's consumers from renewable resources.

Substance of proposed rule:

The Commission is considering whether to adopt, modify, or reject, in whole or in part, potential modifications to the Renewable Portfolio Standard (RPS) program proposed by Covanta Energy Corporation (Covanta) in a petition entitled "Verified Petition of Covanta Energy Corporation Requesting Inclusion of Energy from Waste (EfW) as an Eligible Technology in the Main Tier of New York's Renewable Portfolio Standard Program" dated February 11, 2011. Covanta requests that electricity generated from the direct combustion of municipal solid waste be made eligible to participate in RPS Main Tier solicitations for renewable resources. Currently, eligibility in the RPS Main Tier is limited to electricity generated from biogas, biomass, liquid biofuel, fuel cells, hydropower, photovoltaics, ocean or tidal power, and wind power. A determination granting "eligibility" would make new or newly-expanded waste-to-energy facilities potentially eligible to receive financial incentives funded by the RPS charge paid by electric utility company ratepayers throughout New York State. Public authority customers do not pay the RPS charge. Covanta states that it currently operates seven of the ten waste-to-energy generation facilities located in New York State, including facilities located in Onondaga, Niagara, Dutchess, Nassau and Suffolk Counties.

In addition to other comments, parties are invited to comment on whether the Generic Final Environmental Impact Statement dated August 26, 2004 (available at http://www.dps.state.ny.us/03e0188.htm) previously prepared in Case 03-E-0188 adequately addresses the potential adverse environmental impacts that may occur due to the changes in the RPS Program proposed by Covanta [Note: See 6 NYCRR Section 617.9(a)(7) for the State Environmental Quality Review Act regulations regarding supplemental environmental impact statements].

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:

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, 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.

(03-E-0188SP29)