PSC-23-14-00006-P Petitioner Requests an Order Authorizing Maintenance Resource Support Under the Renewable Portfolio Standard Program

6/11/14 N.Y. St. Reg. PSC-23-14-00006-P

NEW YORK STATE REGISTER

VOLUME XXXVI, ISSUE 23

June 11, 2014

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-23-14-00006-P

Petitioner Requests an Order Authorizing Maintenance Resource Support Under the Renewable Portfolio Standard Program

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 filed by ReEnergy Lyonsdale LLC requesting maintenance resources for 22 MW biomass electric generating facility located in Lyonsdale, New York.

Statutory authority:

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

Subject:

Petitioner requests an order authorizing maintenance resource support under the Renewable Portfolio Standard Program.

Purpose:

To enable continued operation of a 22 MW biomass fueled electric generating facility in Lyonsdale, New York.

Substance of proposed rule:

The Commission is considering whether to adopt, modify, or reject, in whole or in part, the proposals set forth in a petition dated April 17, 2014, filed by ReEnergy Lyonsdale, LLC. The petition seeks an order authorizing maintenance resource support under the Renewable Portfolio Standard (RPS) program as necessary to allow the continued operation of a 22 MW biomass-fueled electric generating facility located in Lyonsdale, New York, for a period of three-years. ReEnergy further requests that the Commission allow Lyonsdale the option to accept or reject any maintenance tier award offered by the Commission so that Lyonsdale may alternatively choose to participate in NYSERDA’s next Main Tier solicitation. Additionally, ReEnergy respectfully requests that the Commission act expeditiously in its review of ReEnergy’s request for a maintenance tier award so that an order may be issued in sufficient time to allow ReEnergy to implement a plan to keep the Facility in operation past 2014. Petitioners assert that continued operation of the facility will serve the public interest by providing needed renewable energy, jobs, and local investment in Western New York. Lastly, ReEnergy respectfully requests that the Commission, in its order, authorize ReEnergy to enter into a Main Tier contract with NYSERDA in excess of 3 years should the Commission remove or modify the 10-year RPS contract term cap while ReEnergy’s current request is pending.

The Commission is considering the explicit relief requested within the petition and other related issues raised in the petition. The Commission could provide such enhanced RPS benefits either by restructuring an existing seven-year RPS Main Tier Agreement, or by establishing a new program of supplemental benefits for biomass facilities similar to the Maintenance Tier that the Commission established for renewable energy resources already in existence when the RPS program was first adopted.

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, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Kathleen H. Burgess, 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-0188SP49)