PSC-25-13-00014-P Determination that NiGen is not Subject to Lightened Regulation and is an Exempt Alternate Energy Production Facility

6/19/13 N.Y. St. Reg. PSC-25-13-00014-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 25

June 19, 2013

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-25-13-00014-P

Determination that NiGen is not Subject to Lightened Regulation and is an Exempt Alternate Energy Production Facility

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 Niagara Generation LLC (NiGen) requesting that it be determined it is not subject to lightened regulation and is within the exemption from regulation for an alternate energy production facility.

Statutory authority:

Public Service Law, sections 2(2-b), (2-d), (3), (4), (13), 5(1)(b), 64, 65, 66, 68, 69, 69-a, 70, 71, 72, 72-a, 75, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 114-a, 115, 117, 118, 119-b and 119-c

Subject:

Determination that NiGen is not subject to lightened regulation and is an exempt alternate energy production facility.

Purpose:

Consideration of if NiGen is subject to lightened regulation or is an exempt alternate energy production facility.

Substance of proposed rule:

The Public Service Commission is considering a petition filed on May 30, 2013 by Niagara Generation LLC (NiGen) requesting that it be determined it is not subject to lightened regulation and is within the exemption from regulation for an alternate energy production facility. Niagara states that it was granted lightened regulation of its approximately 51 MW generation facility located in Niagara Falls, New York, fueled with biomass and solid waste supplemented by coal that constitutes no more than 25% of BTU fuel input annually, by Order dated January 22, 2007 in Case 06-E-1301, but that it is instead entitled to the exemption from regulation for an alternate energy production facility. The Commission may adopt, reject or modify, in whole or in part, the relief 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:

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:

Jeffrey C. Cohen, Acting 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.

(13-E-0233SP1)