PSC-26-09-00008-P Specific Commercial and Industrial Electric and Gas Energy Efficiency Programs

7/1/09 N.Y. St. Reg. PSC-26-09-00008-P

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 26

July 01, 2009

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-26-09-00008-P

Specific Commercial and Industrial Electric and Gas Energy Efficiency Programs

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 commercial and industrial electric and gas energy efficiency program proposals as a component of the Energy Efficiency Portfolio Standard.

Statutory authority:

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

Subject:

Specific commercial and industrial electric and gas energy efficiency programs.

Purpose:

To encourage electric and gas energy conservation in the State.

Substance of proposed rule:

The Commission is considering whether to adopt, modify, or reject, in whole or in part, (a) commercial and industrial electric energy efficiency program proposals made in response to an order in Case 07-M-0548 entitled "Order Establishing Energy Efficiency Portfolio Standard and Approving Programs" issued by the Public Service Commission on June 23, 2008 [see Ordering Clauses 8, 10 & 17]; and (b) commercial and industrial gas energy efficiency program proposals made in response to a notice in Case 07-M-0548 entitled "Notice Requesting Proposals" issued by the Secretary to the Public Service Commission on April 20, 2009. For potential independent program administrators that submitted updated proposals for programs in accordance with Ordering Clause 8 of the aforementioned June 23, 2008 Order, such submissions shall be considered as pre-filed comments responsive to this notice to the degree that they relate to the provision of energy efficiency programs for commercial and industrial customers. The program proposals under consideration for this rule include the following:

1. Cases 08-E-1135 and 09-G-0363 - Central Hudson Gas & Electric Corporation, Petition letter from Thompson Hine, Robert J. Glasser, Esq., dated September 22, 2008 and "Updated Small Commercial Gas Efficiency Program Description" dated June 5, 2009: (a) MidSize Commercial Business Program (electric and gas); and (b) Small Commercial Gas Efficiency Program (gas).

2. Cases 08-E-1127 and 09-G-0363 - Consolidated Edison Company of New York, Inc., "Residential and Commercial Energy Efficiency Programs" dated September 22, 2008 and "Commercial Gas Efficiency Programs" dated June 5, 2009: (a) C&I Equipment Rebate Program (electric), (b) C&I Custom Efficiency Program (electric), (c) Targeted Demand Side Management Program (electric), (d) Steam Cooling Program (electric), (e) Commercial Gas Efficient Equipment Rebate Program (gas), and (f) Commercial Custom Gas Efficient Equipment Program (gas).

3. Cases 08-E-1129/08-E-1130 and 09-G-0363 - New York State Electric & Gas Corporation/Rochester Gas and Electric Corporation, "Electric Program Plan of New York State Electric & Gas Corporation and Rochester Gas and Electric Corporation" dated September 22, 2008, Updates dated April 30, 2009, and Updates dated May 15, 2009 (corrected June 11, 2009): (a) Non-residential Small Business Direct Installation Program (electric and gas), (b) Non-residential Commercial & Industrial (C&I) Rebate Program (electric and gas), and (c) Block Bidding Program (electric).

4. Cases 08-E-1132 and 09-G-0363 - New York State Research and Development Authority, "Energy Efficiency Portfolio Program Administrator Proposal" dated September 22, 2008, Updates dated November 21, 2008, Updates dated June 2, 2009, and Updates dated June 5, 2009: (a) Statewide Combined Heat and Power Performance Program (electric), (b) Benchmarking and Operations Efficiency Program (electric), (c) New York Energy $mart Business Partners Program (electric), (d) Existing Facilities Program (electric and gas), (e) Commercial Loan Fund and Finance Program (electric and gas), (f) [Institutional Block RFP] Bidding Program (electric and gas), (g) Waste Energy Recovery Program (electric and gas), (h) FlexTech Program (gas), (i) Industrial and Process Efficiency Program (gas), (j) High Performance New Construction Program (gas), and (k) Advanced Burners Program (gas).

5. Cases 08-E-1133 and 09-G-0363 - Niagara Mohawk Power Corporation d/b/a National Grid, "Electric and Gas Energy Efficiency Program Proposals" dated September 22, 2008 and "Updated Gas Energy Efficiency Proposals for EnergyWise and Energy Initiative Programs" dated May 28, 2009: (a) Energy Initiative Program (electric and gas), (b) Commercial and Industrial Energy Efficiency Program (gas), (c) Commercial High-Efficiency Heating and Water Heating Program (gas), and (d) Building Practices and Demonstrations Program (gas).

6. Case 08-E-1128 - Orange and Rockland Utilities, Inc., "Residential and Commercial Energy Efficiency Portfolio Programs" dated September 22, 2008: (a) Commercial [C&I] Existing Building Program (electric).

7. Case 09-G-0363 - The Brooklyn Union Gas Company/KeySpan Gas East Corporation, "Gas Energy Efficiency Program Proposals" dated September 22, 2008, Updates dated September 26, 2008, and Updates dated June 5, 2009: (a) Commercial, Industrial and Multi Family Energy Efficiency Program (gas), (b) Commercial High-Efficiency Heating and Water Heating Program (gas), and (c) Building Practice and Demonstration Program (gas).

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.

(08-E-1127SP3)