7/2/14 N.Y. St. Reg. PSC-26-14-00010-P
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 Chateaugay, LLC, seeking, in part, authorization to bid its 21-MW biomass electric generating facility into the next RPS Main Tier solicitation offered by NYSERDA.
Statutory authority:
Public Service Law, sections 4(1), 5(2), and 66(1)
Subject:
Petitioner requests an order authorizing its participation in the next Main Tier solicitation offered under the RPS Program.
Purpose:
To enable continued operation of a 21 MW biomass fueled electric generating facility in Chateaugay, 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 June 3, 2014, filed by ReEnergy Chateaugay, LLC. The petition seeks an order terminating an existing Maintenance Tier contract for its 21 MW biomass-fueled electric generating facility located in Franklin County, New York. ReEnergy further requests that the Commission authorize Chateaugay to participate in the next Main Tier solicitation offered by the New York State Energy Research and Development Authority (“NYSERDA”) under the Renewable Portfolio Standard (RPS) program for a contract term of four years and seven months. ReEnergy further requests that the Commission authorize ReEnergy to enter into a Main Tier contract with NYSERDA in excess of the remainder of its Maintenance Tier contract, should the Commission remove or modify the existing 10-year cap on Main Tier contracts while ReEnergy’s petition is pending.
ReEnergy also requests that the Commission act expeditiously in reviewing ReEnergy’s petition, so that an Order may be issued in sufficient time to allow ReEnergy to participate in the next Main Tier solicitation.
The Commission may also consider other 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, (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.