PSC-35-10-00021-P Possible Authorization of New Solicitations and Modifications to Bid Solicitation Eligibility or Bid Evaluation Rules

9/1/10 N.Y. St. Reg. PSC-35-10-00021-P

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 35

September 01, 2010

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-35-10-00021-P

Possible Authorization of New Solicitations and Modifications to Bid Solicitation Eligibility or Bid Evaluation Rules

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 whether to authorize new Renewable Portfolio Standard (RPS) program Main Tier procurement solicitations and changes to bid solicitation eligibility or bid evaluation design details and methodologies.

Statutory authority:

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

Subject:

Possible authorization of new solicitations and modifications to bid solicitation eligibility or bid evaluation rules.

Purpose:

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

Substance of proposed rule:

The Commission is considering whether to authorize new Renewable Portfolio Standard (RPS) program Main Tier procurement solicitations by the New York State Energy Research and Development Authority (NYSERDA), and whether to adopt, modify, or reject, in whole or in part, changes to bid solicitation eligibility or bid evaluation design details and methodologies.

The Commission is considering whether NYSERDA should be authorized to conduct, after consultation with Staff of the Department of Public Service, no less than one solicitation per calendar year, which authorization would allow NYSERDA to conduct as many solicitations per calendar year as NYSERDA deems necessary to implement the RPS Main Tier program without further or individual authorizations for solicitations by the Commission.

In order to balance the desire to promote incremental renewable generation construction and economic development with the need to provide developers flexibility in construction schedules and obtain renewable resources at the lowest reasonable price, the Commission is considering modifying the bid solicitation eligibility and bid evaluation design details and methodologies. The options to be considered by the Commission include, but are not limited to:

(1) Whether the economic benefits category for bid evaluation should be continued or eliminated;

(2) Whether the 30% percentage value established for the economic benefits evaluation approach is effective and reasonable, or whether some other percentage value should be used;

(3) Whether the requirement that "non-incremental" economic benefits not be counted for facilities already in commercial operation should be continued or eliminated;

(4) Whether "incremental" economic benefits should be measured:

(a) As of the date of the particular solicitation;

(b) As of the date of the particular contract award;

(c) Fixed as of the date (January 8, 2010) of the order setting the requirement that non-incremental economic benefits shall not be counted; or

(d) A date certain in advance of the date of the particular solicitation, such as one or two years prior to the date of the particular solicitation.

(5) Whether other changes regarding bid solicitation eligibility or bid evaluation design details and methodologies should be made.

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-0188SP25)