9/22/10 N.Y. St. Reg. PSC-38-10-00005-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 by Niagara Generation, LLC requesting that the Commission consider modifications to the Renewable Portfolio Standard (RPS) program related to a Main Tier RPS contract entered into by Niagara Generation, LLC.
Statutory authority:
Public Service Law, sections 4(1), 5(2) and 66(1)
Subject:
Niagara Generation, LLC seeks an adjustment to the pricing levels in the contract and potential future price adjustments.
Purpose:
To encourage electric energy generation for the State's consumers from renewable resources.
Substance of proposed rule:
The Commission is considering whether to adopt, modify, or reject, in whole or in part, potential modifications to the Renewable Portfolio Standard (RPS) program related to a Main Tier RPS contract entered into between Niagara Generation, LLC and the New York State Energy Research and Development Authority (NYSERDA). In particular, the Commission is considering the "Petition of Niagara Generation, LLC for Restructuring of its RPS Agreement" dated August 19, 2010 wherein Niagara Generation, LLC requests (a) an adjustment to the pricing levels in its particular RPS contract; (b) that such pricing levels be cost-based and established by negotiation with the Staff of the Department of Public Service (Staff) after an examination by Staff of the financial books of Niagara Generation, LLC; (c) that Niagara Generation, LLC be allowed to request future price adjustments every two and one half years during the term of its RPS contract; and (d) that a flexible pricing Contract for Differences (CFD) scenario be considered possibly in the manner, or similar to the manner, set forth in a document identified as "New York State Department of Public Service, Renewable Portfolio Standard Case 03-E-0188 Contract for Differences (CFD) – Straw Proposal, January 8, 2010."
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, (518) 486-2655, email:
leann_ayer@dps.state.ny.usData, views or arguments may be submitted to:
Jaclyn A. Brilling, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email:
secretary@dps.state.ny.usPublic 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.
