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 seeking rehearing of its August 1, 2016 Order Adopting a Clean Energy Standard filed on August 31, 2016 by Brookfield Renewable Energy Group.
Statutory authority:
Public Service Law, sections 4(1), 5(1)(2) and 66(2); Energy Law, section 6-104(5)(b)
Subject:
Clean Energy Standard.
Purpose:
To promote and maintain renewable and zero-emission electric energy resources.
Substance of proposed rule:
The Public Service Commission is considering a petition filed on August 31, 2016 by Brookfield Renewable Energy Group (Brookfield) that requests rehearing of the Commission’s August 1, 2016 Order Adopting a Clean Energy Standard (CES Order). Brookfield argues that the portions of the CES Order constitute legal and factual error which, in addition to new circumstances, warrant rehearing. Specifically, Brookfield argues that the Commission’s determinations to continue a maintenance program which restricts eligibility to existing hydropower facilities of 5 MW or less and to exclude existing privately-owned hydropower facilities from the ZEC program are not supported by the record and legally insufficient. Brookfield claims that parties to the proceeding were not provided notice that the Commission was considering the exclusions and limitations ultimately imposed on eligibility for existing facilities. Brookfield further argues that the Commission’s finding that opportunities for existing renewables to sell their emissions attributes outside of New York is factually incorrect and states that newly enacted legislation in Massachusetts represents new circumstances which highlights the fact that significant opportunities exist outside of New York. In addition, Brookfield argues that exclusion of large-scale existing hydropower in attainment of the goals of the CES without any compensation was both unjust and discriminatory, resulting in economic free-ridership by the State on the benefits of privately-owned non-emitting generation. Brookfield also posits that no consideration is given to how exports of renewable, non-emitting generation will be treated under the CES which could result in the potential for double-counting. Finally, Brookfield argues that LSEs should have the option to offset CES obligations through contracts with existing privately-owned hydropower facilities with a corresponding reduction in renewable compliance obligations. 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:
John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, NY 12223, (518) 486-2655, email: john.pitucci@dps.ny.gov
Data, views or arguments may be submitted to:
Katheen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, NY 12223, (518) 474-6530, email: kathleen.burgess@dps.ny.gov
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.
