9/28/16 N.Y. St. Reg. PSC-39-16-00016-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 seeking rehearing of its August 1, 2016 Order Adopting a Clean Energy Standard filed on August 31, 2016 by the New York Association for Public Power.
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 the New York Association of Public Power (NYAPP) that requests rehearing of the Commission’s August 1, 2016 Order Adopting a Clean Energy Standard (CES Order). NYAPP seeks clarification that the four rural electric cooperatives and the municipal electric utilities taking their full requirement of power from the New York Power Authority (NYPA) are not subject to the CES Order. NYAPP indicates that these types of electric utilities do not fall under Commission Jurisdiction. NYAPP also seeks rehearing of the CES Order regarding its application to other municipal utilities. NYAPP argues that applying the ZEC and RES requirements to municipal utilities is inequitable and illogical because they the electricity their customers consume is already between 75% and 100% renewable with NYPA’s hydroelectric facilities providing the bulk of that renewable power. NYAPP further argues that the municipal utilities have historically done their part in supporting hydroelectric power and nuclear power through historic purchases from NYPA’s Niagara hydroelectric facility and FitzPatrick Nuclear Generation facility when it was previously owned by NYPA. NYAPP requests that its members be exempt from the requirements of the CES Order. 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.govData, 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.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.
