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 Energy Ottawa Inc.
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 Energy Ottawa, Inc. that requests rehearing of the Commission’s August 1, 2016 Order Adopting a Clean Energy Standard (CES Order). In its petition, Energy Ottawa claims that the CES order contains errors of law and fact, and that new circumstances exist, all of which warrant rehearing. Energy Ottawa requests that upon rehearing the Commission allow all forms of existing renewable generation, in particular small hydroelectric resources, be eligible for the Renewable Energy Standard or Zero Emission Standard programs. Specifically, Energy Ottawa argues that the CES Order inappropriately and without record support distinguishes between different existing sources of zero-emission generation, stating that the same factors requiring support of upstate nuclear generation facilities applies to existing hydropower facilities. Energy Ottawa argues that all existing zero-emission generation should be provided the same form, manner and level of compensation and that the ZEC program should be extended to every zero-emitting generation source within the State. Energy Ottawa further argues that the Commission erred in rejecting arguments related to the potential for existing renewable generation to be exported to other jurisdiction and failing to provide an explanation for the rejection. Energy Ottawa states that the Commission’s conclusion regarding the potential for mass flight of existing renewable attributes into other states as hypothetical is contradicted by the record including findings in the Department of Public Service Staff’s CES White Paper; several comments indicating real prospects for export to other states and the Large Scale Renewable Options Paper. Energy Ottawa also claims new circumstances, consisting of newly signed legislation in Massachusetts which requires utilities in the state to enter into long-term contracts for clean energy including the potential for hydropower from adjacent control areas. Energy Ottawa also argues that the Commission erred by recognizing existing renewable generation in its baseline determination but not compensating such generation through the CES. Energy Ottawa further argues that the Commission has no authority to claim environmental attributes that belong to generation owners. Finally, Energy Ottawa argues that continuation of the Tier 2 Maintenance Resource program is wholly without support on the record. 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.
