9/28/16 N.Y. St. Reg. PSC-39-16-00020-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 Independent Power Producers of New York, Inc. (IPPNY).
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 Independent Power Producers of New York, Inc. (IPPNY) that requests rehearing of the Commission’s August 1, 2016 Order Adopting a Clean Energy Standard (CES Order). In the petition, IPPNY claims that the CES Order contained errors of law and fact and new circumstances have arisen since issuance of the order. IPPNY argues that excluding existing facilities from CES participation is arbitrary and not supported by the record. Specifically, IPPNY states that there is no evidence to support the Commission observation that the risk of existing facilities selling their emission attributes outside of New York is hypothetical. IPPNY also points to new Massachusetts legislation regarding renewable energy as changed circumstances warranting rehearing 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.
