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 Alliance for Clean Energy, New York.
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 Alliance for Clean Energy, New York (ACE NY) that requests rehearing of the Commission’s August 1, 2016 Order Adopting a Clean Energy Standard (CES Order). ACE NY argues that the Commission erred factually in its determination that existing renewable energy resources are not at risk due to closure or export, claiming that several renewable generators have real and imminent opportunities to sell renewable attributes outside of New York. ACE NY also claims that new circumstances in the form of newly enacted legislation in Massachusetts related to long-term purchase of power agreements for renewable power warrants rehearing of the CES Order. ACE NY also argues that by establishing a 50% by 2030 requirement in New York, and then counting all existing renewable resources towards that 50% mandate, but not providing a mechanism for compensating those existing renewables at a value that is competitive with adjacent markets, the CES Program is creating confusion, market disruption, and unfair complications for existing generators. ACE NY claims that Tier 2 eligibility should be broadened to include all technology types eligible for Tier 1 that were in operation before 2015 because these resources have the same environmental attributes and export of the resources would have the same effect on climate goals, local economies, and the achievement of the 50% mandate as other resources included in the CES and differential treatment of the various resources is arbitrary. ACE NY requests that the Commission better align and integrate Tier 2 with the rest of the Clean Energy Standard structure, and allow existing renewable resources to fully participate in the CES and contribute to achievement of 50% renewable energy by 2030. 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.
