9/28/16 N.Y. St. Reg. PSC-39-16-00025-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 September 1, 2016 by the Public Utility Law Project, New York (PULP).
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 September 1, 2016 by the Public Utility Law Project of New York (PULP) that requests rehearing of the Commission’s August 1, 2016 Order Adopting a Clean Energy Standard (CES Order). PULP argues that the Commission’s CES Order violated the State Administrative Procedure Act (SAPA) by failing to provide an opportunity to be heard in a meaningful manner at a meaningful time related to Staff’s Responsive Proposal. PULP argues that Staff’s Responsive Proposal constitutes a substantial revision under SAPA § 102(9) from the original proposal and should have been subject to an additional 45 day comment period. PULP requests that the Commission reconsider its CES Order based on the alleged failure to comply with SAPA. 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.
