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 Council on Intelligent Energy & Conservation Policy, et al.
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 Council on Intelligent Energy & Conservation Policy; Promoting Health and Sustainable Energy (PHASE); Promoting Health and Sustainable Energy; Physicians for Social Responsibility, New York; Rockland Sierra Club and Sierra Club Lower Hudson Group; Indian Point Safe Energy Coalition; Goshen Green Farms, LLC.; Ellen Jaffe, Assembly Member,97th District; and Andrew Stewart, Orangetown Supervisor (CIECP, et al. ) that requests rehearing of the Commission’s August 1, 2016 Order Adopting a Clean Energy Standard (CES Order). CIECP, et al. argues that the CES Order violates a number of statutory provisions. Specifically, CIECP claims that the CES Order violates the State Administrative Procedures Act (SAPA) § 202-a(1) which, CIECP notes, requires agencies to establish rules that are consistent with the objectives of applicable statutes and consider using approaches designed to avoid undue deleterious economic or overly burdensome impacts. CIECP, et al. further argues that the Commission violated SAPA § 202(1)(a) by failing to provide sufficient time for public comments for Staff’s Responsive Proposal. CIECP, et al. argues that the CES Order violates Public Service Law § 5.2 which requires the Commission to encourage all jurisdictional persons and corporations, to formulate and carry out long-range programs, for the performance of their public service responsibilities with economy, efficiency, and care for the public safety, the preservation of environmental values, and the conservation of natural resources. CIECP, et al. claims that the CES Order is uneconomical and highly inefficient; increases radioactive waste, environmental contamination, and risks to public safety; and it is a waste of public and natural resources in contradiction to the Public Service Law. CIECP, et al. also argues that the Commission environmental review of the actions taken in the CES violates the State Environmental Quality Review Act (SEQRA) because the Generic Environmental Impact Statement evaluated only two scenarios rather than all reasonable alternatives. In addition, CIECP, et al. claims that the Cost Study supporting the Clean Energy Standard was inadequate and misleading. CIECP, et al. also claims that the CES Order does not contain a proper factual basis or analysis to support the Commission decisions. Specifically, CIECP, et al. laments the lack of analysis regarding incremental production and storage of nuclear waste in New York; health cost related to radiation exposure and the increased risk of operating the facilities without adequate insurance. CIECP further claims that the CES Order represents an overreach of the Governor’s authority. Finally, CIECP argues that the Commission inappropriately used the cost of carbon by equating the cost of carbon abatement with the cost of emissions releases. 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.
