2006 New York Code - Declaration Of Policy.

 
    §  1001.  Declaration  of policy. Those parts of the Niagara and Saint
  Lawrence rivers within the boundaries of  the  state  of  New  York  are
  hereby  declared  to  be  natural resources of the state for the use and
  development of commerce and navigation in the interest of the people  of
  this  state  and  the  United  States.  In order to provide for the most
  beneficial  use  of  these  natural  resources,  for  the  creation  and
  development of hydroelectric power in the interest of the people of this
  state,  and  to  preserve  and  enhance the scenic beauty of the Niagara
  Falls and river, such natural resources, including the beds  and  waters
  of  the said rivers as instrumentalities of commerce and navigation, and
  the beds, waters, power and power sites  in,  upon  or  adjacent  to  or
  within  the  watersheds  of  the said rivers, owned or controlled by the
  people of the state, or which may hereafter  be  recovered  by  or  come
  within  their  ownership,  possession  and  control, shall always remain
  inalienable to, and ownership,  possession  and  control  thereof  shall
  always be vested in, the people of the state.
    It  is  further declared that the need for obtaining and maintaining a
  continuous and adequate supply of dependable electric power  and  energy
  is  a  matter  of  public  concern  to the people of the state; that the
  maximum capacity of the hydroelectric developments on  the  Niagara  and
  Saint  Lawrence  rivers  of  the  authority  can  be  best  utilized and
  additional  public  benefit   derived   therefrom   by   provision   for
  supplemental  base  load  nuclear  generating  facilities  or facilities
  utilizing new energy technologies and that for the purposes  (i)  of  so
  utilizing such capacity and of deriving such additional benefit, (ii) of
  providing  additional  low  cost  power and energy to attract and expand
  high load factor industry, (iii) of continuing  an  adequate  supply  of
  power  and energy for the future needs of its municipal electric systems
  and rural electric cooperative customers, and (iv) of assisting  in  the
  development  of  additional  dependable  hydroelectric  power from other
  waters of the state and in the development of advanced facilities having
  substantial prospects of  reducing  electricity  production  costs,  the
  public   interest   requires  that  the  authority  participate  in  the
  generation of supplemental electric power and energy by energy  storage,
  hydroelectric  and  nuclear  means  and  new  energy technologies to the
  extent authorized in this title.
    It is further declared that there is a shortage  of  dependable  power
  capacity  in  the  southeastern  part  of  the state and that the public
  interest requires that the authority assist in alleviating such shortage
  by providing such base load generating facilities as may be necessary or
  desirable to contribute to the maintenance of an adequate and dependable
  supply of electricity for the metropolitan transportation authority, its
  subsidiary corporations, the New York city transit authority,  the  port
  authority of New York and New Jersey, the city of New York, the state of
  New  York,  the  United  States,  other public corporations and electric
  companies within the metropolitan area of the city of  New  York  within
  the state of New York.
    It is further declared (i) that there should be full cooperation among
  private   and   public   entities  including  the  authority,  municipal
  corporations  and  rural  electric   cooperatives   engaged   in   power
  generation,    transmission   and   distribution   and   in   associated
  developmental and service activities, (ii) that it is desirable that the
  authority and the utilities which with the authority constitute the  New
  York power pool exchange comparable cost, performance and operating data
  with  respect to generation by nuclear means particularly reflecting the
  effect of the authority's tax-free status, (iii) that  it  is  desirable
  and  reasonable  that  the  authority  sell  power  and  energy from its
  projects  other  than  the  Niagara  and  Saint  Lawrence  hydroelectric
  projects,  not  needed  for  its high load factor industrial, municipal,
  rural electric cooperative and public transportation customers to  other
  members  of  the  New  York power pool for resale without discrimination
  under  their  respective  tariffs,  (iv)  that  it is desirable that the
  authority give its  fullest  cooperation  to  the  energy  research  and
  development  authority  in  advancing  and promoting the development and
  implementation  of  new  energy  technologies,  and  shall  fulfill  its
  responsibilities  for  the development and maintenance of increased base
  load for New York state to the greatest extent possible by utilizing new
  energy  technologies  made  available  by  the   energy   research   and
  development  authority  to  the  extent deemed advisable by the trustees
  and, (v) that upon certification by the public service commission of the
  commercial  and  economic  feasibility  of  a  new   electrical   energy
  generating  technology the power authority shall, in a manner consistent
  with its powers and purposes, promptly plan and construct a facility  to
  demonstrate such new technology; except, however, the authority may plan
  and  construct  such  demonstration  facility  in  the  absence  of such
  certification.