2012 New York Consolidated Laws
ENG - Energy
Article 6 - (6-102 - 6-108) ENERGY PLANNING
6-106 - Conduct of the state energy planning proceeding.

 
    §  6-106.  Conduct  of  the state energy planning proceeding. 1. Every
  four years, the board shall adopt a state energy plan,  which  addresses
  each item identified in subdivision two of section 6-104 of this article
  provided,  however,  the board may adopt such a plan more frequently for
  good cause shown. The board shall prepare biennial reports, every second
  year following the issuance of the final state energy plan, including  a
  discussion  and  evaluation  of  the  ability  of  the state and private
  markets to implement the policies, programs, and  other  recommendations
  as  found  in  the  state  energy  plan,  and recommendations for new or
  amended policies as  needed  to  continue  successful  movement  towards
  implementation and realization of such policies and programs.
    2.  The  board  shall  conduct  a  state  energy  planning proceeding,
  consistent with the need to develop the plan in a timely  manner,  which
  shall provide for the following at a minimum:
    (a)  The  filing  of  information  by energy suppliers as specified in
  subdivision three of this section;
    (b) The preparation and issuance of a draft plan,  subsequent  to  the
  filing of information as specified in subdivision three of this section,
  which  shall  address each item identified in subdivision two of section
  6-104 of this article;
    (c) Public comment hearings,  with  at  least  three  in  each  region
  described  in  subdivision  two  of  section  6-102  of this article and
  provide an opportunity to submit written  comments,  subsequent  to  the
  issuance  of  a  draft  plan, to obtain views and comments of interested
  persons on any aspect of, or issue addressed in, such draft plan;
    (d) Evidentiary hearings may be held, at the discretion of the  board,
  in  response  to  a  written  request by an interested person or persons
  seeking to provide  evidentiary  material  or  data  subsequent  to  the
  issuance  of  a  draft  plan, on issues identified in subdivision two of
  section 6-104 of this article; and
    (e) Submission of a notice for any hearing or opportunity for  comment
  provided  for  pursuant  to  this subdivision for publication within the
  state register.
    3. As determined by the board in each instance to be appropriate  with
  respect  to the particular entity or entities from which information, if
  any, shall be required, the information to be provided to the  board  by
  energy  transmission and distribution companies, electric, gas, or steam
  corporations, major energy suppliers including owners  or  operators  of
  electric  generation facilities, commodity and/or end-use energy service
  providers, state agencies or authorities, including the power  authority
  of  the  state  of  New York and the Long Island power authority, and/or
  others, shall include the following:
    (a) Comprehensive long-range plans for future operations:
    (i) a forecast of electricity demands over a period as the  board  may
  determine  appropriate,  including annual in-state electric energy sales
  and  summer  and  winter  peak  loads  by  utility  service  area  where
  applicable,  and  total  any  annual  in-state electric energy sales and
  coincident peak load,  specifically  identifying  the  extent  to  which
  energy conservation, load management and other demand-reducing measures,
  and electric energy generated by cogeneration, small hydro and alternate
  energy  production  facilities,  including renewable energy technologies
  and fuel cells, consumed on site, have  been  incorporated  within  such
  forecast;
    (ii)  a  forecast  of electricity supply requirements over a period as
  the board may determine  appropriate,  by  utility  service  area  where
  applicable,  specifically  identifying  the reserve margins required for
  reliable electric service,  the  transmission  and  distribution  losses
  assumed, and the amount of out-of-state sales commitments;

    (iii)  an  assessment  of  the  ability of existing electricity supply
  sources, and those  reasonably  certain  to  be  available,  to  satisfy
  electricity   supply   requirements,   including   electric   generating
  facilities which can be retained in service beyond their original design
  life through routine maintenance and repairs;
    (iv)  an  inventory  of:  (A)  all  existing  electric  generating and
  transmission facilities including those owned or operated by  the  power
  authority  of the state of New York and the Long Island power authority;
  (B) electric generating and transmission  facilities  planned  or  under
  construction  including the power authority of the state of New York and
  the Long Island power authority, including the dates for completion  and
  operation;  (C)  the  anticipated  retirement  dates  for  any  electric
  generating  facilities  currently  operated  including  those  owned  or
  operated  by  the  power authority of the state of New York and the Long
  Island power authority; (D) land owned or leased including that owned or
  leased by the power authority of the state of  New  York  and  the  Long
  Island  power  authority  and  held  for  future  use as sites for major
  electric   generating   facilities;   and   (E)   electric   generating,
  transmission,   and  related  facilities  operated,  or  planned  to  be
  operated, by others, to the extent information concerning  the  same  is
  known;
    (v)  recommended  supply  additions  and  demand reducing measures for
  satisfying the electricity supply requirements, not  reasonably  certain
  to be met by electricity supply sources identified in subparagraph (iii)
  of  this  paragraph,  including  the life extension of existing electric
  generating facilities, and reasons therefor;
    (vi)  a  statement  of  research  and  development  plans,   including
  objectives  and  programs  in  the  areas  of  energy conservation, load
  management,   electric   generation   and   transmission,   new   energy
  technologies  and  pollution abatement and control, which are not funded
  through regulatory required programs, recent results  of  such  programs
  undertaken or funded to date, and an assessment of the potential impacts
  of such results;
    (vii)  a  projection of estimated electricity prices to consumers over
  the forecast  period,  and  a  sensitivity  analysis  of  that  forecast
  relating  to a number of factors including fuel prices and the levels of
  available capacity and demand in the regions of the state;
    (viii) a description of  the  load  forecasting  methodology  and  the
  assumptions   and  data  used  in  the  preparation  of  the  forecasts,
  specifically including projections of demographic and economic  activity
  and  such  other  factors,  statewide  and  by  service  area, which may
  influence electricity demand, and the bases for such projections;
    (ix) proposed policies, objectives  and  strategies  for  meeting  the
  state's future electricity needs; and
    (x)  such  additional  information  as  the  board may, by regulation,
  require to carry out the purposes of this article.
    (b) All providers of natural  gas  transmission,  distribution  and/or
  marketing  services to customers shall individually prepare and submit a
  comprehensive  long-range  plan  for  future  operations,  which   shall
  include, as appropriate:
    (i)  a  forecast over a period as the board may determine appropriate,
  by utility service area, of estimated annual in-state gas sales,  winter
  season  sales and peak day sales by appropriate end-use classifications,
  specifically  identifying  the  extent  to  which  energy   conservation
  measures  and  the  sale  of gas owned by persons other than natural gas
  transmission and distribution utilities have  been  incorporated  within
  such forecast;

    (ii)  a forecast of gas supply requirements over a period as the board
  may  determine  appropriate,  by  utility  service  area,   specifically
  identifying the amounts of gas needed to meet severe weather conditions,
  lost  and  unaccounted  for  gas,  out-of-state  sales  commitments  and
  internal use;
    (iii) an assessment of the ability of existing gas supply sources, and
  those  reasonably  certain  to  be  available,  to  satisfy  gas  supply
  requirements;
    (iv) an  inventory  of:  (A)  all  existing  supply  sources,  storage
  facilities,  and  transmission  facilities  which  are used in providing
  service within the state, (B) the transmission  and  storage  facilities
  under  construction  which would be used in providing service within the
  state, their projected costs and capacities, including peaking capacity,
  (C) transmission  facility  additions  proposed  to  be  constructed  by
  natural  gas  transmission  and distribution utilities, (D) transmission
  facilities operated, or planned to be operated, by others, to the extent
  information concerning the same is known;
    (v) recommended supply  additions  and  demand-reducing  measures  for
  satisfying the gas supply requirements, not reasonably certain to be met
  by gas supply sources identified in subparagraph (iii) of this paragraph
  and the reasons therefor;
    (vi)  a  projection  of  estimated  gas  prices  to consumers over the
  forecast period, and a sensitivity analysis of that forecast relating to
  a  number  of  factors  including  the  levels   of   commodity   supply
  availability,  of available pipeline and storage capacity, and of demand
  in the regions of the state;
    (vii) a description  of  the  load  forecasting  methodology  and  the
  assumptions   and  data  used  in  the  preparation  of  the  forecasts,
  specifically including projections of demographic and economic  activity
  and  such other factors, statewide and by service area where applicable,
  which may influence demand for natural  gas,  and  the  bases  for  such
  projections;
    (viii)  a  statement  of  research  and  development  plans, including
  objectives and programs in the areas  of  energy  conservation  and  new
  energy  technologies,  recent  results  of  such  programs undertaken or
  funded to date, and an assessment  of  the  potential  impacts  of  such
  results;
    (ix)  proposed  policies,  objectives  and  strategies for meeting the
  state's future gas needs; and
    (x) such additional information  as  the  board  may,  by  regulation,
  require to carry out the purposes of this article.
    (c)  Such  information  from  major petroleum suppliers and major coal
  suppliers as the board may require to carry out  the  purposes  of  this
  article.
    (d)  Such  other  information  from  owners  and operators of electric
  generating power plants as the  board  may  require  to  carry  out  the
  purposes of this article.
    (e)  A  single  comprehensive  submission  from industry groups, trade
  associations, or combinations of such groups and associations  in  place
  of submissions by individual member companies.
    4.  Any  information  filed  under  this section that is claimed to be
  confidential shall be treated in accordance with regulations adopted  by
  the board pertaining to the determination of confidential status and the
  retention of confidential records.
    5.  Copies of the draft plan, and all non-confidential information and
  comments filed pursuant to this section shall be made available  to  the
  public for inspection.

    6. The board may amend the state energy plan, or aspects thereof, upon
  its  own  initiative  or  upon the written application of any interested
  person. In connection with any such amendment, the board may require the
  filing  of  such  information  as  may  be  required,  consistent   with
  regulation.  Prior  to  adopting any proposed amendment to an element of
  the plan identified in subdivision two of section 6-104 of this article,
  the board shall hold public comment hearings and  may  hold  evidentiary
  hearings  upon  the written application of an interested party. Prior to
  adopting a proposed amendment to any element  of  the  plan,  the  board
  shall  prepare  and  publish  in  the state register notice of any draft
  amendment  and  reasons  therefor  and  shall  solicit  public  comments
  thereon. The board shall adopt an amendment to the state energy plan, or
  aspects  thereof,  upon  a  finding  by  the board that there has been a
  material and substantial change in fact or circumstance since  the  most
  recent  plan  was  adopted. A decision of the board that no amendment is
  necessary, together with  the  reasons  supporting  such  determination,
  shall be final.
    7. Any person who participated in the state energy planning proceeding
  or  any person who sought an amendment of the state energy plan pursuant
  to subdivision six of this section,  may  obtain,  pursuant  to  article
  seventy-eight  of  the  civil practice law and rules, judicial review of
  the board's decision adopting a plan, or any amendment  thereto,  or  of
  the  board's decision not to amend such plan pursuant to subdivision six
  of this section. Any such special proceeding shall  be  brought  in  the
  appellate division of the supreme court of the state of New York for the
  third  judicial  department.  Such  proceeding shall be initiated by the
  filing of a petition in such court within thirty days after the issuance
  of a  decision  by  the  board.  The  proceeding  shall  have  a  lawful
  preference  over  any other matter, shall be heard on an expedited basis
  and shall be completed in all respects, including any subsequent appeal,
  within one hundred eighty days of the filing of the petition. Where more
  than one such petition is filed, the court may provide for consolidation
  of the proceedings. Notwithstanding the provisions of article  seven  of
  the  public  service  law, the procedure set forth in this section shall
  constitute the exclusive  means  for  seeking  judicial  review  of  any
  element of the plan.
    8.  Proceedings  conducted  pursuant  to  this  section  shall  not be
  considered part of an adjudicatory proceeding as defined in  subdivision
  three  of  section one hundred two of the state administrative procedure
  act, or part of a rule making proceeding held under subdivision  one  of
  section two hundred two of the state administrative procedure act.