N.Y. Energy Law § 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 articles seven and eight 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.

* NB Effective until December 31, 2040

* 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.

* NB Effective December 31, 2040

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.