N.Y. Public Authorities Law § 1001: 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.