§ 6-106 — Conduct of the state energy planning proceeding

§ 6-106. Conduct of the state energy planning proceeding. 1. Every\nfour years, the board shall adopt a state energy plan, which addresses\neach item identified in subdivision two of section 6-104 of this article\nprovided, however, the board may adopt such a plan more frequently for\ngood cause shown. The board shall prepare biennial reports, every second\nyear following the issuance of the final state energy plan, including a\ndiscussion and evaluation of the ability of the state and private\nmarkets to implement the policies, programs, and other recommendations\nas found in the state energy plan, and recommendations for new or\namended policies as needed to continue successful movement towards\nimplementation and realization of such policies and programs.\n 2. The board shall conduct a state energy planning proceeding,\nconsistent with the need to develop the plan in a timely manner, which\nshall provide for the following at a minimum:\n (a) The filing of information by energy suppliers as specified in\nsubdivision three of this section;\n (b) The preparation and issuance of a draft plan, subsequent to the\nfiling of information as specified in subdivision three of this section,\nwhich shall address each item identified in subdivision two of section\n6-104 of this article;\n (c) Public comment hearings, with at least three in each region\ndescribed in subdivision two of section 6-102 of this article and\nprovide an opportunity to submit written comments, subsequent to the\nissuance of a draft plan, to obtain views and comments of interested\npersons on any aspect of, or issue addressed in, such draft plan;\n (d) Evidentiary hearings may be held, at the discretion of the board,\nin response to a written request by an interested person or persons\nseeking to provide evidentiary material or data subsequent to the\nissuance of a draft plan, on issues identified in subdivision two of\nsection 6-104 of this article; and\n (e) Submission of a notice for any hearing or opportunity for comment\nprovided for pursuant to this subdivision for publication within the\nstate register.\n 3. As determined by the board in each instance to be appropriate with\nrespect to the particular entity or entities from which information, if\nany, shall be required, the information to be provided to the board by\nenergy transmission and distribution companies, electric, gas, or steam\ncorporations, major energy suppliers including owners or operators of\nelectric generation facilities, commodity and/or end-use energy service\nproviders, state agencies or authorities, including the power authority\nof the state of New York and the Long Island power authority, and/or\nothers, shall include the following:\n (a) Comprehensive long-range plans for future operations:\n (i) a forecast of electricity demands over a period as the board may\ndetermine appropriate, including annual in-state electric energy sales\nand summer and winter peak loads by utility service area where\napplicable, and total any annual in-state electric energy sales and\ncoincident peak load, specifically identifying the extent to which\nenergy conservation, load management and other demand-reducing measures,\nand electric energy generated by cogeneration, small hydro and alternate\nenergy production facilities, including renewable energy technologies\nand fuel cells, consumed on site, have been incorporated within such\nforecast;\n (ii) a forecast of electricity supply requirements over a period as\nthe board may determine appropriate, by utility service area where\napplicable, specifically identifying the reserve margins required for\nreliable electric service, the transmission and distribution losses\nassumed, and the amount of out-of-state sales commitments;\n (iii) an assessment of the ability of existing electricity supply\nsources, and those reasonably certain to be available, to satisfy\nelectricity supply requirements, including electric generating\nfacilities which can be retained in service beyond their original design\nlife through routine maintenance and repairs;\n (iv) an inventory of: (A) all existing electric generating and\ntransmission facilities including those owned or operated by the power\nauthority of the state of New York and the Long Island power authority;\n(B) electric generating and transmission facilities planned or under\nconstruction including the power authority of the state of New York and\nthe Long Island power authority, including the dates for completion and\noperation; (C) the anticipated retirement dates for any electric\ngenerating facilities currently operated including those owned or\noperated by the power authority of the state of New York and the Long\nIsland power authority; (D) land owned or leased including that owned or\nleased by the power authority of the state of New York and the Long\nIsland power authority and held for future use as sites for major\nelectric generating facilities; and (E) electric generating,\ntransmission, and related facilities operated, or planned to be\noperated, by others, to the extent information concerning the same is\nknown;\n (v) recommended supply additions and demand reducing measures for\nsatisfying the electricity supply requirements, not reasonably certain\nto be met by electricity supply sources identified in subparagraph (iii)\nof this paragraph, including the life extension of existing electric\ngenerating facilities, and reasons therefor;\n (vi) a statement of research and development plans, including\nobjectives and programs in the areas of energy conservation, load\nmanagement, electric generation and transmission, new energy\ntechnologies and pollution abatement and control, which are not funded\nthrough regulatory required programs, recent results of such programs\nundertaken or funded to date, and an assessment of the potential impacts\nof such results;\n (vii) a projection of estimated electricity prices to consumers over\nthe forecast period, and a sensitivity analysis of that forecast\nrelating to a number of factors including fuel prices and the levels of\navailable capacity and demand in the regions of the state;\n (viii) a description of the load forecasting methodology and the\nassumptions and data used in the preparation of the forecasts,\nspecifically including projections of demographic and economic activity\nand such other factors, statewide and by service area, which may\ninfluence electricity demand, and the bases for such projections;\n (ix) proposed policies, objectives and strategies for meeting the\nstate's future electricity needs; and\n (x) such additional information as the board may, by regulation,\nrequire to carry out the purposes of this article.\n (b) All providers of natural gas transmission, distribution and/or\nmarketing services to customers shall individually prepare and submit a\ncomprehensive long-range plan for future operations, which shall\ninclude, as appropriate:\n (i) a forecast over a period as the board may determine appropriate,\nby utility service area, of estimated annual in-state gas sales, winter\nseason sales and peak day sales by appropriate end-use classifications,\nspecifically identifying the extent to which energy conservation\nmeasures and the sale of gas owned by persons other than natural gas\ntransmission and distribution utilities have been incorporated within\nsuch forecast;\n (ii) a forecast of gas supply requirements over a period as the board\nmay determine appropriate, by utility service area, specifically\nidentifying the amounts of gas needed to meet severe weather conditions,\nlost and unaccounted for gas, out-of-state sales commitments and\ninternal use;\n (iii) an assessment of the ability of existing gas supply sources, and\nthose reasonably certain to be available, to satisfy gas supply\nrequirements;\n (iv) an inventory of: (A) all existing supply sources, storage\nfacilities, and transmission facilities which are used in providing\nservice within the state, (B) the transmission and storage facilities\nunder construction which would be used in providing service within the\nstate, their projected costs and capacities, including peaking capacity,\n(C) transmission facility additions proposed to be constructed by\nnatural gas transmission and distribution utilities, (D) transmission\nfacilities operated, or planned to be operated, by others, to the extent\ninformation concerning the same is known;\n (v) recommended supply additions and demand-reducing measures for\nsatisfying the gas supply requirements, not reasonably certain to be met\nby gas supply sources identified in subparagraph (iii) of this paragraph\nand the reasons therefor;\n (vi) a projection of estimated gas prices to consumers over the\nforecast period, and a sensitivity analysis of that forecast relating to\na number of factors including the levels of commodity supply\navailability, of available pipeline and storage capacity, and of demand\nin the regions of the state;\n (vii) a description of the load forecasting methodology and the\nassumptions and data used in the preparation of the forecasts,\nspecifically including projections of demographic and economic activity\nand such other factors, statewide and by service area where applicable,\nwhich may influence demand for natural gas, and the bases for such\nprojections;\n (viii) a statement of research and development plans, including\nobjectives and programs in the areas of energy conservation and new\nenergy technologies, recent results of such programs undertaken or\nfunded to date, and an assessment of the potential impacts of such\nresults;\n (ix) proposed policies, objectives and strategies for meeting the\nstate's future gas needs; and\n (x) such additional information as the board may, by regulation,\nrequire to carry out the purposes of this article.\n (c) Such information from major petroleum suppliers and major coal\nsuppliers as the board may require to carry out the purposes of this\narticle.\n (d) Such other information from owners and operators of electric\ngenerating power plants as the board may require to carry out the\npurposes of this article.\n (e) A single comprehensive submission from industry groups, trade\nassociations, or combinations of such groups and associations in place\nof submissions by individual member companies.\n 4. Any information filed under this section that is claimed to be\nconfidential shall be treated in accordance with regulations adopted by\nthe board pertaining to the determination of confidential status and the\nretention of confidential records.\n 5. Copies of the draft plan, and all non-confidential information and\ncomments filed pursuant to this section shall be made available to the\npublic for inspection.\n 6. The board may amend the state energy plan, or aspects thereof, upon\nits own initiative or upon the written application of any interested\nperson. In connection with any such amendment, the board may require the\nfiling of such information as may be required, consistent with\nregulation. Prior to adopting any proposed amendment to an element of\nthe plan identified in subdivision two of section 6-104 of this article,\nthe board shall hold public comment hearings and may hold evidentiary\nhearings upon the written application of an interested party. Prior to\nadopting a proposed amendment to any element of the plan, the board\nshall prepare and publish in the state register notice of any draft\namendment and reasons therefor and shall solicit public comments\nthereon. The board shall adopt an amendment to the state energy plan, or\naspects thereof, upon a finding by the board that there has been a\nmaterial and substantial change in fact or circumstance since the most\nrecent plan was adopted. A decision of the board that no amendment is\nnecessary, together with the reasons supporting such determination,\nshall be final.\n * 7. Any person who participated in the state energy planning\nproceeding or any person who sought an amendment of the state energy\nplan pursuant to subdivision six of this section, may obtain, pursuant\nto article seventy-eight of the civil practice law and rules, judicial\nreview of the board's decision adopting a plan, or any amendment\nthereto, or of the board's decision not to amend such plan pursuant to\nsubdivision six of this section. Any such special proceeding shall be\nbrought in the appellate division of the supreme court of the state of\nNew York for the third judicial department. Such proceeding shall be\ninitiated by the filing of a petition in such court within thirty days\nafter the issuance of a decision by the board. The proceeding shall have\na lawful preference over any other matter, shall be heard on an\nexpedited basis and shall be completed in all respects, including any\nsubsequent appeal, within one hundred eighty days of the filing of the\npetition. Where more than one such petition is filed, the court may\nprovide for consolidation of the proceedings. Notwithstanding the\nprovisions of articles seven and eight of the public service law, the\nprocedure set forth in this section shall constitute the exclusive means\nfor seeking judicial review of any element of the plan.\n * NB Effective until December 31, 2040\n * 7. Any person who participated in the state energy planning\nproceeding or any person who sought an amendment of the state energy\nplan pursuant to subdivision six of this section, may obtain, pursuant\nto article seventy-eight of the civil practice law and rules, judicial\nreview of the board's decision adopting a plan, or any amendment\nthereto, or of the board's decision not to amend such plan pursuant to\nsubdivision six of this section. Any such special proceeding shall be\nbrought in the appellate division of the supreme court of the state of\nNew York for the third judicial department. Such proceeding shall be\ninitiated by the filing of a petition in such court within thirty days\nafter the issuance of a decision by the board. The proceeding shall have\na lawful preference over any other matter, shall be heard on an\nexpedited basis and shall be completed in all respects, including any\nsubsequent appeal, within one hundred eighty days of the filing of the\npetition. Where more than one such petition is filed, the court may\nprovide for consolidation of the proceedings. Notwithstanding the\nprovisions of article seven of the public service law, the procedure set\nforth in this section shall constitute the exclusive means for seeking\njudicial review of any element of the plan.\n * NB Effective December 31, 2040\n 8. Proceedings conducted pursuant to this section shall not be\nconsidered part of an adjudicatory proceeding as defined in subdivision\nthree of section one hundred two of the state administrative procedure\nact, or part of a rule making proceeding held under subdivision one of\nsection two hundred two of the state administrative procedure act.\n