§ 1001 — Declaration of policy

New York § 1001

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 1: Power Authority of the State of New York
• Art. 5: Public Utility Authorities

Text

§ 1001. Declaration of policy. Those parts of the Niagara and Saint\nLawrence rivers within the boundaries of the state of New York are\nhereby declared to be natural resources of the state for the use and\ndevelopment of commerce and navigation in the interest of the people of\nthis state and the United States. In order to provide for the most\nbeneficial use of these natural resources, for the creation and\ndevelopment of hydroelectric power in the interest of the people of this\nstate, and to preserve and enhance the scenic beauty of the Niagara\nFalls and river, such natural resources, including the beds and waters\nof the said rivers as instrumentalities of commerce and navigation, and\nthe beds, waters, power and power sites in, upon or adjacent to or\nwithin the watersheds of the said rivers, owned or controlled by the\npeople of the state, or which may hereafter be recovered by or come\nwithin their ownership, possession and control, shall always remain\ninalienable to, and ownership, possession and control thereof shall\nalways be vested in, the people of the state.\n It is further declared that the need for obtaining and maintaining a\ncontinuous and adequate supply of dependable electric power and energy\nis a matter of public concern to the people of the state; that the\nmaximum capacity of the hydroelectric developments on the Niagara and\nSaint Lawrence rivers of the authority can be best utilized and\nadditional public benefit derived therefrom by provision for\nsupplemental base load nuclear generating facilities or facilities\nutilizing new energy technologies and that for the purposes (i) of so\nutilizing such capacity and of deriving such additional benefit, (ii) of\nproviding additional low cost power and energy to attract and expand\nhigh load factor industry, (iii) of continuing an adequate supply of\npower and energy for the future needs of its municipal electric systems\nand rural electric cooperative customers, and (iv) of assisting in the\ndevelopment of additional dependable hydroelectric power from other\nwaters of the state and in the development of advanced facilities having\nsubstantial prospects of reducing electricity production costs, the\npublic interest requires that the authority participate in the\ngeneration of supplemental electric power and energy by energy storage,\nhydroelectric and nuclear means and new energy technologies to the\nextent authorized in this title.\n It is further declared that there is a shortage of dependable power\ncapacity in the southeastern part of the state and that the public\ninterest requires that the authority assist in alleviating such shortage\nby providing such base load generating facilities as may be necessary or\ndesirable to contribute to the maintenance of an adequate and dependable\nsupply of electricity for the metropolitan transportation authority, its\nsubsidiary corporations, the New York city transit authority, the port\nauthority of New York and New Jersey, the city of New York, the state of\nNew York, the United States, other public corporations and electric\ncompanies within the metropolitan area of the city of New York within\nthe state of New York.\n It is further declared (i) that there should be full cooperation among\nprivate and public entities including the authority, municipal\ncorporations and rural electric cooperatives engaged in power\ngeneration, transmission and distribution and in associated\ndevelopmental and service activities, (ii) that it is desirable that the\nauthority and the utilities which with the authority constitute the New\nYork power pool exchange comparable cost, performance and operating data\nwith respect to generation by nuclear means particularly reflecting the\neffect of the authority's tax-free status, (iii) that it is desirable\nand reasonable that the authority sell power and energy from its\nprojects other than the Niagara and Saint Lawrence hydroelectric\nprojects, not needed for its high load factor industrial, municipal,\nrural electric cooperative and public transportation customers to other\nmembers of the New York power pool for resale without discrimination\nunder their respective tariffs, (iv) that it is desirable that the\nauthority give its fullest cooperation to the energy research and\ndevelopment authority in advancing and promoting the development and\nimplementation of new energy technologies, and shall fulfill its\nresponsibilities for the development and maintenance of increased base\nload for New York state to the greatest extent possible by utilizing new\nenergy technologies made available by the energy research and\ndevelopment authority to the extent deemed advisable by the trustees\nand, (v) that upon certification by the public service commission of the\ncommercial and economic feasibility of a new electrical energy\ngenerating technology the power authority shall, in a manner consistent\nwith its powers and purposes, promptly plan and construct a facility to\ndemonstrate such new technology; except, however, the authority may plan\nand construct such demonstration facility in the absence of such\ncertification.\n