A. 6801 2
SHALL ALSO BE MADE AVAILABLE, AS REQUESTED BY THE BOARD, FROM OTHER
AGENCIES, DEPARTMENTS AND PUBLIC AUTHORITIES OF THE STATE. THE BOARD
MAY PROVIDE FOR ITS OWN REPRESENTATION IN ALL ACTIONS OR PROCEEDINGS IN
WHICH IT IS A PARTY.
3. THE BOARD SHALL HAVE THE POWERS: (A) TO ADOPT A STATE ENERGY PLAN
IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE;
(B) TO ADOPT RULES AND REGULATIONS AS NECESSARY OR APPROPRIATE TO
IMPLEMENT THIS ARTICLE;
(C) TO ISSUE SUBPOENAS AND SUBPOENAS DUCES TECUM; AND
(D) TO AUTHORIZE ANY PERSON TO CONDUCT HEARINGS WHICH THE BOARD IS
AUTHORIZED TO CONDUCT, TO TAKE TESTIMONY WITH RESPECT TO THE SUBJECT OR
MATTER UNDER INVESTIGATION, AND TO REPORT THE TESTIMONY TO THE BOARD. IN
THE CONDUCT OF SUCH HEARINGS, ANY PERSON SO AUTHORIZED BY THE BOARD
SHALL HAVE ALL THE POWERS OF THE BOARD.
4. THE BOARD SHALL CONSIDER AND PRESENT POLICIES AND PROGRAMS THAT ARE
DESIGNED TO IMPROVE THE RELIABILITY OF THE STATE'S ENERGY SYSTEMS, INSU-
LATE CONSUMERS FROM VOLATILITY IN MARKET PRICES, REDUCE THE OVERALL COST
OF ENERGY IN THE STATE AND MINIMIZE PUBLIC HEALTH AND ENVIRONMENTAL
IMPACTS. EACH ENERGY PLAN SHALL ALSO IDENTIFY POLICIES AND PROGRAMS THAT
MAXIMIZE COST-EFFECTIVE ENERGY EFFICIENCY AND CONSERVATION ACTIVITIES TO
MEET PROJECTED DEMAND GROWTH.
(A) THE BOARD SHALL IDENTIFY THE MOST APPROPRIATE STATE AGENCY OR
AUTHORITY WITH THE RESPONSIBILITY FOR IMPLEMENTING OR OVERSEEING SUCH
PRIORITIZED POLICIES AND PROGRAMS.
(B) EACH AGENCY OR AUTHORITY CHARGED WITH IMPLEMENTING A SPECIFIC
POLICY OR PROGRAM IN THE ENERGY PLAN SHALL REPORT TO THE BOARD ANNUALLY
REGARDING THE ORIGINAL GOAL OF SUCH POLICY OR PROGRAM, STEPS THAT HAVE
BEEN TAKEN TO IMPLEMENT SUCH POLICY OR PROGRAM, PROGRESS IN ATTAINING
GOALS, ADJUSTMENTS TO THE PROGRAM OR GOALS AND REASONS WHY ADJUSTMENTS
ARE NEEDED, AND ANTICIPATED DATE OF COMPLETION.
(C) THE BOARD SHALL USE SUCH PROGRESS REPORTS IN THE COMPLETION OF
EACH SUBSEQUENT ENERGY PLAN AND IN EACH OF THE REQUIRED BIENNIAL REPORTS
AS STATED IN SECTION 6-106 OF THIS ARTICLE.
S 6-104. STATE ENERGY PLAN. 1. THE BOARD SHALL ADOPT A STATE ENERGY
PLAN IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
2. THE STATE ENERGY PLAN SHALL INCLUDE: (A) FORECASTS FOR PERIODS OF
FIVE, TEN AND TWENTY YEARS OF (I) DEMAND FOR ELECTRICITY, NATURAL GAS,
COAL, PETROLEUM PRODUCTS, INCLUDING HEATING AND TRANSPORTATION FUELS,
AND ALTERNATE FUELS, INCLUDING ETHANOL AND OTHER BIOFUELS, FOR EACH OF
THE SERVICE AREAS OF THE STATE'S MAJOR ELECTRIC AND GAS UTILITIES AND
THE STATE AS A WHOLE, TAKING INTO ACCOUNT ENERGY CONSERVATION, LOAD
MANAGEMENT AND OTHER DEMAND-REDUCING MEASURES WHICH CAN BE ACHIEVED IN A
COST-EFFECTIVE MANNER, INCLUDING THE BASIS FOR SUCH PROJECTION, INCLUD-
ING AN EXAMINATION OF POSSIBLE ALTERNATE LEVELS OF DEMAND AND DISCUSSION
OF THE FORECASTING METHODOLOGIES AND INPUT VARIABLES USED IN MAKING THE
FORECASTS;
(II) ENERGY SUPPLY REQUIREMENTS NEEDED TO SATISFY DEMAND FOR ELECTRIC-
ITY, NATURAL GAS, COAL, PETROLEUM PRODUCTS, INCLUDING HEATING AND TRANS-
PORTATION FUELS, AND ALTERNATE FUELS, INCLUDING ETHANOL AND OTHER BIOFU-
ELS, FOR EACH OF THE SERVICE AREAS OF THE STATE'S MAJOR ELECTRIC AND GAS
UTILITIES AND FOR THE STATE AS A WHOLE, INCLUDING WITH RESPECT TO ELEC-
TRICITY, THE AMOUNT OF CAPACITY NEEDED TO PROVIDE ADEQUATE RESERVE
MARGINS AND CAPACITY NEEDED TO ENSURE COMPETITIVE MARKETS IN THE VARIOUS
REGIONS OF THE STATE;
(III) AN ASSESSMENT OF THE ABILITY OF THE EXISTING ENERGY SUPPLY
SOURCES AND THE EXISTING TRANSMISSION OR FUEL TRANSPORTATION SYSTEMS, TO
A. 6801 3
SATISFY, TOGETHER WITH THOSE SOURCES OR SYSTEMS REASONABLY CERTAIN TO BE
AVAILABLE, SUCH ENERGY SUPPLY REQUIREMENTS, INDICATING PLANNED ADDI-
TIONS, RETIREMENTS, DERATINGS, SUBSTANTIAL PLANNED OUTAGES, AND ANY
OTHER EXPECTED CHANGES IN LEVELS OF GENERATING AND PRODUCTION CAPACITY;
(IV) ADDITIONAL ELECTRIC CAPACITY AND/OR TRANSMISSION OR FUEL TRANS-
PORTATION SYSTEMS NEEDED TO MEET SUCH ENERGY SUPPLY REQUIREMENTS THAT
WILL NOT BE MET BY EXISTING SOURCES OF SUPPLY AND THOSE REASONABLY
CERTAIN TO BE AVAILABLE, WHERE SUCH ANALYSIS SHOULD IDENTIFY SPECIFIC
SYSTEM CONSTRAINTS AND SPECIFIC ALTERNATIVES AVAILABLE, BOTH SUPPLY-SIDE
AND DEMAND-SIDE ALTERNATIVES, TO REDRESS SUCH CONSTRAINT;
(V) ENERGY PRICES, INCLUDING A FORECAST OF THE IMPACT ON ELECTRIC
WHOLESALE PRICES AND FUEL PRICES RESULTANT FROM THE ADDITION OF NEW
ELECTRIC GENERATING FACILITIES;
(VI) A DESCRIPTION OF THE COMPARATIVE ADVANTAGES AND DISADVANTAGES OF
REASONABLY AVAILABLE LOCATIONS FOR ENERGY FACILITIES, INCLUDING A STATE-
MENT OF THE REASONS WHY SUCH LOCATIONS ARE SUITABLE FOR ELECTRIC GENER-
ATING FACILITIES, INCLUDING BUT NOT LIMITED TO EXISTING LOCAL ZONING
STATUS, PROXIMITY TO ELECTRIC TRANSMISSION AND FUEL TRANSPORTATION
SYSTEMS, AND PROXIMITY TO ELECTRIC LOAD CENTERS; AND
(VII) AN ASSESSMENT OF THE ECONOMIC, ENVIRONMENTAL, PUBLIC SAFETY AND
PUBLIC RISK IMPLICATIONS OF ALL NUCLEAR REACTORS GENERATING ELECTRICITY
IN THE STATE, INCLUDING ISSUES OF NUCLEAR WASTE GENERATION; ON-SITE
WASTE TREATMENT, STORAGE, TRANSPORTATION AND LONG-TERM OPTIONS; ADEQUACY
AND STATUS OF EMERGENCY AND EVACUATION PLANNING; PROJECTIONS OF PLANT
LIFE; AND ECONOMIC IMPLICATIONS OF PLANT CLOSURE, DECOMMISSIONING, RELI-
CENSING, AND LIFE EXTENSION;
(B) IDENTIFICATION AND ANALYSIS OF THE COSTS, RISKS, BENEFITS, UNCER-
TAINTIES AND MARKET POTENTIAL OF ENERGY SUPPLY SOURCE ALTERNATIVES,
INCLUDING DEMAND-REDUCING MEASURES, RENEWABLE ENERGY RESOURCES OF ELEC-
TRIC GENERATION, DISTRIBUTED GENERATION TECHNOLOGIES, COGENERATION TECH-
NOLOGIES, BIOFUELS AND OTHER METHODS AND TECHNOLOGIES REASONABLY AVAIL-
ABLE FOR SATISFYING ENERGY SUPPLY REQUIREMENTS WHICH ARE NOT REASONABLY
CERTAIN TO BE MET BY THE ENERGY SUPPLY SOURCES IDENTIFIED IN SUBPARA-
GRAPH (III) OF PARAGRAPH (A) OF THIS SUBDIVISION, PROVIDED THAT SUCH
ANALYSIS SHALL INCLUDE THE FACTORS IDENTIFIED IN PARAGRAPH (D) OF THIS
SUBDIVISION;
(C) IDENTIFICATION AND ANALYSIS OF EMERGING TRENDS RELATED TO ENERGY
SUPPLY, PRICE AND DEMAND, INCLUDING TRENDS RELATED TO THE TRANSPORTATION
SECTOR;
(D) AN EVALUATION OF CURRENT ENERGY POLICIES AND PROGRAMS, AND
LONG-RANGE ENERGY PLANNING OBJECTIVES AND STRATEGIES, AND AN EVALUATION
OF THE SUCCESS OF SUCH PROGRAMS, POLICIES AND STRATEGIES TO ACHIEVE THE
LEAST COST INTEGRATION OF ENERGY SUPPLY SOURCES AND DEMAND-REDUCING
MEASURES FOR SATISFYING ENERGY SUPPLY REQUIREMENTS, GIVING DUE REGARD TO
SUCH FACTORS AS REQUIRED CAPITAL INVESTMENTS, COST, RATEPAYER IMPACTS,
SECURITY AND DIVERSITY OF FUEL SUPPLIES AND GENERATING MODES, PROTECTION
OF PUBLIC HEALTH AND SAFETY, ADVERSE AND BENEFICIAL ENVIRONMENTAL
IMPACTS, CONSERVATION OF ENERGY AND ENERGY RESOURCES, THE ABILITY OF THE
STATE TO COMPETE ECONOMICALLY, AND ANY OTHER POLICY OBJECTIVES DEEMED
APPROPRIATE;
(E) IN ORDER TO ASSIST THE BOARD IN SUCH EVALUATION, THE POWER AUTHOR-
ITY OF THE STATE OF NEW YORK AND THE LONG ISLAND POWER AUTHORITY SHALL
INDIVIDUALLY SUBMIT TO THE PLANNING BOARD (I) A STRATEGIC PLAN SPECIFY-
ING THE MISSION AND GOALS OF THE AUTHORITY, THE POLICIES AND PROGRAMS
UTILIZED TO FULFILL SUCH MISSION AND GOALS, AND AN EXPLANATION OF HOW
SUCH POLICIES AND PROGRAMS RELATE TO THE STATE ENERGY PLAN, (II) AN
A. 6801 4
ANNUAL FIVE-YEAR OPERATING PLAN, AND (III) A TEN-YEAR PROJECTED CAPITAL
BUDGET FOR THEIR RESPECTIVE OPERATIONS. SUCH PLANS SHALL INCLUDE MAJOR
NEW CAPITAL AND PROGRAMMATIC INITIATIVES, AS WELL AS DESCRIPTIONS AND
ACHIEVEMENTS OF EXISTING PROGRAMS, INCLUDING PROGRAM OBJECTIVES AND THE
NUMBERS OF CLIENTS AND/OR CUSTOMERS SERVED FOR EACH SERVICE OR PROGRAM;
(F) AN ANALYSIS OF SECURITY ISSUES, CONSIDERING BOTH NATURAL AND HUMAN
THREATS TO THE STATE'S ENERGY SYSTEMS;
(G) AN ENVIRONMENTAL JUSTICE ANALYSIS;
(H) RECOMMENDATIONS, AS APPROPRIATE AND DESIRABLE, FOR ADMINISTRATIVE
AND LEGISLATIVE ACTIONS TO IMPLEMENT SUCH POLICIES, OBJECTIVES AND STRA-
TEGIES;
(I) ANALYSIS OF THE PROBABLE IMPACT OF IMPLEMENTATION OF THE PLAN UPON
ECONOMIC DEVELOPMENT, HEALTH, SAFETY AND WELFARE, ENVIRONMENTAL QUALITY,
AND ENERGY COSTS FOR CONSUMERS, SPECIFICALLY LOW-INCOME CONSUMERS; AND
(J) SUCH ADDITIONAL INFORMATION AS THE BOARD DEEMS APPROPRIATE.
3. TO THE EXTENT PRACTICABLE, AND WHERE NOT OTHERWISE SPECIFIED, THE
ELEMENTS OF THE STATE ENERGY PLAN AS ENUMERATED IN SUBDIVISION TWO OF
THIS SECTION SHALL BE PROVIDED ON A STATEWIDE BASIS AS WELL AS FOR TWO
IDENTIFIABLE REGIONS OF THE STATE: CONSTITUTING THE DOWNSTATE REGION AND
THE UPSTATE REGION. FOR PURPOSES OF THIS SECTION, "DOWNSTATE REGION"
SHALL INCLUDE THE COUNTIES OF DUTCHESS, ORANGE, ROCKLAND, PUTNAM, WEST-
CHESTER, NASSAU, SUFFOLK AND THE FIVE COUNTIES OF NEW YORK CITY; AND
"UPSTATE REGION" SHALL INCLUDE ALL OTHER COUNTIES IN THE STATE.
4. (A) THE STATE ENERGY PLAN SHALL PROVIDE GUIDANCE FOR ENERGY-RELAT-
ED DECISIONS TO BE MADE BY THE PUBLIC AND PRIVATE SECTORS WITHIN THE
STATE.
(B) ANY ENERGY-RELATED ACTION OR DECISION OF A STATE AGENCY, BOARD,
COMMISSION OR AUTHORITY SHALL BE REASONABLY CONSISTENT WITH THE FORE-
CASTS AND THE POLICIES AND LONG-RANGE ENERGY PLANNING OBJECTIVES AND
STRATEGIES CONTAINED IN THE PLAN, INCLUDING ITS MOST RECENT UPDATE;
PROVIDED, HOWEVER, THAT ANY SUCH ACTION OR DECISION WHICH IS NOT REASON-
ABLY CONSISTENT WITH THE PLAN SHALL BE DEEMED IN COMPLIANCE WITH THIS
SECTION, PROVIDED THAT SUCH ACTION OR DECISION INCLUDES A FINDING THAT
THE RELEVANT PROVISIONS OF THE PLAN ARE NO LONGER REASONABLE OR PROBABLE
BASED ON A MATERIAL AND SUBSTANTIAL CHANGE IN FACT OR CIRCUMSTANCE, AND
A STATEMENT EXPLAINING THE BASIS FOR THIS FINDING.
(C) NOTHING IN THIS SECTION SHALL LIMIT THE AUTHORITY OF ANY STATE
AGENCY, BOARD, COMMISSION OR AUTHORITY TO DENY AN APPLICATION TO
CONSTRUCT, OPERATE OR MODIFY AN ENERGY FACILITY ON ENVIRONMENTAL OR
PUBLIC HEALTH AND SAFETY GROUNDS, OR THAT ALTERNATE MEANS OF ENERGY
PROCUREMENT OR ALTERNATE LOCATION FOR AN ENERGY FACILITY CAN BE SECURED.
(D) A STATE AGENCY, BOARD, COMMISSION OR AUTHORITY MAY TAKE OFFICIAL
NOTICE OF THE MOST RECENT FINAL STATE ENERGY PLAN ADOPTED BY THE BOARD
PRIOR TO ANY FINAL ENERGY-RELATED DECISION BY SUCH AGENCY, BOARD,
COMMISSION OR AUTHORITY.
S 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.
A. 6801 5
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 MAJOR 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 BY MAJOR ENERGY SUPPLIERS, WHICH SHALL ADDRESS
EACH ITEM IDENTIFIED IN SUBDIVISION TWO OF SECTION 6-104 OF THIS ARTI-
CLE;
(C) PUBLIC COMMENT HEARINGS, IN AT LEAST THREE GEOGRAPHIC LOCATIONS IN
THE STATE, AND 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, AT THE REQUEST OF ANY INTERESTED PERSON,
SUBSEQUENT TO THE ISSUANCE OF A DRAFT PLAN, ON THE 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. INFORMATION FILED BY MAJOR ENERGY SUPPLIERS SHALL INCLUDE THE
FOLLOWING:
(A) ALL PROVIDERS OF ELECTRIC TRANSMISSION AND DISTRIBUTION SERVICES
TO CUSTOMERS, INCLUDING THE POWER AUTHORITY OF THE STATE OF NEW YORK AND
THE LONG ISLAND POWER AUTHORITY, SHALL INDIVIDUALLY PREPARE AND SUBMIT A
COMPREHENSIVE LONG-RANGE PLAN FOR FUTURE OPERATIONS, WHICH SHALL
INCLUDE:
(I) A FORECAST OF ELECTRICITY DEMANDS OVER A PERIOD OF FIVE, TEN AND
TWENTY YEARS, INCLUDING ANNUAL IN-STATE ELECTRIC ENERGY SALES AND SUMMER
AND WINTER PEAK LOADS BY UTILITY SERVICE AREA, AND TOTAL 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 RENEW-
ABLE ENERGY TECHNOLOGIES AND FUEL CELLS, CONSUMED ON SITE, HAVE BEEN
INCORPORATED WITHIN SUCH FORECAST;
(II) A FORECAST OF ELECTRICITY SUPPLY REQUIREMENTS OVER A PERIOD OF
FIVE, TEN AND TWENTY YEARS, BY UTILITY SERVICE AREA, SPECIFICALLY IDEN-
TIFYING THE AMOUNT OF RESERVE MARGINS REQUIRED FOR RELIABLE ELECTRIC
SERVICE, THE AMOUNTS OF 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 ELEC-
TRICITY 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: (1) ALL EXISTING ELECTRIC GENERATING AND TRANS-
MISSION FACILITIES INCLUDING THE POWER AUTHORITY OF THE STATE OF NEW
YORK AND THE LONG ISLAND POWER AUTHORITY, (2) ELECTRIC GENERATING AND
TRANSMISSION FACILITIES 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, (3) THE ANTICIPATED RETIREMENT
DATES FOR ANY ELECTRIC GENERATING FACILITIES CURRENTLY OPERATED INCLUD-
ING THE POWER AUTHORITY OF THE STATE OF NEW YORK AND THE LONG ISLAND
POWER AUTHORITY, (4) LAND OWNED INCLUDING 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 (5)
A. 6801 6
ELECTRIC GENERATING 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 OBJEC-
TIVES 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 RELAT-
ING 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, SPECIF-
ICALLY 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) THE MEMBERS OF THE NEW YORK GAS GROUP SHALL INDIVIDUALLY PREPARE
AND SUBMIT A COMPREHENSIVE LONG-RANGE PLAN FOR FUTURE OPERATIONS, WHICH
SHALL INCLUDE:
(I) A FORECAST OVER A PERIOD OF FIVE, TEN AND TWENTY YEARS, BY UTILITY
SERVICE AREA, OF ESTIMATED ANNUAL IN-STATE GAS SALES, WINTER SEASON
SALES AND PEAK DAY SALES BY APPROPRIATE END-USE CLASSIFICATIONS, SPECIF-
ICALLY IDENTIFYING THE EXTENT TO WHICH ENERGY CONSERVATION MEASURES AND
THE SALE OF GAS OWNED BY PERSONS OTHER THAN THE MEMBERS OF THE NEW YORK
GAS GROUP DIRECTLY TO END-USERS HAVE BEEN INCORPORATED WITHIN SUCH FORE-
CAST;
(II) A FORECAST OF GAS SUPPLY REQUIREMENTS OVER A PERIOD OF FIVE, TEN
AND TWENTY YEARS, BY UTILITY SERVICE AREA, SPECIFICALLY IDENTIFYING THE
AMOUNTS OF GAS NEEDED TO MEET SEVERE WEATHER CONDITIONS, LOST AND UNAC-
COUNTED 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 REQUIRE-
MENTS;
(IV) AN INVENTORY OF: (1) ALL EXISTING SUPPLY SOURCES, STORAGE FACIL-
ITIES, AND TRANSMISSION FACILITIES WHICH ARE USED IN PROVIDING SERVICE
WITHIN THE STATE, (2) 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, (3)
TRANSMISSION FACILITY ADDITIONS PROPOSED TO BE CONSTRUCTED BY MEMBERS OF
THE GAS GROUP, (4) 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;
A. 6801 7
(VI) A PROJECTION OF ESTIMATED GAS PRICES TO CONSUMERS OVER THE FORE-
CAST PERIOD, AND A SENSITIVITY ANALYSIS OF THAT FORECAST RELATING TO A
NUMBER OF FACTORS INCLUDING THE LEVELS OF AVAILABLE CAPACITY AND 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, SPECIF-
ICALLY INCLUDING PROJECTIONS OF DEMOGRAPHIC AND ECONOMIC ACTIVITY AND
SUCH OTHER FACTORS, STATEWIDE AND BY SERVICE AREA, WHICH MAY INFLUENCE
DEMAND FOR NATURAL GAS, AND THE BASES FOR SUCH PROJECTIONS;
(VIII) A STATEMENT OF RESEARCH AND DEVELOPMENT PLANS, INCLUDING OBJEC-
TIVES 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, BY REGULATION, REQUIRE TO CARRY OUT THE
PURPOSES OF THIS ARTICLE.
(D) SUCH INFORMATION FROM OWNERS AND OPERATORS OF ELECTRIC GENERATING
POWER PLANTS AS THE BOARD MAY, BY REGULATION, REQUIRE TO CARRY OUT THE
PURPOSES OF THIS ARTICLE.
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 REGU-
LATION. 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 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 CIRCUM-
STANCE 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
A. 6801 8
OF A DECISION BY THE BOARD. THE PROCEEDING SHALL HAVE A LAWFUL PREFER-
ENCE 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 HEREIN 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 CONSID-
ERED 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.
S 6-108. RELIABILITY STUDY. 1. EVERY FOUR YEARS, THE BOARD SHALL
UNDERTAKE A STUDY OF THE OVERALL RELIABILITY OF THE STATE'S ELECTRIC
TRANSMISSION AND DISTRIBUTION SYSTEM. THE BOARD MAY CONTRACT WITH AN
INDEPENDENT AND COMPETITIVELY SELECTED CONTRACTOR TO UNDERTAKE SUCH
STUDY. THE BOARD SHALL PREPARE A REPORT ON SUCH STUDY'S FINDINGS AND
LEGISLATIVE RECOMMENDATIONS. THE BOARD SHALL TRANSMIT SUCH REPORT ALONG
WITH THE RELIABILITY STUDY TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY,
THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIR OF THE ASSEMBLY ENERGY
COMMITTEE, AND THE CHAIR OF THE SENATE ENERGY AND TELECOMMUNICATIONS
COMMITTEE.
2. THE STUDY SHALL INCLUDE, AT MINIMUM, AN ASSESSMENT OF EACH OF THE
FOLLOWING:
(A) THE CURRENT AND PROJECTED RELIABILITY OF THE ELECTRIC POWER SYSTEM
OVER THE TERM OF THE PLANNING PERIOD, WITH SPECIFIC FOCUS ON TRANS-
MISSION SYSTEMS AND DISTRIBUTION SYSTEMS WITHIN THE STATE. THE ASSESS-
MENT SHALL EXAMINE: (I) INVESTMENT IN INFRASTRUCTURE, INCLUDING CAPITAL
IMPROVEMENTS, EXPANSIONS, AND MAINTENANCE; AND (II) WORKFORCE UTILIZA-
TION.
(B) THE POTENTIAL IMPACT OF THE FOLLOWING ON DISTRIBUTION SYSTEM RELI-
ABILITY AND ON EACH FACTOR ENUMERATED IN PARAGRAPH (A) OF THIS SUBDIVI-
SION: (I) DISTRIBUTED ELECTRIC GENERATION, ESPECIALLY GENERATION USING
RENEWABLE OR INNOVATIVE ENERGY RESOURCES; (II) ENERGY CONSERVATION AND
EFFICIENCY; (III) LOAD CONTROL AND PEAK SHAVING MEASURES; (IV) CORPORATE
REORGANIZATION OF ELECTRIC UTILITIES; (V) PERFORMANCE RATEMAKING,
MULTI-YEAR RATE AGREEMENTS, AND OTHER DEPARTURES FROM TRADITIONAL REGU-
LATORY MECHANISMS; AND (VI) LARGE SCALE INDUSTRIAL DEVELOPMENT.
(C) THE POTENTIAL IMPACT OF THE FOLLOWING ON TRANSMISSION SYSTEM RELI-
ABILITY: (I) EACH FACTOR ENUMERATED IN PARAGRAPH (B) OF THIS SUBDIVI-
SION; (II) CHANGES IN PROTOCOLS FOR ELECTRICITY DISPATCHED THROUGH THE
NEW YORK POWER POOL OR ITS SUCCESSOR OR SUCCESSORS; (III) ACCOMMODATION
OF PROPOSED NEW ELECTRIC GENERATION FACILITIES OR REPOWERING OR LIFE
EXTENSION OF EXISTING FACILITIES; AND (IV) THE MARKET-DRIVEN NATURE OF
DECISIONS TO BUILD, SIZE, AND LOCATE SUCH FACILITIES.
3. THE BOARD SHALL CONSULT WITH ENTITIES THAT HAVE RESOURCES AND
EXPERTISE TO ASSIST IN SUCH INVESTIGATION.
(A) THE LONG ISLAND POWER AUTHORITY, THE POWER AUTHORITY OF THE STATE
OF NEW YORK, THE DEPARTMENT OF PUBLIC SERVICE, AND THE MEMBERS OF THE
NEW YORK POWER POOL OR ITS SUCCESSOR OR SUCCESSORS SHALL COOPERATE WITH
THE BOARD AND ITS CONTRACTOR.
(B) THE LONG ISLAND POWER AUTHORITY AND THE POWER AUTHORITY OF THE
STATE OF NEW YORK ARE AUTHORIZED, AS DEEMED FEASIBLE AND ADVISABLE BY
A. 6801 9
THEIR RESPECTIVE BOARDS, TO MAKE A VOLUNTARY CONTRIBUTION TOWARD THE
INVESTIGATION.
S 2. Section 1005 of the public authorities law is amended by adding a
new subdivision 16 to read as follows:
16. TO COMPLETE AN ANNUAL ENERGY PLAN IN ACCORDANCE WITH THE
PROVISIONS OF ARTICLE SIX OF THE ENERGY LAW. IN ADDITION TO ANY REQUIRE-
MENTS OF ARTICLE SIX OF THE ENERGY LAW, THE AUTHORITY SHALL PROVIDE
COPIES OF ITS ANNUAL ENERGY PLAN TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE ASSEM-
BLY COMMITTEE ON ENERGY AND THE CHAIR OF THE SENATE COMMITTEE ON ENERGY
AND TELECOMMUNICATIONS. FURTHER, THE AUTHORITY SHALL COOPERATE AND
PARTICIPATE IN THE STATE ENERGY PLANNING PROCEDURES AS ENUMERATED IN
ARTICLE SIX OF THE ENERGY LAW.
S 3. Sections 1020-gg, 1020-hh and 1020-ii of the public authorities
law, as renumbered by chapter 234 of the laws of 2004, are renumbered
sections 1020-hh, 1020-ii and 1020-jj and a new section 1020-gg is added
to read as follows:
S 1020-GG. ENERGY PLAN. THE AUTHORITY SHALL COMPLETE AN ANNUAL ENERGY
PLAN IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SIX OF THE ENERGY LAW.
IN ADDITION TO ANY REQUIREMENTS OF ARTICLE SIX OF THE ENERGY LAW, THE
AUTHORITY SHALL PROVIDE COPIES OF ITS ANNUAL ENERGY PLAN TO THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
THE CHAIR OF THE ASSEMBLY COMMITTEE ON ENERGY AND THE CHAIR OF THE
SENATE COMMITTEE ON ENERGY AND TELECOMMUNICATIONS. FURTHER, THE AUTHORI-
TY SHALL COOPERATE AND PARTICIPATE IN THE STATE ENERGY PLANNING PROCE-
DURES AS ENUMERATED IN ARTICLE SIX OF THE ENERGY LAW.
S 4. This act shall take effect immediately.