Senate Bill S2378A

                                 BILL NUMBER:  S2378A

 TITLE OF BILL :  An act to amend the public service law, in relation
to approval of electric transmission line facilities

 PURPOSE :

The purpose of this bill is to require the Public Service Commission
(PSC), to consult the most recent State Energy Plan (SEP) before
issuing a certificate of environmental compatibility and public need
("certificate") for an electric transmission line.

 SUMMARY OF PROVISIONS :

This bill amends paragraph (d) of subsection (1) of section 126 of the
public service law.

 JUSTIFICATION :

This bill requires that in an Article VII proceeding on an electric
transmission line, the PSC must determine whether or not the proposed
facility, if built, would correspond with the most recent energy plan,
while considering the prospect of additional environmental impacts
that may be caused by increased electrical generation as a result of
such facility was improved. The legislation is intended to prevent the
approval of projects which may directly result in increased electrical
              

generation produced from dirty sources, including coal that would
impact the state's environment.

In September 2010, the PSC granted a certificate for the construction
of the Hudson Transmission Project. The eight-mile underground
transmission cable is intended to connect the New York Power
Authority's (NYPA) governmental customers to the PJM Interconnection,
the 13-state wholesale electrical market that serves, New Jersey,
Pennsylvania, Delaware and the District of Columbia. The PSC approved
the certificate despite testimony from various participants who argued
that the facility was unnecessary due to existing electrical capacity
in the New York Independent System Operator (NYISO) wholesale
electrical market. Additionally, the New York State Department of
Environmental Conservation (DEC) testified that HTP would result in
additional coal-fired in PJM.  Nearly half of PJM is produced in from
coal fire generator, many of which are located in Pennsylvania, a
state upwind of New York. The DEC testified that only 13 percent of
NYISO power was generated from coal.

The 2009 State Energy Plan included energy and transportation
strategies that would reduce emissions of greenhouse gases, including
the need to increase the amount energy produced by cleaner burning and
renewable resources. The PSC's decision regarding HTP appears to be
contradict policies enumerated in the Energy Plan.

 LEGISLATIVE HISTORY :

2013-2014: S.699 - Held in Energy and Tele-comm
2011-12: S.5626/A.7399 - Passed the Assembly - Held in Energy and
Telecomm

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.