Senate Bill S4800A

                                 BILL NUMBER:  S4800

 TITLE OF BILL :  An act to establish a moratorium on that portion of
the order of the state of New York public service commission, issued
August 1, 2016 in cases 15-E-0302 and 16-E-0270 enacting a
zero-emission credit requirement in relation to certain upstate
nuclear generating facilities; and providing for the repeal of such
provisions upon expiration thereof

 PURPOSE :

To establish a moratorium on an order of the New York State Public
Service Commission enacting a zero-emission credit requirement in
relation to certain upstate nuclear generating facilities.

 SUMMARY OF PROVISIONS :

Section 1. Establishes a moratorium on paragraphs 10, 11 and 12 of the
New York State Public Service Commission's order issued on August 1,
2016 enacting a zero-emission credit requirement to Fitzpatrick, Ginna
and Nine Mile Point Nuclear Generating Facilities in upstate New York.

Section 2. Severability Clause

Section 3. Effective Date and repeal provisions

              

 JUSTIFICATION :

This legislation would place a moratorium on the nuclear-specific Zero
Emissions Credit (ZEC) program included in the New York Public Service
Commission's (PSC) Order to implement a large-scale Renewable Program
and a Clean Energy Standard that was approved on August 1, 2016. Under
this program, ZECs would be granted to the Fitzpatrick, Ginna and Nine
Mile Point Nuclear Generating Facilities based on megawatt-hours of
carbon-free electricity generated over a 12-year period.

While remaining mindful and supportive of the effort to meet the goal
of generating 50% of the state's electricity from renewable resources
by the year 2030, it would be counterproductive to spend billions of
dollars to subsidize a nuclear industry that would compete with clean
and renewable energy technologies, such as solar and wind. These
nuclear power plants are old, unprofitable, and a danger to public
health and safety. Moreover, the costs of providing this credit would
be passed on to New York's already financially over-burdened
ratepayers. Approximately $965 million is expected to be directed to
the plants over the first two years alone.

Placing a moratorium on this aspect of the PSC's Order until December
31, 2017 will provide an opportunity to perform an unrushed and
transparent examination of alternative mechanisms to succeed in
meeting an ambitious, yet desirous, clean energy standard.

 LEGISLATIVE HISTORY :

2017: New Legislation

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately and shall be deemed to have
been in full force and effect on and after August 1, 2016 and shall
expire December 31, 2017 when upon such date the provisions of this
act shall be deemed repealed.