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SECTION 6-106
Conduct of the state energy planning proceeding
Energy (ENG) CHAPTER 17-A, ARTICLE 6
§ 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.

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 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 as specified in subdivision three of this section,
which shall address each item identified in subdivision two of section
6-104 of this article;

(c) Public comment hearings, with at least three in each region
described in subdivision two of section 6-102 of this article and
provide 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 may be held, at the discretion of the board,
in response to a written request by an interested person or persons
seeking to provide evidentiary material or data subsequent to the
issuance of a draft plan, on 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. As determined by the board in each instance to be appropriate with
respect to the particular entity or entities from which information, if
any, shall be required, the information to be provided to the board by
energy transmission and distribution companies, electric, gas, or steam
corporations, major energy suppliers including owners or operators of
electric generation facilities, commodity and/or end-use energy service
providers, state agencies or authorities, including the power authority
of the state of New York and the Long Island power authority, and/or
others, shall include the following:

(a) Comprehensive long-range plans for future operations:

(i) a forecast of electricity demands over a period as the board may
determine appropriate, including annual in-state electric energy sales
and summer and winter peak loads by utility service area where
applicable, and total any 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 renewable energy technologies
and fuel cells, consumed on site, have been incorporated within such
forecast;

(ii) a forecast of electricity supply requirements over a period as
the board may determine appropriate, by utility service area where
applicable, specifically identifying the reserve margins required for
reliable electric service, the 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
electricity 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: (A) all existing electric generating and
transmission facilities including those owned or operated by the power
authority of the state of New York and the Long Island power authority;
(B) electric generating and transmission facilities planned or 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; (C) the anticipated retirement dates for any electric
generating facilities currently operated including those owned or
operated by the power authority of the state of New York and the Long
Island power authority; (D) land owned or leased including that owned or
leased by 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 (E) electric generating,
transmission, and related 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
objectives 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
relating 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,
specifically 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) All providers of natural gas transmission, distribution and/or
marketing services to customers shall individually prepare and submit a
comprehensive long-range plan for future operations, which shall
include, as appropriate:

(i) a forecast over a period as the board may determine appropriate,
by utility service area, of estimated annual in-state gas sales, winter
season sales and peak day sales by appropriate end-use classifications,
specifically identifying the extent to which energy conservation
measures and the sale of gas owned by persons other than natural gas
transmission and distribution utilities have been incorporated within
such forecast;

(ii) a forecast of gas supply requirements over a period as the board
may determine appropriate, by utility service area, specifically
identifying the amounts of gas needed to meet severe weather conditions,
lost and unaccounted 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
requirements;

(iv) an inventory of: (A) all existing supply sources, storage
facilities, and transmission facilities which are used in providing
service within the state, (B) 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,
(C) transmission facility additions proposed to be constructed by
natural gas transmission and distribution utilities, (D) 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;

(vi) a projection of estimated gas prices to consumers over the
forecast period, and a sensitivity analysis of that forecast relating to
a number of factors including the levels of commodity supply
availability, of available pipeline and storage capacity, and of 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,
specifically including projections of demographic and economic activity
and such other factors, statewide and by service area where applicable,
which may influence demand for natural gas, and the bases for such
projections;

(viii) a statement of research and development plans, including
objectives 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 require to carry out the purposes of this
article.

(d) Such other information from owners and operators of electric
generating power plants as the board may require to carry out the
purposes of this article.

(e) A single comprehensive submission from industry groups, trade
associations, or combinations of such groups and associations in place
of submissions by individual member companies.

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
regulation. 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 public comment hearings and may 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 circumstance 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
of a decision by the board. The proceeding shall have a lawful
preference 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 in this section 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
considered 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.