NY Pub Serv L § 66-F (2021)
2021 New York Laws PBS - Public Service Article 4 - Provisions Relating to Gas and Electric Corporations; Regulation of Price of Gas and Electricity 66-F - Purchase and Procurement of Natural Gas at Lowest Available Price.

§ 66-f. Purchase  and  procurement  of natural gas at lowest available   price. 1. The commission shall have the  authority  to  direct  any  gas   corporation subject to the jurisdiction of the commission to purchase or   procure  natural  gas at the lowest available price as determined by the   commission.2. A gas corporation shall be required to purchase supplies of natural   gas whenever a natural gas producer provides the gas corporation with at   least six months prior notice of the availability of such gas,  and  the   delivered  cost  of  such  gas  is  equal  to  or  less than the highest   delivered cost of natural gas produced outside the state which  the  gas   corporation  would  otherwise  purchase  or acquire, adjusted to reflect   substantive differences, if any, in the terms and conditions  applicable   to  the  sale of such gas over the period of availability of the natural   gas; provided, however, that no gas corporation  shall  be  required  to   purchase  natural  gas where it can demonstrate such purchase would have   an adverse impact  upon  its  ratepayers,  which  cannot  be  reasonably   mitigated.3.  A  gas  corporation  shall  respond to a notice of availability of   supplies of natural gas at a specified  delivered  cost  provided  by  a   producer  of  such  gas  within one month of the receipt of such notice,   and, if it indicates its intent not to  purchase  such  supplies,  shall   provide  in  detail  its  reasons  therefor.  A natural gas producer may   petition the public service  commission,  within  fifteen  days  of  the   receipt  of  a gas corporation's response, to order such gas corporation   to comply with subdivision one of  this  section.  Such  petition  shall   contain  sufficient  information to demonstrate the petitioner's ability   to provide the supplies of natural gas  offered  for  sale  to  the  gas   corporation.  A copy of such petition shall also be served upon such gas   corporation. Within twenty-one days of the receipt of such a petition, a   gas  corporation  shall  file  such  information  as  is  necessary   to   demonstrate  that  the  purchase  of  natural  gas  during the period of   availability at the specified delivered cost of such gas would  have  an   adverse impact upon its ratepayers. The petitioner and others shall have   the opportunity to comment upon the filing by the gas corporation within   twenty-one  days  of such filing. The commission shall take final action   on any such petition within forty days after the  date  upon  which  the   petitioner's  comments  are  due.  The  commission  may  require  a  gas   corporation to purchase all or a portion of the supplies of natural  gas   offered  by  the  petitioner  during  the  period of availability at the   specified delivered cost, or at such other cost as will not result in an   adverse impact upon such gas corporation's ratepayers. Nothing  in  this   section  shall  require  a producer of natural gas to sell such gas to a   gas corporation at a cost other than that specified  in  its  notice  of   availability.