NY Energy L § 6-106 (2021)
2021 New York Laws ENG - Energy Article 6 - Energy Planning 6-106 - Conduct of the State Energy Planning Proceeding.

§  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.