2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 1-B - North Country Power Authority › 1021-B - North Country Power Authority.

§ 1021-b. North Country power authority. 1. A corporation known as the
North Country power authority is hereby established and charged with the
duties and having the powers provided in this title. The authority shall
be a state authority, a body corporate and politic constituting a public
benefit  corporation,  a  political subdivision of the state, exercising
governmental and public powers, perpetual in duration, capable of  suing
and  being  sued  and having a seal, and which shall have the powers and
duties enumerated in this title, together with such  others  as  may  be
conferred upon it by law.
2.  The authority shall be governed by a board of directors consisting
of nine directors, to be residents  of  the  service  area,  and  to  be
appointed  by the governor. Seven such directors shall be appointed upon
the recommendation of the supervisors and mayors of  the  municipalities
within  the  following  regions, with the designations to be made in the
following manner: the village of Potsdam will designate one designee  to
be  forwarded  to  the  governor;  the village of Canton and the town of
Canton will jointly designate  one  designee  to  be  forwarded  to  the
governor;  the  towns  of  Bombay,  Brasher,  Fort  Covington, Moira and
Westville will jointly designate one designee to  be  forwarded  to  the
governor;  the towns of Fowler and Gouverneur will jointly designate one
designee  to  be  forwarded  to  the  governor;  the  towns  of  Lisbon,
Louisville,  Madrid,  Norfolk  and Waddington will jointly designate one
designee to  be  forwarded  to  the  governor;  the  towns  of  Potsdam,
Stockholm,  Colton and the village of Norwood will jointly designate one
designee to be forwarded to the  governor;  and  the  towns  of  DeKalb,
Edwards,  Hermon,  Russell  and  Pierrepont  will  jointly designate one
designee to be forwarded to the governor.  Every  decade  the  directors
shall examine the population of the seven regions, and if needed, adjust
the  make-up  or  demarcation  of  the  regions,  for  the  necessity or
convenience of performing its functions and  administering  its  affairs
and to maintain a reasonable equality of population between the regions.
The  governor  shall  select one of the directors to serve as chair, and
such chair shall serve at the pleasure of  the  governor.  The  term  of
office  of a director, including the director serving as chair, shall be
five years, but in the first instance such directors shall be  appointed
to  hold  office  as follows: three for one year; three for three years;
and three for five years. Upon resignation of a director, or  a  vacancy
occurring  in  any  other  manner,  such  vacancy  shall  be  filled  by
appointment for the unexpired term. In  other  respects,  all  vacancies
shall be filled in the manner corresponding to the original appointment.
Each  director shall continue to hold office and serve until a successor
is appointed, qualified and assumes office.
3. The members of the board shall serve without compensation but shall
be entitled to reimbursement of  their  actual  and  necessary  expenses
incurred  in  the  performance  of  their  official  duties,  as  may be
authorized by the directors, in each case upon appropriate documentation
by the submitting director. No director or any entity, the  majority  of
which  is  owned  or  controlled  by  any  director,  shall  receive any
additional compensation from NCPA or be employed by NCPA  in  any  other
capacity by whatever means.
4.  Five  directors  shall  constitute a quorum for the transaction of
business, and the affirmative vote of five directors at a meeting  shall
be  necessary to the validity of any resolution, order or determination.
The directors, in by-laws or by resolution, may allow for attendance  at
a  meeting  of  the  directors  by speaker phone or any other electronic
means by which all meeting participants can hear one another.
5. The directors shall appoint an executive committee of not less than
three directors and shall delegate such duties and  responsibilities  of

the  directors  to the executive committee as it may determine from time
to time, except that the directors shall not delegate to  the  executive
committee  the  power  to  authorize  the  issuance  of  securities. The
directors  may  appoint  such additional committees with such duties and
responsibilities as they may determine from time to time.
6. (a) The directors shall from time to time select such officers  and
employees,  including  a  chief  executive officer and such engineering,
management  and  legal  officers,  and  other  professional   employees,
including   but  not  limited  to  accounting,  planning,  construction,
finance, appraisal, banking and trustee services, as the  directors  may
require  for  the  performance  of  their duties and shall prescribe the
duties and compensation of each such officer and employee.
(b) If any employees are hired as a consequence of an  acquisition  of
the assets of National Grid, they shall be hired subject and be entitled
to  all  applicable provisions of (i) any existing contract or contracts
with labor unions and (ii) all  existing  pension  or  other  retirement
plans.   Notwithstanding the provisions of any general, special or local
law, the board may  determine  that  such  class  of  employees  of  the
authority  may  elect to become members of the New York state employees'
retirement system on the basis of compensation payable to  them  by  the
authority.
7.  (a)  The authority shall be subject in all respects to the general
supervision and jurisdiction of the public  service  commission  in  the
same   manner  as  a  municipal  electric  utility  is  subject  to  the
jurisdiction of the public service commission under the  public  service
law.
(b)  The  authority  shall  not  make  any  commitment, enter into any
agreement nor incur any indebtedness  unless  prior  approval  has  been
received  from  the  New  York  state  public  authorities control board
pursuant to article one-A of this chapter.
(c) In addition to all of the powers of the public service commission,
prior to acquiring any property and commencing operations, the authority
shall secure an order from the commission authorizing  such  acquisition
and  commencement.  The  commission  shall  have  the  power to deny the
authority's application to acquire property and commence operations. The
authority  shall  comply  with  any  and  all  requests  for  documents,
materials,  and  testimony  that the commission may seek. The commission
shall consider, including but not  limited  to,  the  following  factors
before   issuing   an  order:  ratepayer  impacts;  system  reliability;
environmental impacts, conservation of energy resources; preservation or
creation of economic opportunities; power efficiency  and  availability;
public  health  and welfare; and any other factor it deems relevant. The
authority granted  pursuant  to  this  paragraph  shall  terminate  upon
commencement of distribution of power.
8.  The  authority  and  its  corporate existence shall continue until
terminated by law, provided, however, that no such law shall take effect
so long as the  authority  shall  have  securities  outstanding,  unless
adequate provision has been made for the payment thereof.
9.  In  the  event  that  the  authority  does not commence delivering
electric power within ten years of the effective date of this title, the
authority shall cease to exist and the provisions of this title shall be
of no further force and effect, subject to the terms of any bonds, notes
or other debt obligations then outstanding.