2023 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 articles seven and eight 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.
* NB Effective until December 31, 2040
* 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.
* NB Effective December 31, 2040
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.