New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.118 - Executive order no. 118: establishing an integrated energy resource planning process to be jointly implemented by the state energy office and the departments of public service and environmental conservation

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, statutory direction for the adoption of a State
					 energy master plan and long-range electric and gas report expired on January 1,
					 1984, and legislative efforts to reenact an energy planning process have been
					 unsuccessful;
WHEREAS, the development, implementation and periodic
					 review of a comprehensive and integrated energy resource plan remains critical
					 to enabling the State to determine its future energy needs and to ensure a
					 rational and effective means of meeting those needs;
WHEREAS, decisions made with respect to the means for
					 meeting the State's future energy needs can have significant impacts not only
					 on costs borne by residential and business energy consumers, but on the
					 preservation and enhancement of the environment, the health, safety and general
					 welfare of the public and economic development within the State;
WHEREAS, global warming, acid deposition, ozone
					 enhancement, increased transportation demand, solid waste disposal and
					 increased dependency on imported energy supplies are of critical concern and
					 must be addressed in integrated energy resource planning;
WHEREAS, discrete State actions and determinations with
					 respect to energy resources should be based on clearly identified policies and
					 long-range energy planning objectives and strategies;
WHEREAS, the efficiency and effectiveness of government
					 decisionmaking can also be enhanced by the use of consistent and rational
					 assumptions with respect to future energy needs, availability and price
					 projections;
WHEREAS, the State Energy Office is authorized to undertake
					 analyses to determine present and projected energy use, supply and demand, and
					 to obtain reports and information in connection therewith; and to provide
					 advice with respect to all energy-related matters, including how best to obtain
					 and maintain an adequate and continuous supply of safe, dependable and
					 economical energy for the people of the State;
WHEREAS, the Department of Environmental Conservation
					 coordinates and develops policies, plans and programs related to the
					 environment of the State, is broadly concerned with the impacts of the use of
					 energy resources on water, land and air quality, and is currently responsible
					 for reviewing applications and issuing permits in connection with certain
					 energy facilities;
WHEREAS, the Department of Public Service and the Public
					 Service Commission, exercise certain jurisdiction over the manufacture,
					 conveying, transportation, distribution and pricing of electricity and gas by
					 the investor-owned utilities, including investor-owned utility corporate
					 planning to assure safe and adequate service, at just and reasonable rates and
					 the commission has directed the investor-owned electric utilities in the State
					 to establish bidding procedures for future electric generation and to develop
					 comprehensive demand-side management programs;
WHEREAS, it is the public's interest to have these three
					 agencies develop and review an integrated energy resource plan which projects
					 future energy needs and makes other projections related to energy prices and
					 availability, and includes a statement of basic policies and long-range energy
					 planning objectives and strategies to guide energy-related decisionmaking by
					 State government; and
WHEREAS, the development of the first integrated energy
					 resource plan will parallel the development of competitive bidding programs for
					 future electric generation, and there is a need for coordination of these
					 processes to ensure that these bidding programs receive as much guidance as
					 possible, consistent with their timely implementation, from the planning
					 process;
NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and Laws
					 of the State of New York, do hereby establish an integrated energy resource
					 planning process to be jointly implemented by the State Energy Office, the
					 Department of Public Service and the Department of Environmental Conservation,
					 with input from other public and private entities, for the purpose of
					 developing and periodically updating an integrated energy resource plan, which
					 shall identify basic policies, long-range energy planning objectives and
					 strategies, future energy needs and price projections, and which shall guide
					 energy-related actions and decisions and otherwise be utilized by State
					 departments, agencies and authorities as provided herein.
I. INTEGRATED ENERGY RESOURCE PLAN
The integrated energy resource plan, and updates thereof,
					 to be issued jointly by the Commissioner of the State Energy Office, the
					 chairman of the Department of Public Service and the Commissioner of the
					 Department of Environmental Conservation pursuant to this Executive Order,
					 shall include the following:
a. demand
				  forecasts for electricity, gas, coal and petroleum products, including
				  transportation fuels, over forecast periods of not less than 15 years, for the
				  service areas of the State's major electric and gas utilities and/or for the
				  State as a whole, as appropriate, taking into account reasonably expected
				  changes in demographic and economic activity and other similar factors, and
				  energy conservation, load management and other demand-reducing measures
				  reasonably expected to occur which will affect future end- use energy
				  requirements over the forecast periods;
b. energy supply requirements needed to
				  satisfy forecasted demand for electricity, gas, coal and petroleum products,
				  including transportation fuels, for the service areas of the State's major
				  electric and gas utilities and for the State as a whole, as appropriate, over
				  the forecast periods, including with respect to electricity, the amount of
				  capacity needed to provide adequate reserve margins and the amount of electric
				  energy needed to compensate for transmission and distribution losses, and to
				  meet out-of-state sales commitments and internal use and, with respect to gas,
				  the amount of gas needed to compensate for lost and unaccounted for gas, and to
				  meet out-of-state sales commitments and internal use;
c. assessments of the ability of the existing
				  energy supply sources and the existing transmission or fuel transportation
				  systems, to satisfy, together with those sources or systems reasonably certain
				  to be available, the resource supply requirements for electricity, gas, coal
				  and petroleum products, including transportation fuels, over the forecast
				  periods;
d. projections of energy
				  prices over the forecast periods;
e. identification of the extent to which
				  additional energy conservation, load-management and other demand-reducing
				  measures can be achieved over the forecast periods beyond those measures whose
				  impact has been incorporated into the demand forecasts for electricity, gas,
				  coal and petroleum products, including transportation fuels;
f. identification of the reasonable
				  alternative energy supply sources which can become available over the forecast
				  periods beyond those identified in subparagraph c above;
g. analysis of the costs, risks, benefits and
				  uncertainties of alternative energy supply sources and additional
				  demand-reducing measures for satisfying resource supply requirements over the
				  forecast periods which are not reasonably certain to be met by the energy
				  supply sources included in the assessment under subparagraph c above. This
				  analysis shall include an analysis of the environmental impacts of the
				  alternative means of addressing increased transportation demands and mitigation
				  measures available to minimize potential adverse impacts, including further
				  diversification of transportation fuels, mass transportation options and
				  alternative automotive engine design technology; and a specific analysis of the
				  environmental impacts of alternative electricity supply scenarios, including
				  energy generated from resource recovery, and mitigation measures available to
				  minimize potential adverse impacts;
h. a statement of energy policies and
				  long-range energy planning objectives and strategies appropriate to achieve,
				  among other things, the least cost integration of energy supply sources and
				  demand-reducing measures for satisfying resource supply requirements, giving
				  due regard to such factors as security and diversity of fuel supplies and
				  generating modes, protection of public health and safety, preservation and
				  enhancement of the environment, and conservation of energy and energy
				  resources;
i. recommendations, as
				  appropriate and desirable, for administrative and legislative actions to
				  implement such policies, objectives and strategies;
j. an analysis of the probable impacts of the
				  implementation of such recommendations upon economic development within the
				  State, consumer energy costs, specifically including low-income consumers, the
				  health, safety and welfare of the people of the State, and the quality of the
				  State's environment;
k. an
				  identification and analysis of emerging trends related to energy supply, price
				  and demand; and l. such other information as is deemed appropriate.