reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 454 - Power Service › Section 454.12 - Modification or merger of rates

Current through Register Vol. 46, No. 28, July 10, 2024
The rates provided for in each service tariff or other
				  contract documents shall be subject to modification from time to time by the
				  authority pursuant to the provisions of the Power Authority Act or any other
				  applicable statutes. The authority may merge rates for power and energy made
				  available from some or all of its facilities.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 455 - Administrative Procedures › Section 455.1 - Notice of proposed action

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Except as provided in subdivision (d) of this section, whenever the authority
				proposes to undertake any of the following actions, notice shall be given as
				provided in subdivisions (b) and (c) of this section:
(1) amendment of any rate schedule or tariff
				for the sale of power and/or energy;
(2) approval of the rates and general
				conditions of service pursuant to which power and/or energy are sold by any
				municipal or cooperative customer of the authority; and
(3) adoption, amendment, suspension or repeal
				of any rule or regulation of the authority, other than those relating to
				internal management, which do not directly and significantly affect the rights
				of, or procedures or practices available to, the public.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 455 - Administrative Procedures › Section 455.2 - Notice of adoption

Current through Register Vol. 46, No. 28, July 10, 2024
Upon completion of any action listed in subdivision (a) of
				  section 455.1 of this Part, the secretary
				  shall file a copy of such action with the Secretary of State, together with an
				  appropriate certificate, and submit a notice of adoption to be published in the
				  State Register. The secretary shall at the same time transmit a copy of the
				  notice of adoption, including the complete text of the action to the Governor,
				  the Temporary President of the Senate, the Speaker of the Assembly, the
				  Administrative Regulations Review Commission, and the Office of Business
				  Permits and Regulatory Assistance. Such notice shall:
(a) cite the statutory authority under which
				the action was taken;
(b) state the
				express terms or describe the subject, purpose and substance of such
				action;
(c) state whether there
				have been any substantive changes reflected by the final action in comparison
				with the proposed action and identify such changes;
(d) give the anticipated effective date of
				the action;
(e) include an
				assessment of public comment;
(f)
				give the name, public office address and telephone number of the secretary from
				whom the express terms of the final action and any revised regulatory impact
				statement or regulatory flexibility analysis may be obtained; and
(g) include any additional matter required by
				statute.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 456 - Declaratory Rulings › Section 456.1 - Declaratory rulings

Current through Register Vol. 46, No. 28, July 10, 2024
Any person may petition the Power Authority for a declaratory
				  ruling with respect to the applicability to any person, property or state of
				  facts of any rule or statute enforceable by the Power Authority, or whether any
				  action taken by it should be taken pursuant to a rule.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 456 - Declaratory Rulings › Section 456.2 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requests for
				declaratory rulings shall be made to the general counsel of the authority upon
				a form prescribed by the authority which shall contain sufficient information
				to identify with particularity the person, the property or the state of facts
				and the rule or statute enforceable by the authority, the applicability of
				which is sought to be determined or shall identify with particularity the
				action, with respect to which the declaratory ruling is sought.
(b) Such request may be accompanied by a
				memorandum in support setting forth the reasons for the request. Requests
				pursuant to this subdivision shall be granted or denied by the general counsel,
				within 30 days of the date on which such request is received in proper form by
				the general counsel, provided that in the case of a request for a declaratory
				ruling with respect to whether an action by the authority should be taken
				pursuant to a rule, the request shall be granted or denied by the general
				counsel within 60 days of such date.
(c)
Request for a declaratory
				ruling.
POWER AUTHORITY OF THE STATE OF NEW YORK
123 Main Street
White Plains, NY 10601
Request for a Declaratory Ruling
Name _________ Business Phone _________
Representing
_______________________________________________________________________________________
Address
				  _______________________________________________________________________________
_______________________________________________________________________________________
Mailing Address (if different)
				  ___________________________________________________________
_______________________________________________________________________________________
Ruling Requested (Specify with particularity which person,
				  what property, or what state of facts and the rule or statute enforceable by
				  the Authority, the applicability of which is sought to be determined, or
				  identify with particularity the action with respect to which the declaratory
				  ruling is sought):
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
(more 81/2 × 11 pages may be attached if
				  required)
Check the following space if a memorandum in support
				  accompanies this request.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 457 - Late Payment Charges-municipal And Rural Electric Cooperative Systems › Section 457.1 - Late payment charge policy

Current through Register Vol. 46, No. 28, July 10, 2024
Any municipal or rural electric cooperative system in the
				  State of New York which purchases power from the Power Authority may elect to
				  impose a late payment charge, of a continuing interest type, because of the
				  failure of any retail customer to pay a bill for electric service within a
				  specified period therein stated.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 457 - Late Payment Charges-municipal And Rural Electric Cooperative Systems › Section 457.2 - Rate schedules

Current through Register Vol. 46, No. 28, July 10, 2024
If a late payment charge is imposed, the rate schedules shall
				  show the rates for service, the monthly percentage charge for late payment and
				  when the late payment charge becomes applicable.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 457 - Late Payment Charges-municipal And Rural Electric Cooperative Systems › Section 457.3 - Retail bills

Current through Register Vol. 46, No. 28, July 10, 2024
If any such municipal or cooperative system elects to impose
				  a charge for late payment for electric service, it shall show on each bill the
				  amount currently billed, the total amount due and any arrears and late payment
				  charge, each separately stated, the amount of the monthly percentage charge for
				  late payment and when such charge becomes applicable. In no event shall any
				  late payment charge become applicable less than 20 days after the date payment
				  was due. The date payment is due may not occur before personal service of the
				  bill or three days after the mailing of the bill.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 457 - Late Payment Charges-municipal And Rural Electric Cooperative Systems › Section 457.4 - Maximum rates

Current through Register Vol. 46, No. 28, July 10, 2024
If a late payment charge is imposed, it shall not exceed
				  11/2percent per month on the unpaid balance of any prior bill for service
				  including interest thereon, less all amounts received or credited against such
				  unpaid balance during the new billing period.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 457 - Late Payment Charges-municipal And Rural Electric Cooperative Systems › Section 457.5 - Pending complaint

Current through Register Vol. 46, No. 28, July 10, 2024
No late payment charge may be imposed by any municipal or
				  rural electric cooperative system on any residential bill which is the subject
				  of a pending complaint before the municipal or cooperative system, provided
				  that such charge may be imposed retroactively if the complaint is finally
				  resolved in favor of the municipal or cooperative system.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 457 - Late Payment Charges-municipal And Rural Electric Cooperative Systems › Section 457.6 - Other charges

Current through Register Vol. 46, No. 28, July 10, 2024
Except as provided elsewhere in this Part, no municipality or
				  cooperative system may utilize "gross-net" billing for any customer or charge
				  any customer a late payment charge, penalty, fee, interest, or other charge of
				  any kind for any late payment, collection effort, service disconnection or
				  deferred payment agreement occasioned by the customer's failure to pay timely
				  for electric service.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 458 - Minimum Insulation And Heating System Standards › Section 458.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
Any utility as hereinafter defined shall incorporate into its
				  service rules and enforce the minimum insulation and heating system standards
				  for existing dwellings, commercial buildings and mobile homes converting to
				  electric heat as set forth in section
				  458.2 of this
				  Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 458 - Minimum Insulation And Heating System Standards › Section 458.3 - Enforcement of compliance with construction standards of State Energy Conservation Construction Code

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Compliance with the State Energy Conservation Construction Code shall be a
				precondition for the provision, by any municipality or cooperative purchasing
				power from the Power Authority, of electric service to all new building
				construction, or to any addition, alteration or renovation of any existing
				building which materially changes its heating or cooling requirements, in any
				locality of the State which does not have a municipal building department or
				building permit process. A form of certificate of compliance, included as
				Appendix 10-C of this Title shall be provided to the builder or contractor when
				the builder/contractor first contacts the municipality or cooperative
				concerning electric service to any building or building improvement subject to
				the requirements of this section. The form shall be completed before the
				municipality or cooperative supplies electric service. In addition, an
				inspection of the premises by an employee of the municipal electric department,
				building code enforcement inspector or qualified representative of the
				municipal government is required to verify compliance with these
				standards.
(b) The State Energy
				Conservation Construction Code has been promulgated by the State Energy Office
				pursuant to article 11 of the Energy Law. The code applies to all new public
				and private buildings and construction of any addition, alteration or
				renovation of an existing building which materially increases the heating
				and/or cooling requirements of such a building. This code has been promulgated
				as regulations of the State Energy Office in 9 NYCRR Parts 7810 through
				7815.
(c) Unusual circumstances. In
				unusual circumstances when the application of the requirements of this section
				appears impracticable or inequitable, the utility or the applicant will refer
				the matter to the Power Authority for special ruling or for the approval of
				special conditions which may be mutually agreed upon.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 459 - Procedures For Notice Of Discontinuance Of Electric Service › Section 459.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
Any municipality or rural electric cooperative purchasing
				  essentially all of its power requirements from the Power Authority of the State
				  of New York shall incorporate into its service rules and enforce the procedures
				  governing discontinuance of electric service as set forth in sections 459.2
				  through 459.14 of this
				  Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 459 - Procedures For Notice Of Discontinuance Of Electric Service › Section 459.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following words and phrases as used in this Part shall
				  have the following meanings, unless a different meaning is plainly required by
				  the context:
(a) Customer means a
				person, firm or corporation purchasing electric service from a
				municipality.
(b) Elderly means age
				62 or older.
(c) Handicapped means
				having any physical or mental impairment which substantially limits one or more
				of such person's life activities, where such person is:
(1) certified as being physically disabled by
				a licensed physician; or
(2)
				certified as being mentally disabled by a licensed psychiatrist or registered
				psychologist.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 459 - Procedures For Notice Of Discontinuance Of Electric Service › Section 459.3 - Prior notice time requirement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				utility shall discontinue service for failure to pay electric service bills
				rendered or for failure to post a required deposit until at least 35 days have
				elapsed from date payment was due. Additionally, such termination cannot occur
				until:
(1) at least 15 days after written
				notice has been served personally upon a customer or resident 18 years of age
				or older; or
(2) at least 15 days
				after the utility mails written notice by a registered or certified letter to
				the customer at the address at which service is received.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 459 - Procedures For Notice Of Discontinuance Of Electric Service › Section 459.4 - Notice format

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every notice
				indicating discontinuance of service for nonpayment of service bills rendered
				or for failure to post a required deposit shall clearly state in nontechnical
				language:
(1) the reason for service
				discontinuance;
(2) the total
				amount required to be paid by the customer to avoid discontinuance of service,
				indicating the amount for which the customer's account is either in arrears or
				the required deposit, if any, which must be posted by the customer, or
				both;
(3) a method whereby the
				customer may tender payment of the full sum due and owing, including any
				required deposit or other mutually satisfactory arrangement, to avoid the
				discontinuance of service;
(4) the
				availability of utility procedures to consider customer complaints prior to
				discontinuance of service, including the address and phone number of the office
				of the utility which the customer may contact in reference to customer's
				account; and
(5) the earliest date
				on which discontinuance of service may be attempted.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 459 - Procedures For Notice Of Discontinuance Of Electric Service › Section 459.5 - Two family dwellings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				utility shall not discontinue electric service to a two family dwelling that it
				knows contains units where service is not metered separately unless the utility
				has given 15 days' written notice of its intention to terminate service as
				follows:
(1) a copy of such notice shall be
				mailed via registered or certified letter to the owner of the premises
				affected, or in lieu thereof, to the person, firm or corporation to whom or
				which the last preceding service bill has been rendered;
(2) a copy of such notice shall be mailed or
				otherwise delivered to each occupied unit; and
(3) where possible, a copy of such notice
				shall be posted in a conspicuous place at or within the dwelling.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 459 - Procedures For Notice Of Discontinuance Of Electric Service › Section 459.6 - Multiple unit dwelling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				utility shall not discontinue service to an entire multiple unit dwelling
				(defined as containing three or more individual dwelling units) where the
				customer to whom the last preceding bill has been rendered, or from whom or
				which the utility has received payment therefor, has failed to pay such
				electric bills until 35 days have elapsed from the date payment was due.
				Additionally such termination cannot occur until the utility has complied with
				the following procedures:
(1) The utility
				must give 15 days' written notice of its intention to so discontinue by
				personally serving such notice on the owner of the premises affected or on the
				customer to whom the last preceding bill was rendered, or from whom or which
				the utility has received payment therefor, and on the superintendent or other
				person in charge of the building, if it can be readily ascertained that there
				is such superintendent or other person in charge.
(2) The utility must give 15 days' written
				notice by registered or certified letter to the owner or customer specified in
				paragraph (1) of this subdivision, if such notice is mailed to the address of
				such person(s), firm or corporation.
(3) In addition to the notice prescribed by
				paragraphs (1) and (2) of this subdivision, 15 days' written notice shall be
				posted in the public areas of such multiple dwelling; and 15 days' written
				notice shall be mailed to the occupant of each unit in that multiple dwelling
				and to the local health officer and director of the social services district
				for the political subdivision in which the multiple dwelling is located. Notice
				to health officers and directors of social services shall be repeated not more
				than four working days nor less than two working days prior to such
				discontinuance.
(4) Whenever a
				notice of intention to discontinue electric service has been made pursuant to
				the provisions of this section and obligations owed the utility have been
				satisfied, the utility shall, in the same manner as it gave such notice of
				intention, notify the occupant of each unit that the intention to discontinue
				electric service no longer exists.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 459 - Procedures For Notice Of Discontinuance Of Electric Service › Section 459.7 - Tampering and theft of services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Except as provided for in section
				459.9 of this Part, a utility may
				reserve the right to discontinue service to a customer in any and all cases in
				which the facts establish, with reasonable certainty, that the meter or service
				laterals, or any part of same, have been tampered with in any manner which
				affects the proper operations of the same or the registering on the meter of
				the full amount of electricity being consumed. In cases where tampering and/or
				theft of service has been established, the customer shall pay the following
				charges to the utility:
(1) the amount owed
				based upon the estimated consumption of electricity not recorded on the meter;
				and
(2) the damage to or any loss
				or destruction of the meter and other property of the utility. All damages will
				be based on current replacement cost.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 459 - Procedures For Notice Of Discontinuance Of Electric Service › Section 459.8 - Days and hours during which service may be discontinued

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Electric service may be discontinued on
				Monday through Thursday during the regular business hours of the utility.
				Service may not be discontinued on, or immediately preceding, a day in which
				the office of the utility is not open for business or on a public holiday. The
				utility may refuse to resume electric service so long as any part of the amount
				due remains unpaid, unless other mutually satisfactory arrangements are
				made.
(b) A utility may not
				discontinue service for nonpayment of service bills rendered or failure to post
				a required deposit until it has taken reasonable steps to verify that payment
				was not received or posted to the customer's account up to the day that
				disconnection is to occur. Receipt of a subsequently dishonored negotiable
				instrument in response to a notice of discontinuance of service shall not
				constitute payment and no further notice need be issued prior to
				discontinuance.
(c) Such
				discontinuance of electric service will not relieve customer of liability for
				any minimum charge during the time electric service is so
				discontinued.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 459 - Procedures For Notice Of Discontinuance Of Electric Service › Section 459.10 - Special provision for the elderly and handicapped

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the utility knows, or reasonably
				should know, that all the residents of a household are elderly, handicapped, or
				18 years of age or younger, procedures as set forth in subdivision (a) of
				section 459.9 of this Part shall be
				followed throughout the entire year.
(b) The utility annually may survey its
				customers to determine the applicability of this provision to each residential
				service address. The utility is not liable for the failure of any customer to
				furnish such information.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 459 - Procedures For Notice Of Discontinuance Of Electric Service › Section 459.11 - Medical emergencies

Current through Register Vol. 46, No. 28, July 10, 2024
Electric service to a residence shall not be terminated where
				  a medical doctor or local board of health has certified in writing that
				  termination of service will aggravate an existing medical emergency at a
				  customer's residence, provided that an initial certification by telephone is
				  authorized if written certification is received within the next five business
				  days.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 459 - Procedures For Notice Of Discontinuance Of Electric Service › Section 459.12 - Unsafe or hazardous conditions

Current through Register Vol. 46, No. 28, July 10, 2024
In the event of special situations such as storms, cable
				  breaks, accidents, or other cases involving emergency maintenance and unsafe or
				  hazardous conditions, electric service may be temporarily terminated without
				  prior notice.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 459 - Procedures For Notice Of Discontinuance Of Electric Service › Section 459.13 - Reconnection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except in
				extreme and unusual circumstances or where a customer requests otherwise, the
				utility shall reconnect service to any disconnected residential customer not
				more than 24 hours after any of the following events:
(1) receipt by the utility of the full amount
				due and owing (including arrears, reconnection charges, collection charges,
				and, if applicable, a security deposit when requested in writing) for which
				service had been disconnected;
(2)
				agreement by the utility to a plan by which the customer is obliged to satisfy
				the arrears;
(3) receipt of a
				commitment of a direct payment or a written guarantee of payment from the local
				social services commissioner; or
(4) direction by the Power Authority of the
				State of New York.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 459 - Procedures For Notice Of Discontinuance Of Electric Service › Section 459.14 - Installment plan

Current through Register Vol. 46, No. 28, July 10, 2024
No utility shall terminate service unless the utility has
				  first offered a monthly installment plan that is just and equitable. Each
				  utility must offer a just and equitable monthly plan to all customers whose
				  service has been disconnected for nonpayment. To the extent practicable, the
				  monthly installment plan should be based on the customer's ability to pay, past
				  payment history, the amount of indebtedness, and the availability of other
				  resources. The monthly installment plan should require a customer to pay
				  current bills and a portion of past indebtedness and may include a provision
				  for payment of interest on the arrears. Such agreement may provide for a
				  downpayment of the arrears provided that no such downpayment shall exceed
				  one-half of the amount of the arrears or three months average billing,
				  whichever is less. Such agreement may be renegotiated and amended where the
				  customer can demonstrate that there have been significant changes in his or her
				  financial circumstances which have arisen due to conditions beyond the
				  customer's control.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 460 - Procedures For Allocation Of Industrial Power And Enforcement Of Contracts › Section 460.1 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
All entities requesting power for manufacturing or other
				  industrial purposes shall be required to complete an application in a format
				  prescribed by the authority. There shall be no priority attached to
				  applications based on the date of receipt by the authority, provided that the
				  authority may in appropriate circumstances require that applications be filed
				  on or before a particular date.
(a)
				Direct application. Industrial firms may make direct application to the
				authority for any power available for industrial purposes, except that
				application for authority power available from public bodies shall be made in
				accordance with subdivision (b) of this section, and applications for economic
				development power, as defined in subparagraph (a) of the ninth unnumbered
				paragraph of section
				1005 of
				the Public Authorities Law, shall be submitted to the Economic Development
				Power Allocation Board in accordance with its rules and regulations.
(b) Application by public bodies.
				Applications for industrial power which may be available for resale by a public
				body must be submitted by the public body on behalf of the industrial firm,
				except that applications by municipalities or municipal agencies for economic
				development power shall be made in accordance with the rules and regulations of
				the Economic Development Power Allocation Board.
(c) Recommendations to the authority by the
				New York State Economic Development Power Allocation Board. Recommendations to
				the authority by the Economic Development Power Allocation Board for
				allocations of economic development power, pursuant to sections
				182
				through
				188 of
				the Economic Development Law as added by chapter 32 of the Laws of 1987, shall
				be reviewed by the authority in accordance with the applicable criteria set
				forth in this Part to the extent such criteria are not inconsistent with the
				applicable criteria set forth in said sections 182 through 188. With respect to
				any such recommendations, the authority shall review the application made to
				such board and such other information as the board may provide the authority.
				The authority may request such additional information from the applicant and/or
				the board that it deems necessary to act upon the board's
				recommendation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 460 - Procedures For Allocation Of Industrial Power And Enforcement Of Contracts › Section 460.2 - Notification and advertisement of available industrial power

Current through Register Vol. 46, No. 28, July 10, 2024
When power, other than economic development power, becomes
				  available for long-term allocation to industrial customers, pursuant to section
				  460.1(a) or (b)
				  of this Part, or when the trustees determine that circumstances warrant a
				  prospective allocation of such power on an "as available" basis, further
				  applications for such power or for prospective allocation shall be solicited by
				  public notice. Notice shall be in the form of newspaper advertisements, press
				  releases and/or by such other means as the trustees find appropriate. Notices
				  and advertisements shall make reference to the allocation criteria set forth in
				  this Part. The New York State Department of Economic Development shall be
				  contacted to assist in attracting suitable applicants from within and without
				  the State. Specific notice of any available replacement power shall also be
				  given to existing replacement power customers under the terms of the 1982
				  replacement power settlement agreement.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 460 - Procedures For Allocation Of Industrial Power And Enforcement Of Contracts › Section 460.3 - Application review

Current through Register Vol. 46, No. 28, July 10, 2024
The authority shall review each industrial power application
				  made to the authority and it may request additional information from an
				  applicant to assist in its review. After completion of a review and evaluation
				  of the relative merits of all applications under consideration in accordance
				  with the criteria set forth in this Part, the president will submit recommended
				  allocations to the authority's trustees for their approval or
				  disapproval.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 460 - Procedures For Allocation Of Industrial Power And Enforcement Of Contracts › Section 460.4 - Job and usage requirements

Current through Register Vol. 46, No. 28, July 10, 2024
All new allocations shall be specifically contingent upon
				  commitments by the recipient to maintain specified levels of employment and
				  power usage. A recipient's power allocation shall be subject to reduction if
				  the specified employment and/or power usage levels are not maintained, provided
				  that consideration will be given to short-term economic fluctuations and/or
				  operational constraints (e.g., retooling, construction, rehabilitation of
				  facilities). New allocations shall be subject to reporting requirements on a
				  periodic basis with respect to power usage, employment levels and any agreed-
				  upon affirmative action and minority- and women-owned business commitments.
				  Reports shall be submitted in verified form either directly to the authority
				  or, in the case of allocations by a public body, to the authority by the public
				  body. All such job, usage and other commitments and reporting requirements
				  shall be included in the agreement between the recipient and the authority or
				  the public body, as the case may be, and shall be binding on the recipient
				  during the term of the agreement. The authority shall be a third-party
				  beneficiary of such contractual commitments between a recipient and a public
				  body and shall have the right to seek enforcement thereof.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 460 - Procedures For Allocation Of Industrial Power And Enforcement Of Contracts › Section 460.6 - Temporary allocations of industrial power

Current through Register Vol. 46, No. 28, July 10, 2024
Temporary allocations (i.e., allocations of temporarily
				  available power which remain under contract with another entity or which are
				  subject to termination or reduction when required for a new long-term
				  contractual allocation) shall be considered strictly on a case-by-case basis
				  and, while such allocations will be generally reviewed in accordance with the
				  criteria concerning the allocation of power to industry set forth herein, they
				  shall not be subject to the detailed notice requirements set forth in section
				  460.2 of this Part. Applicants for
				  temporary allocations must satisfy at least one of the following
				  criteria:
(a) capital investment in
				plant modernization or expansion resulting in work force expansion or
				maintenance;
(b) implementation of
				a freeze or cut in salaries/wages and/or benefits for management and employees;
				or
(c) financial difficulties which
				seriously jeopardize the continued viability of a facility.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 460 - Procedures For Allocation Of Industrial Power And Enforcement Of Contracts › Section 460.7 - Transfers of industrial power

Current through Register Vol. 46, No. 28, July 10, 2024
Any transfer of an industrial power allocation between
				  facilities of a customer or from one customer to a new customer shall be
				  specifically subject to written authority approval, and in the case of economic
				  development power, the written approval of the Economic Development Power
				  Allocation Board. Consideration shall be given to the effect of any transfer on
				  retention of employment and economic benefits to the State. The authority shall
				  view any transfer (including transfers between a customer's facilities) which
				  is accomplished without its approval as invalid and such transfer shall subject
				  the customer to revocation of its allocation. In the case of replacement or
				  expansion power, such approval shall be based on the authority's contracts with
				  Niagara Mohawk Power Corporation and New York State Electric & Gas
				  Corporation, as well as the service contracts between these utilities and the
				  industrial customers involved.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 461 - Implementation Of The State Environmental Quality Review Act › Section 461.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The Power Authority of the State of New York, generally known
				  as the New York Power Authority, develops and supplies economic energy
				  generation for the people of the State of New York in order to promote economic
				  growth and the general welfare. In meeting these goals, the Power Authority
				  seeks to balance environmental, energy, safety and economic needs of the people
				  of the State of New York. The purpose of this Part is to establish additional
				  procedures for the implementation of the State Environmental Quality Review Act
				  (SEQRA) by the Power Authority in accordance with the authority contained in
				  section
				  8-0113 of the Environmental Conservation
				  Law (ECL).
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 461 - Implementation Of The State Environmental Quality Review Act › Section 461.2 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
				  person or circumstance is determined to be contrary to law by a court of
				  competent jurisdiction, such determination shall not affect or impair the
				  validity of the other provisions of this Part or the application thereof to
				  other persons or circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 461 - Implementation Of The State Environmental Quality Review Act › Section 461.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Actions
				include:
(1) projects or physical activities,
				such as construction or other activities, which change the use or appearance of
				any natural resource or structure, which:
(i)
				are directly undertaken by an agency;
(ii) involve funding by an agency;
				or
(iii) require one or more
				permits from an agency or agencies;
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 461 - Implementation Of The State Environmental Quality Review Act › Section 461.4 - Designation of lead agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the
				action is a Type I or unlisted action, the director shall determine if other
				agencies qualify as involved agencies.
(b) Where it is determined that other
				agencies are involved, the director shall mail the completed EAF, with Part 1
				thereof completed, and a copy of an application, if applicable, to the involved
				agencies, notifying them that, within 30 calendar days of the date the EAF was
				mailed to them, a lead agency must be designated by agreement among them. If no
				lead agency is agreed upon within the 30-day period, the Power Authority,
				pursuant to 6 NYCRR 617.6(b)(5)(i), may request by certified mail or other form
				of receipted delivery the commissioner of the New York State Department of
				Environmental Conservation to designate a lead agency.
(c) Where it is determined that other
				agencies are involved and the activity is unlisted, the procedures set forth in
				subdivision (b) of this section are discretionary.
(d) Where an agency other than the Power
				Authority is determined to be a lead agency, the regulations of that agency
				apply in lieu of this Part; provided, however, that the determinations required
				pursuant to section
				461.13(b) of this
				Part must be made.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 461 - Implementation Of The State Environmental Quality Review Act › Section 461.5 - Action by the Power Authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If
				the action is an excluded, an exempt or a Type II action, no action under this
				Part is necessary.
(b) As early as
				possible, in the formulation and design of an action to be undertaken directly
				by the Power Authority, the director shall conduct an environmental analysis of
				the proposed action to determine whether the action may or will not have a
				significant effect on the environment.
(c) If the director determines that the
				action is a Type I action which will not have a significant effect on the
				environment, the director shall prepare and file a negative declaration
				following the procedures set forth in section
				461.11(a) of this
				Part.
(d) If the director
				determines that the action is a Type I or unlisted action which may have a
				significant effect on the environment, and that the action does not require
				approval by other agencies, the director shall immediately prepare and file a
				positive declaration following the procedures set forth in section
				461.11(a) of this
				Part. The director shall prepare or cause to be prepared draft and final EIS's
				following the procedures set forth in subdivisions (b)-(d) of such
				section.
(e) If the director
				determines that the action is a Type I or unlisted action which may have a
				significant effect on the environment, and that the action requires approval by
				other agencies, the director shall follow the procedures set forth in section
				461.4 of this Part. If it is
				determined that the Power Authority is the lead agency, the procedures of
				subdivisions (c) and (d) of this section relating to the determination of
				significance and the preparation of an EIS shall be followed.
(f) If the director determines that the
				action is an unlisted action which will not significantly affect the
				environment, the director shall maintain a file of that determination and
				supporting reasons available for public inspection. Notices set forth in
				section 461.11 of this Part are not
				required.
(g) In the case of
				applications for permits or funding from the Power Authority, the director may
				require the applicant to supply any information in a specified form necessary
				to make the determinations required by this section or the preparation of an
				EAF. If an EIS is required, the applicant may prepare the EIS or request the
				authority to prepare it.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 461 - Implementation Of The State Environmental Quality Review Act › Section 461.7 - Type II actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Actions or
				classes of actions which have been determined not to have a significant effect
				on the environment are classified as Type II actions.
(b) A list of Type II actions is contained in
				section 461.17 of this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 461 - Implementation Of The State Environmental Quality Review Act › Section 461.8 - Actions involving a Federal agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a draft and final EIS for an action
				will be or has been prepared under the National Environmental Policy Act of
				1969 (NEPA), the Power Authority shall have no obligation to prepare an
				additional EIS under this Part.
(b)
				When a negative declaration or other written threshold determination that the
				action will not require a Federal impact statement has been prepared under
				NEPA, the determination shall not constitute compliance with SEQRA. In such
				cases, the Power Authority shall follow the requirements for a SEQRA review
				contained in this Part.
(c) No
				SEQRA findings are required for actions which are excluded or exempt from
				SEQRA.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 461 - Implementation Of The State Environmental Quality Review Act › Section 461.9 - Preparation and content of environmental impact statements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) EIS's shall be clearly and concisely
				written in plain language that can be read and understood by the public. Within
				the framework presented in subdivision (d) of this section, EIS's should
				address in detail only those specified adverse or beneficial environmental
				impacts which can be reasonably anticipated. They should not contain more
				detail than is appropriate, considering the nature and magnitude of the
				proposed action and the significance of its potential impacts. Highly technical
				material shall be summarized, and if it must be included in its entirety, it
				shall be referenced in the statement and included in an appendix.
(b) All draft and final EIS's shall be
				preceded by a cover sheet stating:
(1)
				whether it is a draft or final EIS;
(2) the name or descriptive title of the
				action;
(3) the location (county
				and town, village or city) of the action;
(4) the name and address of the Power
				Authority, and the name and telephone number of a person at the Power Authority
				who can provide further information;
(5) the names of individuals or organizations
				that prepared any portion of the statements;
(6) the date of its acceptance by the Power
				Authority; and
(7) in the case of a
				draft EIS, the date by which comments must be submitted.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 461 - Implementation Of The State Environmental Quality Review Act › Section 461.10 - Programmatic or generic environmental impact statements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A programmatic or generic environmental
				impact statement may be used to assess the environmental effects of:
(1) a number of separate actions in a given
				geographic area which, if considered singly may have minor effects, but if
				considered together may have significant effects;
(2) a sequence of actions, contemplated by
				the Power Authority, a single agency or individual;
(3) separate actions having generic or common
				impacts; and
(4) programs or plans
				having wide application or restricting the range of future alternative policies
				or projects.