Readoption to Stay the Commission Order Issued October 28, 2013
NY-ADR
3/5/14 N.Y. St. Reg. PSC-50-13-00002-E
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 9
March 05, 2014
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
EMERGENCY RULE MAKING
I.D No. PSC-50-13-00002-E
Filing Date. Feb. 18, 2014
Effective Date. Feb. 18, 2014
Readoption to Stay the Commission Order Issued October 28, 2013
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
On 1/16/14, the PSC readopted the emergency rule staying the petition of Dynegy Danskammer, LLC in the Order Modifying Prior Order and Adopting Further Procedures, issued October 28, 2013.
Statutory authority:
Public Service Law, sections 5(1)(b), 65(1), (2), (3), 66(1), (3), (5), (8), (10) and 70
Finding of necessity for emergency rule:
Preservation of public health, public safety and general welfare.
Specific reasons underlying the finding of necessity:
This action is taken on an emergency basis pursuant to State Administrative Procedure Act (SAPA) § 202(6). The modifications of the prior Order issued April 22, 2013 in Case 13-E-0012 are necessary to address the consequences of the Federal Energy Regulatory Commission’s creation of the new Hudson Valley electric capacity zone. Electric rate increases expected within the new zone would adversely affect businesses, retard economic development, reduce employment opportunities and cause homeowners to experience financial stress. The modifications to the prior Order will open the possibility of returning the Danskammer generation facility to operation in the zone. If the cost of resuming electric operations at Danskammer is less than the capacity market prices that would be charged in the new zone during the interim while the completion of other projects is awaited, the return of Danskammer to service would represent an efficient market-based response to the expected near-term price spike in the zone and consequently would be of benefit to consumers. As a result, compliance of the advance notice and comment requirements of SAPA § 202(1) would be contrary to the public interest, and the modifications are necessary for the preservation of the health, safety and general welfare pursuant to SAPA § 202(6).
Subject:
Readoption to stay the Commission Order issued October 28, 2013.
Purpose:
Readoption to stay the Commission Order issued October 28, 2013.
Substance of emergency rule:
The Commission, on January 22, 2014, readopted the emergency rule, for an additional 60 day time period, allowing for additional time to address the issues raised in the Order Modifying Prior Order and Adopting Further Procedures, issued October 28, 2013 in Case 12-E-0012.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. PSC-50-13-00002-EP, Issue of December 11, 2013. The emergency rule will expire April 18, 2014.
Text of rule may be obtained from:
Deborah Swatling, Public Service Commission, 3 Empire State Plaza, Albany, New York, 12223-1350, (518) 486-6530, email: [email protected] An IRS employer ID no. or social security no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
Assessment of Public Comment
An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
(13-E-0012EA2)
| End of Document |