NYSERDA Part 500, Procedures, Section 500.1 Certification and transmittal of minutes shall be amended to read as follows:

Except as provided in section 500.2 of this Part, the secretary of the authority or, in the absence or disability of the secretary, the [chairman] General Counsel of the authority, shall, as soon as practical after each meeting of the authority, certify a copy of the minutes of such meeting and transmit the same to the Governor of the State of New York at the Executive Chamber in Albany.

§ 501.2 Designation of records access officer

NYSERDA Part 501, Public Access to Records, Section 501.2 Designation of records access officer, subdivision (a) shall be amended to read as follows:

(a) The [chairman] President and Chief Executive Officer of the authority is responsible for insuring compliance with the regulations herein, which apply to records maintained or submitted to the authority pursuant to its power and duties under its enabling act[, and designates the following person]. The President and Chief Executive Officer shall designate an authority employee to serve as records access officer[:]. Communications to the Records Access Officer should be directed to:

Records Access Officer

NYS Energy Research and Development Authority

[286 Washington Avenue Extension]

Albany, NY 12203-6399

§ 501.3 Location

NYSERDA Part 501, Public Access to Records, Section 501.3 Location shall be amended to read as follows:

Records maintained at the Albany office shall be available for public inspection and copying at [286 Washington Avenue Extension] 17 Columbia Circle Albany, New York; and records maintained at the West Valley office shall be available for public inspection and copying at[:

Western New York Nuclear Service Center

10282 Rock Springs Road]

West Valley, New York 14171

§ 501.6 Trade secret designation

NYSERDA Part 501, Public Access to Records, Section 501.2 Trade secret designation, subdivision (f) shall be amended to read as follows:

(f) A denial of an exception from disclosure under subdivision (e) of this section and a denial of access to a record may be appealed by the person submitting the information or requesting the record within seven business days of receipt of the written notice denying the request by filing a written appeal from the determination with the [chairman] President and Chief Executive Officer of the authority. The appeal shall be determined within 10 business days of the receipt of the appeal. Written notice of the determination shall be served upon the person requesting the record, the person who requested the exception, and the Committee on Open Government. The notice shall contain a statement of the reasons for the determination.

§ 501.8 Denial of access to records

NYSERDA Part 501, Public Access to Records, Section 501.2 Denial of access to records, subdivisions (c) and (e) shall be amended to read as follows:

(c) The following person shall hear appeals from denial of access to records under the Freedom of Information Law:

[Chairman]

New York State Energy Research and Development Authority

[286 Washington Avenue Extension]

Albany, NY 12203-6399

(518) 862-1090.

(e) The individual designated to hear appeals shall inform the requester of his decision, in writing, within seven business days of his receipt of an appeal. A denial in whole or in part of a request on appeal shall set forth the exemption relied on, a brief explanation, consistent with the purpose of the exemption, of how the exemption applies to the records withheld, and the reasons for asserting it. A denial in whole or in part shall also inform the requester of his right to seek judicial review of the authority's final determination. The [chairman] President and Chief Executive Officer may ask the requester for an extension of time to render the final determination. The [chairman] President and Chief Executive Officer shall inform the requester of the reason for the request for the extension and of the date upon which the final determination may be expected.

§ 502.2 Definitions

NYSERDA Part 502, Reports by Generators of Low Level Radioactive Waste, Section 502.2 Definitions, subdivisions (d), (e), (f) and (g) shall be amended to read as follows:

(d) “Director” means the Program Director, [Radioactive Waste Management Program] Energy Analysis, or his designee, New York State Energy Research and Development Authority, [Building 2, Empire State Plaza, Albany, NY 12223] 17 Columbia Circle, Albany, NY 12203-6399.

(e) “Generate” means to produce or cause the production of, or to engage in an activity which otherwise results in the creation or increase in the volume or activity, of low-level radioactive waste.

(f) “Generator” means a person who by his actions within New York, or through the actions within New York of any agent, employee, or independent contractor, generates low-level radioactive waste. For purposes of this Part, a person who only provides a service by arranging for the collection, transportation, treatment, storage, or disposal of low-level radioactive waste generated by others within or outside of New York is a generator only if and to the extent that such person himself generates low-level radioactive waste as a result of such activities. In such event, such person shall submit a report, pursuant to section 502.3, only for the low-level radioactive waste such person himself generates.

(g) “Licensed LLRW disposal facility” means any of the three existing commercial disposal facilities [existing upon the effective date of these regulations] at Barnwell, South Carolina, Richland, State of Washington and [Beatty, Nevada] Clive, Utah.

§ 502.3 Reports

NYSERDA Part 502, Reports By Generators of Low-Level Radioactive Waste, Section 502.3 Reports, subdivision (a), and subdivision (c), subsections (ii), (v), (vi), (vii), and (x) shall be amended to read as follows:

(a) No later than [April 27, 1987, and no later than] March 1 of each year [thereafter], each generator shall submit to the Director a report (one copy), containing the information set forth in paragraph (c) of this section, for the preceding calendar year; provided, that if a generator generated low-level radioactive waste at facilities located more than twenty-five miles apart, or at facilities located twenty-five miles or less apart for which separate authorizations are held, issued by the operator of a licensed LLRW disposal facility (e.g., site use permit) or the host state in which a licensed LLRW disposal facility is located, which authorize transfer of LLRW to a licensed LLRW disposal facility, the generator shall submit a separate report (one copy) for each such facility.

(c) (ii) name, principal office address (and, if different, address of the facility at which LLRW was generated), e-mail address, if available, and telephone number of the generator;

(c) (v) name, title, e-mail address, if available, and telephone number of the individual who prepared the report;

(c) (vi) identification of any and all radioactive material and nuclear facility licenses issued by the United States Nuclear Regulatory Commission, the New York State Department of Health, [the New York State Department of Labor], or the New York City Department of Health and Mental Hygiene under which LLRW is generated, including identification of the respective licensing agency;

(c) (vii) identification of any and all authorizations held by the generator, issued by the operator of a licensed LLRW disposal facility (e.g., site use permit) or the host state in which a licensed LLRW disposal facility is located, which authorize transfer of LLRW to [a] its respective licensed LLRW disposal facility;

(c) (x) a description, including, but not limited to, the capacity in terms of volume of LLRW, of any facilities or parts thereof which the generator has dedicated to the storage of LLRW for periods in excess of 90 days prior to transfer, either directly or through a broker or agent, to a licensed LLRW disposal facility, and the volume of LLRW stored by the generator in such facilities at the end of the reporting period;

§ 502.4 Registry and Forms

NYSERDA Part 502, Reports by Generators of Low Level Radioactive Waste, Section 502.4 Registry and Forms shall be amended to read as follows:

Commencing September 1, 1987, the Director shall maintain and update annually a registry of generators which have submitted reports for the preceding calendar year. Commencing November 1, 1987 and by [November 1] January 15 of each year thereafter, the Director shall forward [a blank reporting form] instructions for obtaining reporting forms to each generator listed on the most recent registry, at the address indicated on the registry. The foregoing notwithstanding, each generator, including new generators, shall be responsible for obtaining blank reporting forms from the Director.

§ 502.6 Materials incorporated by reference

NYSERDA Part 502, Reports by Generators of Low Level Radioactive Waste, Section 502.6 Materials incorporated by reference, subdivision (b) shall be amended to read as follows:

(b) The Federal provisions are set forth in subpart D, entitled “Technical Requirements for Land Disposal Facilities,” of Part 61, entitled “Licensing Requirements for Land Disposal of Radioactive Waste,” of the rules of the United States Nuclear Regulatory Commission, published in the first volume of title 10, entitled “Energy,” of the Code of Federal Regulations, containing parts 0 to 199, revised as of January 1, 1986, on pages 645–647 of such volume. The publisher of the volume is the Office of the Federal Register, National Archives, and Records Administration. A copy of the volume may be obtained by [writing to the Superintendent of Documents,] contacting the U.S. Government Printing Office, Washington, DC 20402. A copy of the volume is available for public inspection and copying at the offices of the authority, located at [Building 2, Empire State Plaza, Albany, NY 12223] 17 Columbia Circle, Albany, NY 12203-6399.

§ 504.2 Definitions

NYSERDA Part 504, Prompt Payment Policy Statement, Section 504.2, Definitions, subdivision (e) shall be amended to read as follows:

(e) Designated payment office means the Office of the Authority's Controller, located at [286 Washington Avenue Extension, Albany, New York 12203] 17 Columbia Circle, Albany, New York 12203-6399.

§ 505.3 Assignment of responsibilities

NYSERDA Part 505, Personal Privacy Protection, Section 505.3, Assignment of responsibilities, subdivision (b) shall be amended to read as follows:

(b) The address of the Privacy Compliance Officer is New York State Energy Research and Development Authority, [286 Washington Avenue Extension,] 17 Columbia Circle, Albany, NY 12203-6399.

§ 505.5 Location

NYSERDA Part 505, Personal Privacy Protection, Section 505.5, Location shall be amended to read as follows:

Records containing personal information shall be made available for public inspection and copying at [286 Washington Avenue Extension] 17 Columbia Circle, Albany, NY 12203-6399.

§ 505.8 Amendment of records and personal information

NYSERDA Part 505, Personal Privacy Protection, Section 505.8, Amendment of records and personal information, subdivision (a), paragraph (2), subsection (ii) shall be amended to read as follows:

(a)(2)(ii) notify the data subject that an appeal of the decision may be made to the [chairman] President and Chief Executive Officer of the authority at the address set forth in section 505.3(b) of this Part.

§ 505.9 Appeal of a denial of a request for access to a record or a denial of a request for correction of a record

NYSERDA Part 505, Personal Privacy Protection, Section 505.9, Appeal of a denial of a request for access to a record or a denial of a request for correction of a record, subdivision (a) and (c) shall be amended to read as follows:

(a) Any data subject denied access to a record or personal information or denied a request to amend or correct a record or personal information may, within 30 days of such denial, appeal in writing to the [chairman] President and Chief Executive Officer of the authority.

(c) Within 7 business days of an appeal of a denial of access, or within 30 days of an appeal concerning a denial of a request for correction or amendment, the [chairman] President and Chief Executive Officer shall:

The New York State Energy Research and Development Authority (“NYSERDA”) submits this proposed rule making as a consensus rule. Pursuant to the State Administrative Procedure Act § 102(11), a rule may be proposed on an expedited basis when no person is likely to object to the rule because it is merely a technical amendment and not a substantive change.¹ This proposed rule making focuses on address changes and position designations but does not amend the main procedures described under the regulations.

First, the NYSERDA office addresses listed in the New York Codes, Rules, and Regulations (“NYCRR”) are outdated.² Therefore, NYSERDA would like to amend the regulations to allow for notification to the requester as to the appropriate location for addressing correspondence and reviewing records. These amendments are technical, as they only change the address information but do not amend the procedure for requesting records.³

The second set of amendments addresses recent amendments to the Public Authorities Law, which redefined the positions of the Chairman and the President.⁴ The Chairman, in addition to presiding over all Board meetings, is now considered the liaison between the Members of the Board and NYSERDA staff. The President has been deemed the Chief Executive Officer in charge of all executive and administrative functions, such as the administration and disclosure of records.⁵ As a result of these amendments, modifications must be made with respect to NYSERDA regulations for accessing records. These changes merely substitute the term “Chairman” for the term “President and Chief Executive Officer” in the named sections but will leave the main procedures intact.⁶

Next, NYSERDA would like to amend 21 NYCRR § 500.1, which grants the Chairman the ability to certify the minutes of the Authority and submit the minutes to the Governor for approval in the event that the Secretary of the Authority is absent. This process was implemented at a time when NYSERDA had an on-site, full-time Chairman. In order to facilitate the certification of the minutes, the term “Chairman” will be replaced by the term “General Counsel,” which is an on-site, full-time position. Again, these changes are not substantive, and the main procedures will remain intact.⁷

Finally, NYSERDA would like to amend certain portions of the regulations regarding Low-Level Radioactive Waste. Specifically, the regulations have been updated to include all existing commercial disposal facilities.⁸ Additionally, certain grammatical edits have been made.⁹

For these reasons, NYSERDA submits that the changes proposed under this rule making are merely technical amendments, as they do not substantively alter the purpose and scope of the operating regulations and procedures of the Authority.

¹ N.Y. St. Admin. P. Act § 102(11)(2007).

² See 21 NYCRR § 501.2(a) (2006); 21 NYCRR 501.3 (2006; 21 NYCRR 501.8(c) (2006); 21 NYCRR 502.2(d) (2006); 21 NYCRR 502.6(b) (2006); 21 NYCRR 504.2(e) (2006); 21 NYCRR 505.3 (b) (2006); 21 NYCRR 505.5 (2006).

³ See Proposed Rule Text (attached as a separate file).

⁴ N.Y. Pub. Auth. Law § 1852(3) (2006).

⁵ Id.

⁶ See Proposed Rule Text (attached as a separate file).

⁷ Id.

⁸ Id.

⁹ Id.

This rule making does not require a Job Impact Statement as the rule will not have a substantial adverse impact on jobs and employment opportunities (as apparent from its nature and purpose) as the changes are merely technical and do not substantively alter the purpose or scope of the current regulations.