Lexington Power's ZEC Compliance Obligation
NY-ADR
1/31/18 N.Y. St. Reg. PSC-05-18-00004-P
NEW YORK STATE REGISTER
VOLUME XL, ISSUE 5
January 31, 2018
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-05-18-00004-P
Lexington Power's ZEC Compliance Obligation
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
The Commission is considering a petition by Lexington Power & Light, LLC (Lexington Power) requesting a reduction of the company's zero-emission credit (ZEC) compliance payment obligation.
Statutory authority:
Public Service Law, sections 4(1), 5(1), (2) and 66(2); Energy Law, section 6-104(5)(b)
Subject:
Lexington Power's ZEC compliance obligation.
Purpose:
To promote and maintain renewable and zero-emission electric energy resources.
Substance of proposed rule:
The Commission is considering a petition filed by Lexington Power & Light, LLC (Lexington Power) seeking to modify its April 1, 2017 through March 31, 2018 zero-emission credit (ZEC) obligation compliance amount, as determined by the New York State Energy Research and Development Authority (NYSERDA), pursuant to the Commission’s November 17, 2016 Order Approving Administrative Cost Recovery, Standardized Agreements and Backstop Principles. On January 3, 2018, Lexington Power filed a petition indicating that its retail load has dropped nearly 39.77% since April 2016, and that the number of ZECs it was directed to purchase to satisfy its ZEC obligation for the current compliance year under the Clean Energy Standard creates a material financial burden on Lexington Power. Lexington Power requests that the Commission: i) issue a temporary order suspending Lexington Power’s obligation to make ZEC compliance payments while its petition is pending; ii) direct NYSERDA to reduce Lexington Power’s April 1, 2017 through March 31, 2018 ZEC compliance obligation by 39.77% in total, and adjust the remainder of its monthly payments for the current compliance year accordingly; and iii) direct NYSERDA to absorb the ZEC revenue shortfall that would result from suspending Lexington Power’s ZEC obligation until the ZEC reconciliation occurs in September 2018. The full text of the petition may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject, or modify, in whole or in part, the relief proposed and may resolve related matters.
Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact:
John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected]
Data, views or arguments may be submitted to:
Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected]
Public comment will be received until:
April 1, 2018.
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 proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
(15-E-0302SP32)
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