Transfer of Ownership Interests in a 55 Megawatt Natural Gas-Fired Cogeneration Facility Locate...

NY-ADR

7/14/21 N.Y. St. Reg. PSC-28-21-00012-P
NEW YORK STATE REGISTER
VOLUME XLIII, ISSUE 28
July 14, 2021
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. PSC-28-21-00012-P
Transfer of Ownership Interests in a 55 Megawatt Natural Gas-Fired Cogeneration Facility Located in North Tonawanda, NY
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 Fortistar North Tonawanda LLC and Digihost International Inc. to transfer interests in a 55 megawatt natural gas-fired cogeneration facility located in North Tonawanda, NY.
Statutory authority:
Public Service Law, sections 70 and 83
Subject:
Transfer of ownership interests in a 55 megawatt natural gas-fired cogeneration facility located in North Tonawanda, NY.
Purpose:
To address the proposed transfer and any matters within the public interest.
Substance of proposed rule:
The Public Service Commission (Commission) is considering a petition, filed on April 15, 2021, by Fortistar North Tonawanda LLC (FNT) and Digihost International Inc. (Digihost) (collectively, the Petitioners), which seeks a declaratory ruling that the proposed transfer of the upstream ownership interests in FNT requires no further review under Sections 70 and 83 of the New York State Public Service Law (PSL).
Specifically, Digihost would acquire, from North Tonawanda Holdings, 100% of the membership interests in FNT. As a result, Digihost would indirectly own all of the ownership interests of FNT, which is the direct owner of a 55 megawatt natural gas-fired cogeneration facility located in North Tonawanda, NY (the Facility) that is subject to the Commission’s lightened regulation. In the alternative, the Petitioners request that the Commission approve the transfer under PSL Sections 70 and 83 and any other statutory or regulatory provision deemed applicable.
The Petitioners note that the Facility currently sells energy, capacity, and ancillary services exclusively at wholesale, and indicate that there would be no changes in the day-to-day operations of the Facility as a result of the proposed transfer. The Petitioners also report that Digihost is a wholly owned subsidiary of Digihost Technology Inc. (DTI), which is a British Columbia company that is a publicly traded growth-oriented blockchain technology company primarily focused on cryptocurrency mining.
The full text of petition and the full record of the proceeding 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 action proposed and may resolve other 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:
Michelle L. Phillips, 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:
60 days after publication of this notice.
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.
(21-M-0238SP1)
End of Document