Suspension of Deadline in Standard Interconnection Requirements (SIR)
NY-ADR
4/22/20 N.Y. St. Reg. PSC-16-20-00001-EP
NEW YORK STATE REGISTER
VOLUME XLII, ISSUE 16
April 22, 2020
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-16-20-00001-EP
Filing Date. Apr. 06, 2020
Effective Date. Apr. 06, 2020
Suspension of Deadline in Standard Interconnection Requirements (SIR)
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
The Public Service Commission adopted an order on April 6, 2020 suspending a deadline in the Standard Interconnection Requirements, related to payment by developers of the balance of their interconnection costs, for the duration of the State of Emergency plus 30 days, as well as directing that all interconnection activities that can be conducted through desk work or virtual technology continue.
Statutory authority:
Public Service Law, sections 65(1), (2), (3), 66(1), (2), (3), (5), (8), and (10)
Finding of necessity for emergency rule:
Preservation of 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 are necessary to address the consequences the State of Emergency related to the COVID-19 virus. The effects of the COVID-19 virus and the associated State of Emergency, including illness, limitations on work and travel, and economic impacts, are likely to make it difficult for some developers of otherwise viable projects to meet deadlines for payment of interconnection costs, which under the current rules would result in those projects immediately being cancelled from the interconnection queue. This would, at a minimum, result in increased cost and delay related to those projects being re-submitted and, in many cases, would likely result in permanent cancellation. These cancellations would adversely affect businesses and individuals, including solar developers and their customers, retard economic development, reduce employment opportunities, and increase pollution by slowing or reducing clean energy deployment in New York. As a result, compliance with the advance notice and comment requirements of SAPA § 202(1) would be contrary to the public interest, and the modification of the Notice Period Order is necessary for the preservation of the health, safety and general welfare pursuant to SAPA § 202(6).
Subject:
Suspension of deadline in Standard Interconnection Requirements (SIR).
Purpose:
To prevent unnecessary cancellation of distributed generation and energy storage system projects based on the State of Emergency.
Substance of emergency/proposed rule:
The Public Service Commission is considering suspending a deadline in the Standard Interconnection Requirements, related to payment by developers of the balance of their interconnection costs, for the duration of the Disaster Emergency plus 30 days, as well as directing that all interconnection activities that can be conducted through desk work or virtual technology or other methods that continue to be possible during the Disaster Emergency.
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 related matters.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire July 4, 2020.
Text of rule may be obtained from:
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, Department of Public Service, 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 amended rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
(20-E-0155EP1)
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