N.Y. Energy Law § 6-106 – Conduct of the state energy planning proceeding

1. Every four years, the board shall adopt a state energy plan, which addresses each item identified in subdivision two of section 6-104 of this article provided, however, the board may adopt such a plan more frequently for good cause shown. The board shall prepare biennial reports, every second year following the issuance of the final state energy plan, including a discussion and evaluation of the ability of the state and private markets to implement the policies, programs, and other recommendations as found in the state energy plan, and recommendations for new or amended policies as needed to continue successful movement towards implementation and realization of such policies and programs.
2. The board shall conduct a state energy planning proceeding, consistent with the need to develop the plan in a timely manner, which shall provide for the following at a minimum:
1. (a) The filing of information by energy suppliers as specified in subdivision three of this section;
2. (b) The preparation and issuance of a draft plan, subsequent to the filing of information as specified in subdivision three of this section, which shall address each item identified in subdivision two of section 6-104 of this article;
3. (c) Public comment hearings, with at least three in each region described in subdivision two of section 6-102 of this article and provide an opportunity to submit written comments, subsequent to the issuance of a draft plan, to obtain views and comments of interested persons on any aspect of, or issue addressed in, such draft plan;
4. (d) Evidentiary hearings may be held, at the discretion of the board, in response to a written request by an interested person or persons seeking to provide evidentiary material or data subsequent to the issuance of a draft plan, on issues identified in subdivision two of section 6-104 of this article; and
5. (e) Submission of a notice for any hearing or opportunity for comment provided for pursuant to this subdivision for publication within the state register.
3. As determined by the board in each instance to be appropriate with respect to the particular entity or entities from which information, if any, shall be required, the information to be provided to the board by energy transmission and distribution companies, electric, gas, or steam corporations, major energy suppliers including owners or operators of electric generation facilities, commodity and/or end-use energy service providers, state agencies or authorities, including the power authority of the state of New York and the Long Island power authority, and/or others, shall include the following:
1. (a) Comprehensive long-range plans for future operations:
  1. (i) a forecast of electricity demands over a period as the board may determine appropriate, including annual in-state electric energy sales and summer and winter peak loads by utility service area where applicable, and total any annual in-state electric energy sales and coincident peak load, specifically identifying the extent to which energy conservation, load management and other demand-reducing measures, and electric energy generated by cogeneration, small hydro and alternate energy production facilities, including renewable energy technologies and fuel cells, consumed on site, have been incorporated within such forecast;
  2. (ii) a forecast of electricity supply requirements over a period as the board may determine appropriate, by utility service area where applicable, specifically identifying the reserve margins required for reliable electric service, the transmission and distribution losses assumed, and the amount of out-of-state sales commitments;
  3. (iii) an assessment of the ability of existing electricity supply sources, and those reasonably certain to be available, to satisfy electricity supply requirements, including electric generating facilities which can be retained in service beyond their original design life through routine maintenance and repairs;
  4. (iv) an inventory of: (A) all existing electric generating and transmission facilities including those owned or operated by the power authority of the state of New York and the Long Island power authority; (B) electric generating and transmission facilities planned or under construction including the power authority of the state of New York and the Long Island power authority, including the dates for completion and operation; (C) the anticipated retirement dates for any electric generating facilities currently operated including those owned or operated by the power authority of the state of New York and the Long Island power authority; (D) land owned or leased including that owned or leased by the power authority of the state of New York and the Long Island power authority and held for future use as sites for major electric generating facilities; and (E) electric generating, transmission, and related facilities operated, or planned to be operated, by others, to the extent information concerning the same is known;
  5. (v) recommended supply additions and demand reducing measures for satisfying the electricity supply requirements, not reasonably certain to be met by electricity supply sources identified in subparagraph (iii) of this paragraph, including the life extension of existing electric generating facilities, and reasons therefor;
  6. (vi) a statement of research and development plans, including objectives and programs in the areas of energy conservation, load management, electric generation and transmission, new energy technologies and pollution abatement and control, which are not funded through regulatory required programs, recent results of such programs undertaken or funded to date, and an assessment of the potential impacts of such results;
  7. (vii) a projection of estimated electricity prices to consumers over the forecast period, and a sensitivity analysis of that forecast relating to a number of factors including fuel prices and the levels of available capacity and demand in the regions of the state;
  8. (viii) a description of the load forecasting methodology and the assumptions and data used in the preparation of the forecasts, specifically including projections of demographic and economic activity and such other factors, statewide and by service area, which may influence electricity demand, and the bases for such projections;
  9. (ix) proposed policies, objectives and strategies for meeting the state's future electricity needs; and
  10. (x) such additional information as the board may, by regulation, require to carry out the purposes of this article.
2. (b) All providers of natural gas transmission, distribution and/or marketing services to customers shall individually prepare and submit a comprehensive long-range plan for future operations, which shall include, as appropriate:
  1. (i) a forecast over a period as the board may determine appropriate, by utility service area, of estimated annual in-state gas sales, winter season sales and peak day sales by appropriate end-use classifications, specifically identifying the extent to which energy conservation measures and the sale of gas owned by persons other than natural gas transmission and distribution utilities have been incorporated within such forecast;
  2. (ii) a forecast of gas supply requirements over a period as the board may determine appropriate, by utility service area, specifically identifying the amounts of gas needed to meet severe weather conditions, lost and unaccounted for gas, out-of-state sales commitments and internal use;
  3. (iii) an assessment of the ability of existing gas supply sources, and those reasonably certain to be available, to satisfy gas supply requirements;
  4. (iv) an inventory of: (A) all existing supply sources, storage facilities, and transmission facilities which are used in providing service within the state, (B) the transmission and storage facilities under construction which would be used in providing service within the state, their projected costs and capacities, including peaking capacity, (C) transmission facility additions proposed to be constructed by natural gas transmission and distribution utilities, (D) transmission facilities operated, or planned to be operated, by others, to the extent information concerning the same is known;
  5. (v) recommended supply additions and demand-reducing measures for satisfying the gas supply requirements, not reasonably certain to be met by gas supply sources identified in subparagraph (iii) of this paragraph and the reasons therefor;
  6. (vi) a projection of estimated gas prices to consumers over the forecast period, and a sensitivity analysis of that forecast relating to a number of factors including the levels of commodity supply availability, of available pipeline and storage capacity, and of demand in the regions of the state;
  7. (vii) a description of the load forecasting methodology and the assumptions and data used in the preparation of the forecasts, specifically including projections of demographic and economic activity and such other factors, statewide and by service area where applicable, which may influence demand for natural gas, and the bases for such projections;
  8. (viii) a statement of research and development plans, including objectives and programs in the areas of energy conservation and new energy technologies, recent results of such programs undertaken or funded to date, and an assessment of the potential impacts of such results;
  9. (ix) proposed policies, objectives and strategies for meeting the state's future gas needs; and
  10. (x) such additional information as the board may, by regulation, require to carry out the purposes of this article.
3. (c) Such information from major petroleum suppliers and major coal suppliers as the board may require to carry out the purposes of this article.
4. (d) Such other information from owners and operators of electric generating power plants as the board may require to carry out the purposes of this article.
5. (e) A single comprehensive submission from industry groups, trade associations, or combinations of such groups and associations in place of submissions by individual member companies.
4. Any information filed under this section that is claimed to be confidential shall be treated in accordance with regulations adopted by the board pertaining to the determination of confidential status and the retention of confidential records.
5. Copies of the draft plan, and all non-confidential information and comments filed pursuant to this section shall be made available to the public for inspection.
6. The board may amend the state energy plan, or aspects thereof, upon its own initiative or upon the written application of any interested person. In connection with any such amendment, the board may require the filing of such information as may be required, consistent with regulation. Prior to adopting any proposed amendment to an element of the plan identified in subdivision two of section 6-104 of this article, the board shall hold public comment hearings and may hold evidentiary hearings upon the written application of an interested party. Prior to adopting a proposed amendment to any element of the plan, the board shall prepare and publish in the state register notice of any draft amendment and reasons therefor and shall solicit public comments thereon. The board shall adopt an amendment to the state energy plan, or aspects thereof, upon a finding by the board that there has been a material and substantial change in fact or circumstance since the most recent plan was adopted. A decision of the board that no amendment is necessary, together with the reasons supporting such determination, shall be final. * 7. Any person who participated in the state energy planning proceeding or any person who sought an amendment of the state energy plan pursuant to subdivision six of this section, may obtain, pursuant to article seventy-eight of the civil practice law and rules, judicial review of the board's decision adopting a plan, or any amendment thereto, or of the board's decision not to amend such plan pursuant to subdivision six of this section. Any such special proceeding shall be brought in the appellate division of the supreme court of the state of New York for the third judicial department. Such proceeding shall be initiated by the filing of a petition in such court within thirty days after the issuance of a decision by the board. The proceeding shall have a lawful preference over any other matter, shall be heard on an expedited basis and shall be completed in all respects, including any subsequent appeal, within one hundred eighty days of the filing of the petition. Where more than one such petition is filed, the court may provide for consolidation of the proceedings. Notwithstanding the provisions of articles seven and eight of the public service law, the procedure set forth in this section shall constitute the exclusive means for seeking judicial review of any element of the plan. * NB Effective until December 31, 2040 * 7. Any person who participated in the state energy planning proceeding or any person who sought an amendment of the state energy plan pursuant to subdivision six of this section, may obtain, pursuant to article seventy-eight of the civil practice law and rules, judicial review of the board's decision adopting a plan, or any amendment thereto, or of the board's decision not to amend such plan pursuant to subdivision six of this section. Any such special proceeding shall be brought in the appellate division of the supreme court of the state of New York for the third judicial department. Such proceeding shall be initiated by the filing of a petition in such court within thirty days after the issuance of a decision by the board. The proceeding shall have a lawful preference over any other matter, shall be heard on an expedited basis and shall be completed in all respects, including any subsequent appeal, within one hundred eighty days of the filing of the petition. Where more than one such petition is filed, the court may provide for consolidation of the proceedings. Notwithstanding the provisions of article seven of the public service law, the procedure set forth in this section shall constitute the exclusive means for seeking judicial review of any element of the plan. * NB Effective December 31, 2040
8. Proceedings conducted pursuant to this section shall not be considered part of an adjudicatory proceeding as defined in subdivision three of section one hundred two of the state administrative procedure act, or part of a rule making proceeding held under subdivision one of section two hundred two of the state administrative procedure act.