Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, statutory direction for the adoption of a State
energy master plan and long-range electric and gas report expired on January 1,
1984, and legislative efforts to reenact an energy planning process have been
unsuccessful;
WHEREAS, the development, implementation and periodic
review of a comprehensive and integrated energy resource plan remains critical
to enabling the State to determine its future energy needs and to ensure a
rational and effective means of meeting those needs;
WHEREAS, decisions made with respect to the means for
meeting the State's future energy needs can have significant impacts not only
on costs borne by residential and business energy consumers, but on the
preservation and enhancement of the environment, the health, safety and general
welfare of the public and economic development within the State;
WHEREAS, global warming, acid deposition, ozone
enhancement, increased transportation demand, solid waste disposal and
increased dependency on imported energy supplies are of critical concern and
must be addressed in integrated energy resource planning;
WHEREAS, discrete State actions and determinations with
respect to energy resources should be based on clearly identified policies and
long-range energy planning objectives and strategies;
WHEREAS, the efficiency and effectiveness of government
decisionmaking can also be enhanced by the use of consistent and rational
assumptions with respect to future energy needs, availability and price
projections;
WHEREAS, the State Energy Office is authorized to undertake
analyses to determine present and projected energy use, supply and demand, and
to obtain reports and information in connection therewith; and to provide
advice with respect to all energy-related matters, including how best to obtain
and maintain an adequate and continuous supply of safe, dependable and
economical energy for the people of the State;
WHEREAS, the Department of Environmental Conservation
coordinates and develops policies, plans and programs related to the
environment of the State, is broadly concerned with the impacts of the use of
energy resources on water, land and air quality, and is currently responsible
for reviewing applications and issuing permits in connection with certain
energy facilities;
WHEREAS, the Department of Public Service and the Public
Service Commission, exercise certain jurisdiction over the manufacture,
conveying, transportation, distribution and pricing of electricity and gas by
the investor-owned utilities, including investor-owned utility corporate
planning to assure safe and adequate service, at just and reasonable rates and
the commission has directed the investor-owned electric utilities in the State
to establish bidding procedures for future electric generation and to develop
comprehensive demand-side management programs;
WHEREAS, it is the public's interest to have these three
agencies develop and review an integrated energy resource plan which projects
future energy needs and makes other projections related to energy prices and
availability, and includes a statement of basic policies and long-range energy
planning objectives and strategies to guide energy-related decisionmaking by
State government; and
WHEREAS, the development of the first integrated energy
resource plan will parallel the development of competitive bidding programs for
future electric generation, and there is a need for coordination of these
processes to ensure that these bidding programs receive as much guidance as
possible, consistent with their timely implementation, from the planning
process;
NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of
New York, by virtue of the authority vested in me by the Constitution and Laws
of the State of New York, do hereby establish an integrated energy resource
planning process to be jointly implemented by the State Energy Office, the
Department of Public Service and the Department of Environmental Conservation,
with input from other public and private entities, for the purpose of
developing and periodically updating an integrated energy resource plan, which
shall identify basic policies, long-range energy planning objectives and
strategies, future energy needs and price projections, and which shall guide
energy-related actions and decisions and otherwise be utilized by State
departments, agencies and authorities as provided herein.
I. INTEGRATED ENERGY RESOURCE PLAN
The integrated energy resource plan, and updates thereof,
to be issued jointly by the Commissioner of the State Energy Office, the
chairman of the Department of Public Service and the Commissioner of the
Department of Environmental Conservation pursuant to this Executive Order,
shall include the following:
a. demand
forecasts for electricity, gas, coal and petroleum products, including
transportation fuels, over forecast periods of not less than 15 years, for the
service areas of the State's major electric and gas utilities and/or for the
State as a whole, as appropriate, taking into account reasonably expected
changes in demographic and economic activity and other similar factors, and
energy conservation, load management and other demand-reducing measures
reasonably expected to occur which will affect future end- use energy
requirements over the forecast periods;
b. energy supply requirements needed to
satisfy forecasted demand for electricity, gas, coal and petroleum products,
including transportation fuels, for the service areas of the State's major
electric and gas utilities and for the State as a whole, as appropriate, over
the forecast periods, including with respect to electricity, the amount of
capacity needed to provide adequate reserve margins and the amount of electric
energy needed to compensate for transmission and distribution losses, and to
meet out-of-state sales commitments and internal use and, with respect to gas,
the amount of gas needed to compensate for lost and unaccounted for gas, and to
meet out-of-state sales commitments and internal use;
c. assessments of the ability of the existing
energy supply sources and the existing transmission or fuel transportation
systems, to satisfy, together with those sources or systems reasonably certain
to be available, the resource supply requirements for electricity, gas, coal
and petroleum products, including transportation fuels, over the forecast
periods;
d. projections of energy
prices over the forecast periods;
e. identification of the extent to which
additional energy conservation, load-management and other demand-reducing
measures can be achieved over the forecast periods beyond those measures whose
impact has been incorporated into the demand forecasts for electricity, gas,
coal and petroleum products, including transportation fuels;
f. identification of the reasonable
alternative energy supply sources which can become available over the forecast
periods beyond those identified in subparagraph c above;
g. analysis of the costs, risks, benefits and
uncertainties of alternative energy supply sources and additional
demand-reducing measures for satisfying resource supply requirements over the
forecast periods which are not reasonably certain to be met by the energy
supply sources included in the assessment under subparagraph c above. This
analysis shall include an analysis of the environmental impacts of the
alternative means of addressing increased transportation demands and mitigation
measures available to minimize potential adverse impacts, including further
diversification of transportation fuels, mass transportation options and
alternative automotive engine design technology; and a specific analysis of the
environmental impacts of alternative electricity supply scenarios, including
energy generated from resource recovery, and mitigation measures available to
minimize potential adverse impacts;
h. a statement of energy policies and
long-range energy planning objectives and strategies appropriate to achieve,
among other things, the least cost integration of energy supply sources and
demand-reducing measures for satisfying resource supply requirements, giving
due regard to such factors as security and diversity of fuel supplies and
generating modes, protection of public health and safety, preservation and
enhancement of the environment, and conservation of energy and energy
resources;
i. recommendations, as
appropriate and desirable, for administrative and legislative actions to
implement such policies, objectives and strategies;
j. an analysis of the probable impacts of the
implementation of such recommendations upon economic development within the
State, consumer energy costs, specifically including low-income consumers, the
health, safety and welfare of the people of the State, and the quality of the
State's environment;
k. an
identification and analysis of emerging trends related to energy supply, price
and demand; and l. such other information as is deemed appropriate.
II. ENERGY PLANNING PROCESS
a. The staffs of the State Energy Office, the
Department of Public Service and the Department of Environmental Conservation
shall consult regularly among themselves in connection with the development of
the integrated energy resource plan, and updates thereof. The staffs shall seek
to maximize input from other State departments, agencies and authorities, as
well as other private and public entities, with respect to assumptions and
alternate resource supply scenarios analyzed in the development of the
integrated energy resource plan, consistent with the need to issue a plan and
updates thereto within the specified time frames;
b. The commissioner of the State Energy
Office, the chairman of the Department of Public Service and the Commissioner
of the Department of Environmental Conservation shall meet and confer as
necessary to issue the first integrated energy resource plan pursuant to this
Executive Order on or about July 31, 1989. At least 90 days prior to its
issuance a draft plan, including accompanying environmental reports, shall be
made publicly available for comment. Public hearings shall be held in
connection therewith not sooner than 30 days after the issuance of such
materials for public comment; and c. After the issuance of an integrated energy
resource plan pursuant to this Executive Order, the State Energy Office, the
Department of Public Service and the Department of Environmental Conservation
shall initiate a review of such plan in such fashion as shall enable an update
to be issued no later than two years after the issuance of the prior plan. The
review and update of the plan may be undertaken within a shorter time frame
upon the agreement of the commissioner of the State Energy Office, the chairman
of the Department of Public Service and the commissioner of the Department of
Environmental Conservation. Issuance of an initial update, and succeeding
updates, shall proceed in accordance with the provisions of this Executive
Order.
III. STATE
ACTIONS IN ACCORDANCE WITH THE PLAN
a. The
Public Service Commission shall give due deference to the findings contained in
the most recent integrated energy resource plan with respect to demand
forecasts, energy supply requirements, energy supply assessments and energy
price forecasts, and the policies and long-range energy planning objectives and
strategies, in each of its energy-related decisions or programs;
b. The Department of Public Service, the
State Energy Office and the Department of Environmental Conservation shall
immediately provide, through a memorandum of understanding or other appropriate
means, for the effective coordination of efforts to assure that the first
utility bidding programs receive as much guidance as possible, consistent with
their timely implementation, from the initial stages of the planning process.
The Department of Public Service, the State Energy Office and the Department of
Environmental Conservation shall further provide, through memoranda of
understanding or other appropriate means, for coordinating the effective
integration of the findings, policies and long-range energy planning objectives
and strategies contained in the plan, and its updates, with the Department of
Public Service's further efforts with respect to utility bidding programs and
with respect to other efforts undertaken to implement laws and programs
pursuant to the Public Service Commission's jurisdiction, including but not
limited to proceedings pursuant to Article VII of the Public Service Law, such
other approval or permitting proceedings as shall be applicable to the
construction or operation of electric generating facilities, proceedings for
the determination of long-run avoided costs, and proceedings with respect to
utility demand-side management programs.
c. Every other State department, agency or
office shall, subsequent to the issuance of the integrated energy resource plan
pursuant to this Executive Order and unless required otherwise by applicable
statutes, take official notice of and act in conformance with the findings with
respect to demand forecasts, energy supply requirements and energy supply
assessments, and the policies and long-range energy planning objectives and
strategies contained in the plan or its most recent update, in connection with
any energy-related decision, program or facility; and utilize the projections
of energy prices over the forecast periods contained in the integrated energy
resource plan, or its most recent update, in connection with any energy-related
decision, program or facility for which a mid-range or long-range projection of
price is required, except as required otherwise by applicable statutes or upon
the determination by the head of such department, agency or office, based on
clear and convincing evidence, that such projections of energy prices are no
longer reasonable. Nothing in this paragraph shall be construed to limit in any
way the authority of any department, agency or office to deny an application to
construct, operate or modify an energy facility on environmental or public
health and safety grounds.
d. Every
public authority and public benefit corporation shall give due deference to the
findings with respect to demand forecast, energy supply requirements, energy
supply assessments and energy price forecast, and the policies and long-range
energy planning objectives and strategies contained in the plan, or its most
recent update, in connection with any energy-related decisions, programs and
facilities.
Signed: Mario M. CuomoDated: December 28, 1988
[FN*] [Revoked by Executive Order No. 29 (George E.
Pataki), infra.]
[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot
Spitzer), infra.]
[Revoked by Executive Order No. 9 (David A. Paterson),
infra.]
[Revoked by Executive Order No. 2 (Andrew M. Cuomo),
infra.]
