Thomas Congdon

The session focused on the proposed adoption of final regulations (16 NYCRR parts 1100, 1101, and 1102) pursuant to the Rapid Act, which governs the sighting of major electric transmission and major renewable energy facilities under a new Article 8 regime. The discussion emphasized the two-year development process, which included extensive public comment periods and agency consultation, resulting in improvements to pre-application procedures, wetlands regulations, and threatened/endangered species mitigation. Key revisions aim to streamline the process, particularly by allowing applicants to forego certain fieldwork by assuming resource presence, shifting some surveys later in the transmission process, and clarifying noise standards. Commissioner questions sought clarification on the process, specifically addressing public misconceptions that the commission takes land or has eminent domain authority for renewable projects, confirming that only voluntary agreements between landowners and developers proceed to review, and explaining the purpose of application fees collected from developers to fund review operations and limit speculative filings. Concerns regarding the process being a 'rubber stamp' were countered by referencing the comprehensive review structure and the possibility of permit denial.

The session addressed Item 101, which involved a draft order to approve a Joint Proposal (JP) establishing a three-year rate plan for gas delivery service by Liberty Utilities St. Lawrence Gas Corporation, commencing November 1st, 2025. The JP, signed by multiple parties, outlines levelized revenue increases over the three years, resulting in bill increases for residential customers averaging 2.4% per year over the term. Key discussion points included the agreed Return on Equity (ROE) of 9.3% and evolving common equity ratios. Major cost drivers cited were increased net plant and depreciation, regulatory deferrals, implementation of automated meter reading (costing $4.12 million), rising labor costs, and property taxes. The JP incorporates gas safety performance targets and customer service indicators, including a new requirement for a $25 customer credit for missed appointments. Furthermore, the JP supports enhanced outreach for low-income programs and ensures the plan supports the goals of the CLCPA by limiting environmental impact, notably through reducing proposed gas main extensions.

The meeting commenced with introductions and a welcome from the Superintendent of the Hendrick Hudson Central School District, who emphasized the district's mandate to protect children and highlighted the severe financial crisis resulting from the Indian Point shutdown, noting a drastic reduction in PILOT revenues. Key concerns addressed included the unsustainability of current support measures, the increasing complexity of student needs (higher rates of free/reduced meals, special education, and ELL populations), and the necessity for fair labor contracts. The speaker urged state and federal partners for increased financial aid, referencing the Cessation Mitigation Fund and federal legislation for nuclear waste storage impact aid. The agenda planned for updates from the Nuclear Regulatory Commission and other agencies, as well as a public statement hearing.

The purpose of this technical conference was to inform staff to provide the best advice to the Commission regarding Distributed Energy Resource (DER) oversight. Key discussion topics included the need for the regulatory initiatives, the status of the proceeding following the Commission's action in March, and agenda items focusing on applicability limitations for the proposed DER Uniform Business Practice (UBP). A presentation from New York Sun shared experiences from over 64,000 residential installs, covering contractual requirements like warranties and system descriptions, and quality compliance processes including photo inspections and contractor disciplinary actions. Discussions also covered customer complaints, which were noted to be largely related to general contracting issues rather than DER-specific problems, and the difference in oversight focus between mass market residential projects and Community Distributed Generation (CDG) projects.

The session primarily focused on addressing anticipated electric system reliability needs in New York City, driven by factors such as the aging generation fleet, rapid load growth due to electrification, and difficulties in developing new dispatchable resources. The commission recommended directing Consolidated Edison Company of New York, Inc. (Con Edison) to develop a reliability contingency plan. This involves Con Edison filing an assessment of the reliability need, followed by issuing a Request for Information (RFI) to seek solutions. The plan must adhere to principles prioritizing non-emitting, cost-effective, and timely solutions that minimize impacts on disadvantaged communities. The discussion also touched upon concurrent reliability concerns on Long Island, with an encouragement for the Long Island Power Authority (LIPA) to develop a similar contingency plan.