9 NYCRR Part 7852 - Executive Department

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Source version current through May 15, 2022

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9 NYCRR 7852.1 - Amendment

Later State Register activity may affect this section.

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NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

Upon its own initiative or upon the written application of any interested person, the board may amend the State Energy Plan. An application for an amendment shall state specifically the ground or grounds for the requested amendment, shall identify the material and substantial change in fact or circumstance since the most recent plan was adopted which necessitates the amendment, and may be filed any time before the commencement of the next energy planning proceeding.

9 NYCRR 7852.2 - Service and filing of application and response

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

The application for amendment shall be filed with the board. If the application is filed by a person who was on the service list in the most recent energy planning proceeding, a copy of the application shall be served on all others on the service list in that proceeding. If the application is filed by any other person, the board shall serve a copy of the application on all persons on the service list in the most recent energy planning proceeding. Any person so served may file a response with the board within 15 days of receipt of the application.

9 NYCRR 7852.3 - Board action

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)If the board determines that an amendment is warranted, the board shall post on the State Energy Plan website and publish in the State Register notice of any draft amendments and reasons therefore, and shall solicit public comment thereon. In addition, the board shall establish such further procedures, which may include the filing of data by major energy suppliers and/or the bulk system operator, as it shall deem advisable for the consideration of the requested amendment. Prior to adopting any proposed amendment to the plan, the board shall hold public comment hearings and may hold evidentiary hearings upon the application of an interested party, provided that in its application, such party indicates the material and substantial change in fact or circumstance that such party believes necessitates an amendment to the plan. The rules and procedures set forth in section 7848.4 of this Title shall govern any evidentiary hearing held by the board. The board shall adopt an amendment to the plan only upon a finding by the board that there has been a material and substantial change in fact or circumstance that:

(1)has occurred since the adoption of the existing plan; and

(2)requires an amendment to the plan.

Any determination by the board that no amendment is necessary, together with the reasons supporting such determination, shall be final.

9 NYCRR 7852.4 - Earlier source heading: [Repealed]

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

Current section text is not available here.

9 NYCRR 7852.5 - Earlier source heading: 7852.5 to 7852.7 [Repealed]

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

Current section text is not available here.

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