New York energy law


New York energy law
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New York energy law is the statutory and common law of the state of New York concerning the policy, conservation, and utilities involved in energy, along with its regulation and taxation.

Contents

Energy Law (Consolidated law or statutory code)

New York Statutes includes a statutory code called "Energy Law".[1] Under New York law, "energy" and "energy resources" are defined as:

"Energy" means work or heat that is, or may be, produced from any fuel or source whatsoever. ... "Energy resources" shall mean any force or material which yields or has the potential to yield energy, including but not limited to electrical, fossil, geothermal, wind, hydro, solid waste, tidal, wood, solar and nuclear sources.
—N.Y. Energy Law § 1-103 (5) and (6).[2]

N.Y. Energy Law became effective on July 26, 1976 as Chapter 17-A of the consolidated statutes.[3] The 1970s was a period of tremendous expansion of both federal and state laws concerning energy.

This code is divided into these articles, which are not sequential:[4]
1. Short Title; Definitions
3. State Energy Policy
5. State Energy Office, etc.
7. Transfer of Functions
8. Light Efficiency Standards (for existing buildings) Act
9. Energy Performance (for public buildings)
10. Fuel Set-aside Act
11. Conservation Construction Code Act
12. Solar Energy Products Warranty Act
13. State Green Building Construction Act (new, "Effective Date: 03/24/2009")[5]
16. Appliance Efficiency Standards (new)[6]
17. Energy Information
18. Temporary Nuclear Waste Repositories
21. Energy Supply and Production
Appendix – Rules[7]

The Bluebook citation for McKinney's Statutes is N.Y. Engy. L., while for Consolidated laws, the citation is "Energy".

Recent legislation and Legislative committees

State senate

The New York State Senate Energy and Telecommunications Committee is chaired by Senator George D. Maziarz, a Republican from Newfane, in western Niagara County.[8]

Democratic Senator Darrel Aubertine, of upstate Cape Vincent, Jefferson County, was formerly chair of the committee.[9] In 2008, the Senate referred six bills to the Assembly Energy committee, but none of them were passed.[10] Senate Majority Leader Malcolm Smith replaced Senator Kevin Parker, of Kings County (Brooklyn), then chair, with Aubertine on May 11, 2009, after Parker's arrest on harassment charges.[11][12][13] Aubertine supported an extenstion to the "Power for Jobs" state program.[14] In November 2010, Aubertine lost re-election, and the Republicans garnered a majority.[15]

Assembly

Assemblyman Kevin Cahill, representing Upstate Ulster and Dutchess counties,[16] is chair of the New York State Assembly Committee on Energy.[17] As of early 2009, the Committee on Energy has an extensive agenda on its "plate".[10] These include hearings on the New York Independent System Operator's Electricity Commodity Pricing,[18][19] and the December Ice Storm power outages,[20] and an annual report.[10][21]

The Assembly Energy committee "has jurisdiction over legislation related to energy availability and sources, policy and planning, conservation, and electric and gas rate-making in New York State."[10] These includes any amendments to N.Y. Energy Law and Public Service Law.[10] It has concurrent jurisdiction over the authorities and agencies dealing with energy, including NYSERDA, the Long Island Power Authority, Department of Environmental Conservation, and the Power Authority of the State of New York.[10]

Congressman Paul Tonko is the past chair of the Assembly Committee on Energy.[22] Thomas O'Mara is the current ranking member of that committee.[10] Andrew Hevesi, a Democrat from Queens County, is chair of the Assembly Renewable Energy subcommittee.[23]

Recently enacted laws

The state has enacted, in 2007, a number of recent laws to control carbon emissions.[24] There is also a new Article 13 of N.Y. Energy Law, the State Green Building Construction Act, in 2008.[5][25] This new Act is composed of four sections, including N.Y. Energy L. § 13–107, "Agency green building construction requirements."[5][10][25] They also passed a law to establish a "Green Residential Building Grant Program," which directs NYSERDA to grant moneys subject to LEET.[10][26] Finally, the legislature also enacted three closely related laws to expand "Net metering" of alternative energy generating systems.[10][27]

Senator Kevin Parker, the past Senate committee chair, stated that he had been "aiming for a long time" to work on energy and environmental issues.[28] Among the issues he wanted to address are "enrgy generation and transmission ... public transportation ... [and] Renewable energy...."[28] Assemblyman Cahill notes equally "abitious goals for renewable power and energy conservation," especially by funding the State Energy Plan, "mass transit", repowering "Old hydro facilities" and modernizing the states "electric grid."[28] NYSERDA president Francis Murray, Jr. echoes "the most ambitious clean-energy program in the nation."[28]

The Power New York Act, enacted in July 2011, re-establishes the Article X energy plant siting law, which had expired (sunsetted) over seven years prior.[29][30] The new law had overwhelmingly favorable editorial support.[31]

Related statutes

In Consolidated Laws, there are many sections that have cross-references to, or relate to, N.Y. Energy Law.

The state collects an effective rate of 24.4 cents per gallon tax on gasoline and gasohol ("motor fuel"), and 22.65 cents per gallon on diesel.[32][33] New York collects one of the smallest amounts of revenue from extraction taxes of any state—only 5.8 percent of its overall sources.[34] The state also has a "highway use tax".[35][36]

New York also has a motor fuel tax.[37] It requires a certification that the tax has been assumed or paid by the distributor.[38] The state requires certain records to be kept.[39]

New York has a statute that regulates the "Recording of solar energy easements."[40] It requires that such easements be in writing, signed, and acknowledged with the same formalities as recording other conveyances.[40] It also requires, "Any instrument creating a solar energy easement shall include ... (a) The vertical and horizontal angles, expressed in degrees, at which the solar energy easement extends over the real property ... (b) Any terms or conditions ... [and] (c) Any provisions for compensation of the owner of the property...."[40]

The state has an "alternative fuels (tax) credit" at N.Y. Tax Law § 187-b that applies to certain hybrid cars, against the franchise taxes in Tax Law §§ 183, 184, 185.[41] It does not apply to any individual income tax.

Other related sections include:[42]

  1. Executive Law § 11 Fuel and energy shortage state of emergency
  2. Executive Law § 29-G Emergency management assistance compact
  3. Executive Law § 201-A State clean-fueled vehicle program
  4. Public Service Law § 66 General powers of commission in respect to gas, etc.
  5. Public Service Law § 66-C Conservation of energy
  6. Public Service Law § 66-G Sale of indigenous natural gas for generation of energy
  7. State Finance Law § 127-A Energy conservation in state-aided programs
  8. Tax Law § 19 Green building credit
  9. Tax Law § 186-a Tax on the furnishing of utility services (a tax of 2 1/2 % starting January 1, 2000, on gross income is imposed on "every provider of telecommunication services")
  10. Tax Law § 301-I Energy business
  11. Tax Law § 1105-A Reduced tax rate on certain energy sources and services
  12. Social Services Law § 153-F State reimbursement of home energy grant expenses
  13. Real Property Tax Law § 487 Exemption from taxation for certain solar or wind.

There are also at least two unconsolidated sections of law that refer to Energy Law, which allow for a credit against certain local taxes.[43]

Case law

There is a body of case law concerning energy in New York, enough for NY Jur 2d to have a listing for "Energy", and case law on energy taxation.[44]

Under New York law, both the New York Attorney General or a district attorney may prosecute alleged polluters who make oil spills.[45]

The motor fuel excise tax is collected from a "distributor" – usually a wholesaler – even though the ultimate burden to pay the tax may be on a retailer or purchaser.[46] There is a presumption of taxability, so taxing authorities can allow reasonably for only a 1 % loss for "evaporation and spillage" in long-term storage tanks.[47] A bus company, such as Greyhound bus, is considered a distributor for the purposes of the motor fuel excise tax.[48] A retailer is liable for the amount of tax due bought from a supplier from New Jersey.[49]

The issue of taxation of Native Americans for motor fuel has created a moderately large body of case law in itself. While the state can not impose excise taxes directly on "Indians", it can tax the sale of fuel to non-Indians even on Indian reservations.[50] The statute dictating this does not violate the Commerce clause.[51] The law has also been upheld as not in violation of the Equal protection clause, based on the rational basis test.[52]

Conservation easements in New York have been created by caselaw and private real estate contracts.[53]

Rules, regulations, and benefits

Regulatory law, generally

General energy regulations may be found at Title 9, Subtitle BB, of the New York Code of Rules and Regulations.[54] Changes to the rules are published in the New York Register.[55]

Benefits in NY law

Assemblyman Ronald Canestrari announced the expansion of New York's Home Energy Assistance Program (HEAP) "to help additional households meet their home heating needs...."[56]

Energy-related authorities

NYSERDA

The chief regulator for the Energy Law is the "Commissioner" or "president" of the New York State Energy Research and Development Authority (also called NYSERDA).[57][58] The board of directors of NYSERDA includes—as a matter of law – several utility insiders, as well as ex officio commissioners.[58][59] Vincent DeIorio, a lawyer, is chairman of the board,[60] and Francis J. Murray Jr. is President and CEO. NYSERDA was created as a public benefit corporation under NY law.[58][61][62]

The regulations governing NYSERDA may be found at Parts 500–506 of the Code of Rules and Regulations.[63] There are procedures for minutes of meetings [64] and approval of actions by the Governor pursuant to law.[65] There are specific regulations for accessing public meeting records pursuant to Freedom of Information Acts.[66] Generators of low-level radioactive waste must make reports to NYSERDA.[67] Any "action" of the Authority is subject to the state Environmental Quality Review Act (SEQRA).[68] Other regulations include provisions for prompt payment of accounts payable,[69] a privacy policy,[70] and the purchase of energy efficient products.[71]

NYSERDA funds a program, with the Farm Bureau, to assist farmers to make electricity from cow manure, or more formally, "to install anaerobic digester gas-to-electric facilities on farms."[72]

NYISO

New York has an Independent System Operator, the New York Independent System Operator (NYISO).[73] NYISO is the non-profit agency charged by New York with auctions of energy supplies. Specifically, NYISO:

operates New York's bulk electricity grid, administers the state's wholesale electricity markets, and provides comprehensive reliability planning for the state's bulk electricity system. A not-for-profit corporation, the NYISO began operating in 1999.
—NYISO statement of purposes[73]

NYISO also organizes symposia on New York energy law.[74] Stephen Whitley is the Chief Executive of NYISO.[75] The past chairperson of the board, Karen Antion, has been replaced as of April 19, 2011, by Robert Hiney, the past vice-chairman.[76]

NYISO is subject to regulation by the legislature.[18][19]

Power Authority

The regulations governing the Power Authority of the State of New York may be found at Parts 450–463 of the Code of Rules and Regulations.[77]

The Power Authority's proposed contract with Canada and its Quebec province, to provide energy from its extensive hydroelectric dam facilities, have generated not only power but controversy.[78] According to the Sierra Club:

[t]he "New York Power Authority is in preliminary discussions and considering the liability of a new contract with Hydro-Québec," a Canadian supplier of hydroelectricity.
Legislative Gazette[78]

The Sierra Club, the Innu community, and the National Lawyers Guild are fighting to prevent this proposed contract, which would have to be approved by Governor Paterson under his regulatory authority.[78]

The Power Authority has been criticized by scholars for "missed opportunities" in using its adminsitrative powers.[79]

Scholarship and research

The Fordham Environmental Law Journal [80] hosted a panel about citing electric generators in New York City under New York energy law.[81]

See also

References

  1. ^ N.Y. Energy Law § 1-101, found at New York State Legislature official web site, go to "ENG", then "Article 1", finally "1–101 – Short title". Accessed August 6, 2008.
  2. ^ N.Y. Energy Law § 1-103 (5) and (6), found at New York State Legislature official website, go to "ENG", then "Article 1", finally "1–103 – Definitions". Accessed February 4, 2009.
  3. ^ See Preface, N.Y. Energy Law (McKinney's); L. 1976, Chap. 819, sec. 2.
  4. ^ N.Y. Energy Law, at Consolidated Laws, at New York State Legislature official website, go to "ENG". Accessed February 4, 2009.
  5. ^ a b c N.Y. Energy Law, Art. 13, of Consolidated Laws, at New York State Legislature official website, go to "ENG", then "Article 13". Accessed February 4, 2009.
  6. ^ N.Y. Energy Law (McKinney's supp. 2008).
  7. ^ N.Y. Energy Law (McKinney's appendix).
  8. ^ New York State Senate Energy and Telecommunications committee website. Retrieved March 18, 2010, and updated version on January 24, 2011.
  9. ^ New York State Senate website Darrel J. Aubertine's page. Retrieved June 1, 2009 and updated version on January 24, 2011.
  10. ^ a b c d e f g h i j New York State Assembly website Updates from the Committee on Energy. Retrieved March 6, 2009.
  11. ^ Delen Goldberg, "North Country Sen. Darrel Aubertine promoted after Brooklyn Sen. Kevin Parker arrested," The Post-Standard, May 17, 2009, found at Syracuse.com website. Retrieved June 1, 2009.
  12. ^ Jude Seymour, "Aubertine to lead panel on energy after shakeup," Watertown Daily Times, May 12, 2009, found at Watertown Daily Times . Retrieved June 1, 2009.
  13. ^ "Aubertine Named Chair of Energy Committee," posted May 11, 2009, found at NY Senate Press release. Retrieved June 1, 2009.
  14. ^ "Aubertine: Power for Jobs should be extended at least a year for certainty, continuity," posted May 27, 2009, found at NY Senate Press release. Retrieved June 1, 2009.
  15. ^ NYSenate.gov website. Retrieved January 24, 2011.
  16. ^ [New York State Assembly website Member Kevin Cahill's page]. Retrieved March 6, 2009.
  17. ^ New York State Assembly website Committee on Energy listing. Retrieved March 6, 2009 and January 24, 2011.
  18. ^ a b Notice of Public Hearing, from the New York State Assembly website Committee on Energy pages. Retrieved March 6, 2009.
  19. ^ a b Larry Rulison, "NYISO openness needed, critic says: Author of study urges transparency in system's bidding process," Albany Times Union, March 5, 2009, found at Albany Times Union website, and "Assemblyman blasts NYISO over rates: Brodsky touts new study critical of its method of setting electric prices," Albany Times Union, March 4, 2009, found at Albany Times Union website. Both articles retrieved March 6, 2009.
  20. ^ Hearing on December Ice Storm Power Outages, Report at New York State Assembly website Committee on Energy pages and Notice of Public Hearing at New York State Assembly website Committee on Energy pages. Retrieved March 6, 2009.
  21. ^ New York State Assembly website Committee on Energy pages and Annual Report in .pdf format. Retrieved March 6, 2009.
  22. ^ Lamendola, Michael (2008-11-05). "Tonko wins to succeed McNulty". The Daily Gazette (Schenectady, New York). http://www.dailygazette.com/news/2008/nov/05/1105_tonko/. Retrieved 2009-03-10. 
  23. ^ Andrew Hevesi, "Promoting Solar Energy and Job Creation in New York State," NY Capitol News , April 26, 2010. Found at NY Capitol News archives. Accessed August 5, 2010.
  24. ^ website of Member of Assembly Sandy Galef. Accessed August 27, 2008.
  25. ^ a b New York Laws, Chapter 565 of the Laws of 2008.
  26. ^ New York Laws, Chapter 631 of the Laws of 2008.
  27. ^ New York Laws, Chapters 452, 480, and 483 of the Laws of 2008.
  28. ^ a b c d "Issue Forum: Energy," NY Capitol News, February 2009, pp. 4–9, found at NY Capitol News website(.pdf document). Retrieved March 9, 2009.
  29. ^ Ny State DPS website "Error: no |title= specified when using {{Cite web}}". http://www3.dps.state.ny.us//W/PSCWeb.nsf/All/64C8A03C408086EB85257687006F3ABE?OpenDocument Ny State DPS website. Retrieved July 6, 2011. 
  30. ^ Hawkins, Andrew (June 22, 2011). "Article X, Green Jobs To Be Part Of End-Of-Session Deal". Capitol news. http://nycapitolnews.com/2011/06/article-x-green-jobs-to-be-part-of-end-of-session-deal/. Retrieved July 6, 2011. 
  31. ^ "Power-plant siting act is welcome". Poughkeepsie Journal. July 2, 2011. http://www.poughkeepsiejournal.com/article/20110703/OPINION01/107030354/Power-plant-siting-act-welcome?odyssey=mod%7Cnewswell%7Ctext%7CPoughkeepsieJournal.com%7Cs. Retrieved July 6, 2011. 
  32. ^ N.Y. Tax L. §§ 523(b), 524 (c), 1111, 1136 (a)(7); see also the entire N.Y. Tax L. Article 21-A for context.
  33. ^ Motor Fuel Excise Tax Rates as of January 1, 2008 from the Federation of Tax Administrators website. Retrieved February 24, 2009.[dead link]
  34. ^ 2007 State Tax Collection by Source from the Federation of Tax Administrators website. Retrieved February 24, 2009.
  35. ^ N.Y. Tax L. Article 21.
  36. ^ For all of the tax laws in New York, see New York state assembly official website, then go TAX. Retrieved February 24, 2009.
  37. ^ N.Y. Tax L. §§ 282-289F, Art. 12-A; 20 N.Y.C.R.R. Parts 410, 430; 102 N.Y. Jur. 2d § 2535.
  38. ^ N.Y. Tax L. §§ 285-a (3)(d) (motor fuel generally), 285-b (4)(d) (diesel motor fuel); 20 N.Y.C.R.R. § 412.4; 102 N.Y. Jur. 2d § 2537.
  39. ^ N.Y. Tax L. § 286 (1); 20 N.Y.C.R.R. §§ 413.4 (b), 418.1 (b); 102 N.Y. Jur. 2d § 2538.
  40. ^ a b c N.Y. Real Property Law § 335-b, found at New York state assembly official website, then go to RPP. Retrieved February 5, 2009.
  41. ^ N.Y. Tax Law § 187-b, citing Tax Law §§ 183, 184, 185. Found at NY state assembly website. Retrieved February 16, 2011.
  42. ^ New York state Assembly official website. Retrieved February 9, 2009.
  43. ^ Local Corporation Taxes § 4-f, about "Credit relating to certain sales and compensating use taxes on electricity used in manufacturing, processing or assembling," and § 101, "Imposition of tax," from New York state Assembly official website, then search for "Energy law." Retrieved February 5, 2009.
  44. ^ 102 N.Y. Jur. 2d Taxation and Assessment §§ 2535–2604.
  45. ^ Mark Fass, "Panel Finds D.A. Can Prosecute Polluter Under N.Y. Law", New York Law Journal (N.Y.L.J.), August 22, 2008, may be found at Bloglines website or N.Y.L.J. website (Subscription Required). Citing People v. Quadrozzi, No. 2006-065575 (2d dep't 2008), which cited N.Y. ECL §§ 71-0403 and 71-1933 (9), see NY Laws at the Assembly official website, go to "ENV – Environmental Conservation", then "ARTICLE 71 – ENFORCEMENT". Links accessed August 27, 2008.
  46. ^ In re Conklin, 110 F.2d 178 (2d Cir. 1940); see 102 N.Y. Jur. 2d Taxation and Assessment § 2543, citing this case.
  47. ^ Evans v. Gallman, 48 A.D.2d 466, 370 N.Y.S.2d 223 (3d Dep't 1975); see 102 N.Y. Jur. 2d Taxation and Assessment § 2541, citing this case.
  48. ^ Central Greyhound Lines v. Graves, 274 A.D.2d 679, 87 N.Y.S.2d 441 (3d Dep't 1949); see 102 N.Y. Jur. 2d Taxation and Assessment § 2541, citing this case.
  49. ^ Mira Oil Co. v. Chu, 114 A.D.2d 619, 494 N.Y.S.2d 458 (3d Dep't 1985); see 102 N.Y. Jur. 2d Taxation and Assessment § 2544, citing this case.
  50. ^ New York State Dept. of Taxation & Finance v. Bramhall, 235 A.D.2d 75, 667 N.Y.S.2d 141 (4th Dep't 1997); see 102 N.Y. Jur. 2d Taxation and Assessment § 2548, citing this case.
  51. ^ Snyder v. Wetzler, 84 N.Y.2d 941, 620 N.Y.S.2d 813, 644 N.E.2d 1369 (1994); see 102 N.Y. Jur. 2d Taxation and Assessment § 2548, citing this case.
  52. ^ N.Y. Association of Convenient Stores v. Urbach, 275 A.D.2d 520, 712 N.Y.S.2d 220 (3d Dep't 2000); see 102 N.Y. Jur. 2d Taxation and Assessment § 2548, citing this case.
  53. ^ Conservation easements at the New York State Deopartment of Environmental Conservation. Accessed October 18, 2011.
  54. ^ 9 N.Y.C.R.R. Parts 7840–7863, online at NYCRR Title 9 online by Westlaw, accessed April 15, 2009; see also West's NY Digest 4th, Public Utilities ## 101 et seq., 53 NY Jur. 2d §1; see also 21 N.Y.C.R.R. Parts 500–506, for NYSERDA, q.v..
  55. ^ New York Register website. Accessed October 22, 2009.
  56. ^ "Canestrari: HEAP Expansion Will Help Heat More Homes This Winter," from New York State Assembly government website. See also Ooffice of Temporary and Disability Assistance government website and New York State Benefits government website. Retrieved March 3, 2009.
  57. ^ N.Y. Energy Law § 1-103 (4), found at New York State Legislature official website, go to "ENG", then "Article 1", finally "1–103 – Definitions". Accessed August 6, 2008.
  58. ^ a b c NYSERDA official website About webpage. Accessed August 6, 2008.
  59. ^ NYSERDA official website Board of Directors webpage. Accessed August 6, 2008.
  60. ^ NYSERDA official website Chairman's webpage. Accessed August 6, 2008.
  61. ^ N.Y. Public Authorities Law §§ 1850 et seq., found at New York State Legislature official website, go to "PBA", then "Article 8", finally "Title 9 – (1850–1883) NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY". Accessed August 6, 2008.
  62. ^ NYSERDA law from its official website (pdf document). Accessed August 6, 2008.
  63. ^ 21 N.Y.R.R.C. Parts 500–506 (New York Secretary of State, amended as of November 15, 2007). See online at NYCRR Title 21, Chapter XI online by Westlaw, accessed April 15, 2009.
  64. ^ 21 N.Y.R.R.C. §§ 500.1–500.2.
  65. ^ 21 N.Y.R.R.C. § 500.3, citing N.Y. Public Authorities L. § 1853.
  66. ^ 21 N.Y.R.R.C. Part 501, §§ 501.1–501.10 (eff. March 27, 1979), pursuant to N.Y. Public Authorities L. §§ 1852, 1855 & N.Y. Public Officers L. § 87.
  67. ^ 21 N.Y.R.R.C. Part 502, §§ 501.1–501.10 (eff. March 2, 1987, amend. eff. December 5, 2007), pursuant to N.Y. Public Authorities L. §§ 1852, 1854-d, 1855 & N.Y. Public Officers L. § 87, citing Chapter 673 of the Laws of 1986, the Low-Level Radioactive Waste Management Act.
  68. ^ 21 N.Y.R.R.C. Part 503, §§ 503.1–503.3 (eff. February 27, 1987, amend. eff. July 7, 1999), pursuant to N.Y. Environmental Conservation L. § 8-0113 & N.Y. Public Authorities L. §§ 1852, 1855, citing N.Y. Environmental Conservation L. § 8-0105 & 6 N.Y.R.R.C. § 617.2.
  69. ^ 21 N.Y.R.R.C. Part 504, §§ 504.1–504.12 (eff. November 30, 1988, amend. eff. December 15, 1993), pursuant to N.Y. Executive L. § 102, N.Y. Public Authorities L. §§ 1852, 1855, 2880 & N.Y. Public Officers L. § 87; citing N.Y. Eminent Domain Procedure L. & N.Y. Public Authorities L. § 2880.
  70. ^ 21 N.Y.R.R.C. Part 505, §§ 505.1–504.11 (eff. February 21, 2001, amend. eff. December 5, 2007), pursuant to N.Y. Public Authorities L. §§ 1852, 1855 & N.Y. Public Officers L. Art. 6A, §§ 87, 94; citing N.Y. Public Officers L. Art. 6A.
  71. ^ 21 N.Y.R.R.C. Part 506, §§ 506.1–506.6 (eff. February 4, 2004, amend. eff. April 4, 2007), pursuant to N.Y. Public Authorities L. §§ 1852, 1855, N.Y. Energy L. § 5-108-a (q.v.) & N.Y. Executive L. § 102.
  72. ^ Anna Helhoski, "NYSERDA helps farmers turn waste into electricity," Legislative Gazette, February 23, 2009, p. 10, see Legislative Gazette website. Retrieved February 25, 2009.
  73. ^ a b New York Independent System Operator official website Public information page. Retrieved March 6, 2009.
  74. ^ New York Independent System Operator official website 2009 Symposium on "Today's critical topics in energy" page. Retrieved March 6, 2009.
  75. ^ Larry Rulison, "Bringing new energy to NYISO: At the helm since July, Whitley brings "impressive array of talents" to job," Albany Times Union, December 23, 2008, found at Albany Times Union website. Retrieved March 6, 2009.
  76. ^ Larry Rulison, "New chairman named for NYISO," Times Union, March 29, 2011, p. D 1.
  77. ^ 21 N.Y.R.R.C. Parts 450–463 (New York Secretary of State, amended as of January 1, 1995, reissued July 1995).
  78. ^ a b c Katrina Kieltyka, "Sierra Club figting plan to buy Canadian power: Say hydroelectic dams would harm indigenous people," Legislative Gazette, March 16, 2009, p. 21, available at Legislative Gazette archives (.pdf file). Retrieved March 20, 2009.
  79. ^ John L. Parker James Malatras, "Missed Opportunities: California Energy Fears, New York Energy Policy and the New York Power Authority's New York City Turbine Projects," Pace Environmental Law Review (Pace University 2003). Found at Digital Commons website. Accessed September 11, 2010.
  80. ^ Fordham University website. Accessed January 20, 2011.
  81. ^ Aravella Simotas, at the time a law student, moderated the Fordham University Law School panel, years before she was elected to New York State Assembly. Aravella Simotas, "Discussion: Panel III: Electric Generators in New York City: Balancing the Energy and Environmental Needs of the Community," 8 Fordham Envtl. Law J. 531 (2002). Abstract found at Lexi-Nexis website. Accessed January 20, 2011.

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