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NYS PSC Order on High Capacity Factor Resources

A victory for small hydropower in New York’s Community Distributed Generation Program.

On December 12, 2019 the New York State Public Service Commission issued an Order pertaining to the Joint Utility (JU) petition and DPS Staff Whitepaper addressing concerns about high-capacity-factor resources (specifically fuel cells) in the Community DG program.

The Law Offices of Dana Hall submitted comments on behalf of nineteen interested hydro parties, and we are gratified that in today’s Order, the PSC recognized our concerns, that the DPS Staff Whitepaper provided an overly blunt solution to a narrowly identified problem raised by the JU Petition, and found that hydro merits separate consideration.

As a result of today’s Order, hydropower has been exempted from the remedy proposed by Staff to address the concerns of the JU pertaining to high-capacity-factor fuel cells. Read the entire Order HERE. The relevant section of the Order is on Page 15, and the Hydro Parties’ comments are summarized in Appendix A.