BOUNDLESS ENERGY FILES FOR REHEARING WITH PSC

News Release
For Immediate Release
January 19, 2016

Hudson Valley, NY –Boundless Energy NE, LLC has officially petitioned the New York State Public Service Commission (PSC) for a rehearing on its proposal to upgrade New York’s energy highway in the Hudson Valley. Last month, the PSC disregarded state guidelines and arbitrarily dismissed the Boundless project even though it was the only one of four remaining proposals that delivered the needed capacity while limiting disruption to Hudson Valley residents and the environment.

“The PSC’s arbitrary decision to eliminate the only proposal with no impact on the environment is completely unsupported by the applicable law, and it came at the end of a flawed process in which Department of Public Service staff repeatedly shifted the goal posts to favor their preferred developers. The PSC overstepped its bounds and we request a rehearing so each proposal can be judged fairly on the merits.

“In July 2015, after years of analysis, the DPS staff issued an interim report that focused on the environmental compatibility and beneficial Electric System impacts of reconductoring options in the Hudson Valley, and eliminated case P-11.Two months later, without explanation, the staff reversed itself on these key points and resurrected P-11 – enabling them to give preferential treatment to the large utilities over competing developers while ignoring the Boundless proposal for an expanded reconductoring project that would improve both Central East and UPNY-SENY.

“The Boundless Leeds Path West project is the most efficient and cost effective solution for delivering needed energy capacity while limiting impact on Hudson Valley residents and the environment. We remain confident that an unbiased review of all proposals by any objective standard will demonstrate that the Leeds Path West project is the best option for Hudson Valley residents, the environment, and New York energy consumers.” – Rod Lenfest, President, Boundless Energy

Executive Summary of Petition Key Points

(1) The New York Public Service Commission (“Commission”) erred as a matter of law and in violation of the State Administrative Procedure Act (“SAPA”) by adopting a portfolio of project proposals as public policy requirements.

(2) The Commission erred as a matter of law and in violation of Attachment Y of the New York Independent System Operator “(NYISO”) Open Access Transmission Tariff (“OATT”) by adopting a specific portfolio of project proposals to meet the identified public policy requirements.

(3) The Commission erred as a matter of law and fact by using proposed projects’ impact on the Central East interface as its basis for deciding which proposed projects to adopt to meet the public policy requirement.

(4) The Commission erred as a matter of fact in its assessment of the environmental impacts of the Boundless projects.

(5) The Commission erred as a matter of fact by adopting three new project fragments.

(6) The Commission erred as a matter of law and fact in its evaluation and selection processes as set forth herein.

(7) The Commission erred as a matter of fact in calculating refurbishment credits.

(8) The Commission erred as a matter of fact by failing to account for the capability increase at the UPNY-SENY interface contributed by the TOTS Projects.

(9) The Commission erred as a matter of fact by failing to address the reduced line losses that result from the use of the ACCC conductor proposed by Boundless.

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Media Contact:
Maggie McKeon
Maggie@kpa.nyc
315-730-5101