PSL 66-P Safety Valve Advocacy Comments  

New York Public Service Law (PSL) § 66-p establishes a renewable energy program for the Climate Act and includes a safety valve provision.  In posts published this week I provided a status update that provides extensive background information and a description of the Independent Intervenor filing describing how the hearing to address the safety valve should be handled.  This post explains how the Independent Intervenors think the Public Service Commission should respond to the hundreds of identical comments prompted by advocacy organizations.

I am convinced that implementation of the Climate Act net-zero mandates will do more harm than good if the future electric system relies only on wind, solar, and energy storage because of reliability and affordability risks.  I have followed the Climate Act since it was first proposed, submitted comments on the Climate Act implementation plan, and have written nearly 650 articles about New York’s net-zero transition.  The opinions expressed in this article do not reflect the position of any of my previous employers or any other organization I have been associated with, these comments are mine alone.

Background

New York Public Service Law (PSL) § 66-p establishes a renewable energy program for the Climate Act.  It  provides that the Commission “may temporarily suspend or modify the obligations under such program provided that the commission, after conducting a hearing as provided in section twenty of this chapter, makes a finding that the program impedes the provision of safe and adequate electric service; the program is likely to impair existing obligations and agreements; and/or that there is a significant increase in arrears or service disconnections that the commission determines is related to the program”.  This safety valve was included because even the lawmakers realized that it may not be possible to transition the electric system to “zero-emissions” by relying on renewable energy.  New York State never followed up with a feasibility study proving that it could be done, never pointed to another jurisdiction that implemented such a system successfully, and has not provided clear and comprehensive cost estimates. 

I have joined Richard Ellenbogen, Constantine Kontogiannis, and Francis Menton (“Independent Intervenors”) submitting comments in a few Public Service Commission proceedings.  I am a retired utility meteorologist, with extensive electric energy and environmental regulatory analysis experience.   Ellenbogen is an electrical engineer who is President of Allied Converters where he has pioneered how “green” manufacturing can work.  Constantine Kontogiannis is an engineer who has decades of experience providing energy consulting services.  Menton is a retired lawyer and now writes articles on his Manhattan Contrarian blog that analyze New York’s energy transition.  We have no financial interest in the Climate Act, have received no funding from any outside interests, and have invested thousands of hours of our time in efforts to explain why physics, engineering and economics prevent a Renewable Energy Program that powers a safe, adequate, and affordable electric system in New York State.

The Problem

As I explained in my previous post, the Independent Intervenors filed a petition on April 17, 2026 recommending that the stakeholder process for the PSL 66-P hearing should differ from the process used in the Scoping Plan and the Energy Plan.  In those proceedings the response to comments was handled by the New York State Energy Research & Development Authority (NYSERDA).  NYSERDA did not use the stakeholder process as an opportunity to improve those plans.  Instead, they went through the motions of stakeholder interaction and only provided a list of comments without any responses.  I was particularly disappointed that the NYSERDA general characterization of comments was along the lines of “most of the comments agreed” with the draft documents. As a result, green energy advocacy organizations were encouraged to organize advocacy campaigns to swamp the public comments with comments supporting their policy preferences.

To have a stakeholder process that informs the PSC decision on the PSL 66-P hearing we stated that the Commission should order the following process steps:

1. A notice opening an initial comment period that gives all stakeholders a meaningful opportunity to identify issues relevant to the statutory findings required by PSL § 66-p(4).
2. At the conclusion of the comment period, Commission Staff should prepare an issue list that categorizes and prioritizes the comments received into major technical subjects, including reliability, resource adequacy, transmission readiness, contract and compliance obligations, arrears and disconnections, and definitions of safe, adequate, and affordable service.
3. The documentation should identify opposing positions on each material issue so that participants and Staff can see where there is consensus, where there is factual disagreement, and where methodological disagreements require focused review.
4. The schedule must provide sufficient time for written comments, reply comments, and preparation of supporting technical materials so that the record is not limited to conclusory assertions.
5. One or more technical conferences should be convened at which both sides of disputed issues are presented in a structured manner, with sufficient time for questions from Staff and stakeholders.
6. A dedicated conference session addressing the meaning of “safe,” “adequate,” and “affordable” service should also be included, because those terms are central to the Commission’s statutory findings and need common definitions before competing analyses can be compared.
7. A post-conference report prepared by Staff that summarizes the issues raised, the competing positions presented, the areas of agreement and disagreement, and explains how those discussions inform the Commission’s determination under PSL § 66-p(4).
8. This information would enable the Commission to determine if it is necessary to temporarily suspend or modify obligations under the Renewable Energy Program.

This post explains how I think the proposed stakeholder process should handle hundreds of similar advocacy comments expressing policy preferences without technical or economic support.

Recommended Response to From Letter Campaign

The Independent Intervenors plan to submit our comments on the petition on May 1. Our filing addresses a comment submitted by hundreds that express policy preferences without technical or economic support. The comment lacks the analytical detail needed for meaningful regulatory consideration.  We are not suggesting that these comments lack value.  In our April 17 filing, we recommended that once everyone has had an equal chance to raise their concerns that the Commission categorize and prioritize the technical issues submitted and convene a technical hearing conference that resolves the substantive issues raised in comments.  This exhibit is an example of issues that need to be addressed in this manner.

As an example of our recommended comment process consider 100 public comments number 1151 posted on 4/23/26 through number 1050 posted on 4/3/26 at Case Number 22-M-0149.  The first 50 characters of more than half these comments were identical, which clearly indicates a campaign to submit comments.  Comment number 1151 posted on 4/23/26 by Melanie Acampora met these criteria.  It states:

Dear PSC Commissioners, I urge the Public Service Commission (PSC) to reject the petition filed by the Coalition for Safe and Reliable Energy, which would improve neither safety nor reliability, and would instead raise utility costs by deepening New York’s reliance on expensive and volatile fossil fuels. With the cost of oil and gas skyrocketing as a result of the U.S. war on Iran, this is not the time for New York to be considering rollbacks to our renewable energy targets. I urge the PSC to remain committed to the goals of the Climate Leadership and Community Protection Act (CLCPA) and the Clean Energy Standard. Temporarily modifying or suspending the clean energy mandates in the CLCPA will not benefit New Yorkers and is entirely unnecessary to maintain a reliable electric grid. In fact, any further investments in the fossil fuel economy will have a negative financial impact on New Yorkers. Costs of energy in New York are driven by the price of fossil fuels, which are highly volatile and affected by events outside of the control of New York, such as the invasion of the Ukraine by Russia and the U.S. war on Iran. Sticking to fossil fuels means unpredictable, unaffordable bills for New Yorkers. Renewable energy – which requires no fuel – offers predictable costs which makes families less vulnerable to energy price shocks. Renewable energy is a long-term cost-saving strategy that will promote affordability and protect New York utility customers from the impacts of volatile fossil fuel prices. I urge the PSC to reject the unsupported request to hold a hearing to consider temporarily modifying or suspending the renewable energy and zero-emission energy goals. Sincerely,

This comment appears many other times since the first comment addressing the petition (Comment number 33) appeared in the record on 3/9/26 in Case Number 22-M-0149.  It also appears many more times in the public comments for Case Number 15-E-0302.  The Independent Intervenors believe that the comment incorrectly characterizes the petition as an attempt to “roll back” or “suspend” the CLCPA mandates and asserts, without record support, that a §66‑p(4) hearing is “unsupported” and “entirely unnecessary.”  In the following sections we describe our responses to this comment as an example of responses to a disputed issue that should be resolved in a hearing.

Recommended Response

The form letter argues that the petition filed by the Coalition for Safe and Reliable Energy should be rejected because it “would improve neither safety nor reliability and would instead raise utility costs by deepening New York’s reliance on expensive and volatile fossil fuels.”  However, it does not provide any support for those claims.

It argues that “Temporarily modifying or suspending the clean energy mandates in the CLCPA will not benefit New Yorkers and is entirely unnecessary to maintain a reliable electric grid.”  It is important to note that the hearing will not necessarily temporarily modify or suspend the Renewable Energy Program, but it will address feasibility.  The fact is that the State has never done a feasibility analysis to determine if Renewable Energy Programs are a viable path to a zero-emissions electric system.   If the hearing finds that safe and adequate energy is not impeded by the Renewable Energy Program, then we can continue the current path reassured that it is feasible.  However, the Independent Intervenors cannot help but think that the concerted effort to flood the docket with comments that all say do not even consider the hearing is a sign that even devoted proponents have concerns.

The comment goes on to argue that fossil fuels are the cause of the high prices and that renewable energy is a long-term cost saving strategy.  The Independent Intervenors believe that this argument needs to be addressed at a hearing.  We believe that cheap intermittent energy does not lead to a cheap energy system.  The claims that renewable energy is cheaper are based on an incomplete analysis that tells you what it costs to produce electricity under ideal conditions, but it leaves out what it takes to run a system that has to perform under real ones. Accounting for reliability, timing, infrastructure, and risk, the picture changes and renewable costs are not cheaper.

The commenters deserve to have their arguments addressed.  As detailed below, the Independent Intervenors believe that those arguments are flawed but they must be addressed.  A PSL 66-P hearing is the appropriate venue to resolve the issues raised.

The Petition Properly Invokes PSL §66‑p(4)

The Coalition’s petition expressly requests that the Commission “hold a hearing pursuant to Public Service Law §66‑p(4) to evaluate whether to temporarily suspend or modify the obligations under the Renewable Energy Program established as part of the Climate Leadership and Community Protection Act.”

Thus, a hearing is the statutorily prescribed mechanism for testing whether the safety‑valve criteria are satisfied; it is not an extraordinary or anti‑CLCPA measure but part of the CLCPA implementation framework itself. The adverse comment’s request to deny a hearing disregards this structure and effectively ignores §66‑p(4) in the statute. Note however, that the hearing must resolve issues.

Reliability and Affordability Triggers Have Been Met

Multiple filings in Case 22‑M‑0149, as well as the Coalition petition, present credible evidence that the current implementation of the Renewable Energy Program may: (a) impede safe and adequate service, and (b) coincide with a significant increase in arrears, thereby implicating both primary §66‑p(4) triggers. The recommended technical conference would evaluate this evidence.

The Commission itself has acknowledged in Case 22‑M‑0149 that PSL §66‑p(4) includes safety‑valve provisions and that the customers‑in‑arrears condition has been specifically raised as a trigger. The adverse comment does not grapple with any of this record; it simply asserts that a hearing is “unsupported” and “unnecessary,” which is inadequate given the clear statutory language and evidence already before the Commission.

Mischaracterization of the Petition and of Fossil Fuel Risk

The form comment argues that granting the petition and potentially modifying obligations would “deepen New York’s reliance on expensive and volatile fossil fuels” and that “sticking to fossil fuels means unpredictable, unaffordable bills for New Yorkers.”

If this issue were addressed as proposed we believe that it would show the Coalition petition does not seek to abandon the CLCPA’s targets; it seeks a recalibration of obligations and timelines, if warranted by the evidence, so that the Renewable Energy Program is compatible with reliable and affordable service. A transition that outpaces feasible infrastructure development, transmission build‑out, and proven firm zero‑emission resources can actually increase reliance on emergency fossil generation and expensive backstop measures, thereby exacerbating the very fuel‑price and affordability risks the comment highlights.

Granting the Hearing is Consistent with, Not Contrary to, the CLCPA

The Independent Intervenors generally support the CLCPA’s broad decarbonization objectives, but durable climate policy must be aligned with reliability and affordability constraints. A PSL §66‑p(4) hearing is the means the Legislature chose to ensure that alignment. If there was a hearing these concerns could be addressed.

Conclusion

New York’s climate and energy policy choices are too consequential to ignore the legal mandate to confirm that the Renewable Energy Program can provide safe, adequate, and affordable electricity.  The Independent Intervenors believe that genuine stakeholder processes require open discussion of trade‑offs, clear documentation of how comments are handled, and a willingness to adjust course when the evidence points in a different direction.  In my opinion, green energy advocacy organizations are trying to game the system by submitting an overwhelming number of comments.  While they deserve to have their opinions heard, the system should transparently address their concerns.  In the example shown, the arguments do not warrant rejecting the petition or make a convincing argument that the PSL 66-P Renewable Energy Program obligations should not be temporarily suspended or modified.