N.Y. Comp. Codes R. & Regs. Tit. 9 § 7852.3 - Board action

(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.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7852.3