N.Y. Comp. Codes R. & Regs. tit. 16 § 1001.9

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1001.9 - Exhibit 9: alternatives

Exhibit 9 shall contain:

(a) an identification and description of reasonable and available alternate location sites for the proposed facility, except that a private facility applicant may limit its identification and description to sites owned by, or under option to, such private facility applicant or its affiliates;

(b) for each alternative location identified, an evaluation of the comparative advantages and disadvantages of the proposed and alternative locations at a level of detail sufficient to permit a comparative assessment of the alternatives discussed considering:

(1) the environmental setting;

(2) the recreational, cultural and other concurrent uses that the site may serve;

(3) engineering feasibility, including fuel availability, wind availability (if applicable), and interconnections;

(4) reliability and electric system effects;

(5) environmental impacts, including an assessment of climate change impacts (whether proposed energy use contributes to global temperature increase);

(6) economic considerations;

(7) environmental justice considerations;

(8) security, public safety and emergency planning considerations;

(9) public health considerations;

(10) the site's vulnerability to potential seismic disturbances and current and anticipated climate change impacts, such as sea-level rise, precipitation changes, and extreme weather events; and

(11) the objectives and capabilities of the applicant;

(c) a description and evaluation of reasonable alternatives to the proposed facility at the primary proposed location including alternatives regarding:

(1) general arrangement and design;

(2) technology, including alternative power block technologies, air emissions control systems, stack configurations (single flue vs. combined flues), cooling technologies, and alternatives to any proposed use of aqueous ammonia;

(3) scale or magnitude;

(4) for wind power facilities, alternative layouts of the turbines within the site location; and

(5) timing of the proposed in-service date for the facility in relation to other planned additions, withdrawals, or other capacity, transmission or demand reduction changes to the electric system;

(d) a statement of the reasons why the primary proposed location is best suited, among the alternative locations required to be identified, to promote public health and welfare, including the recreational, cultural and other concurrent uses which the site and affected areas may serve;

(e) a statement of the advantages and disadvantages of the alternatives and the reasons why the primary proposed design technology, scale or magnitude, and timing are best suited, among the alternatives, to promote public health and welfare, including the recreational, cultural and other concurrent uses that the site may serve;

(f) a description and evaluation of the no action/no build alternative at the primary proposed location including a statement of the reasons why the proposed facility is better suited to promote public health and welfare including the recreational, cultural and other concurrent uses that the site may serve;

(g) an identification and description of reasonable energy supply source alternatives including but not limited to alternatives to the proposed facility consisting of renewable generation, distributed generation, transmission, and demand-reducing alternatives, except that an applicant may limit its identification and description to alternatives that are feasible considering the objectives and capabilities of the sponsor or its affiliates;

(h) for each source and demand-reducing alternative identified, an evaluation of the comparative advantages and disadvantages of the proposed facility and the alternatives at a level of detail sufficient to permit a comparative assessment of the alternatives discussed considering:

(1) engineering feasibility;

(2) reliability and electric system effects;

(3) environmental impacts, including an assessment of climate change impacts(whether proposed energy use contributes to global temperature increase);

(4) economic considerations;

(5) environmental justice considerations;

(6) security, public safety and emergency planning considerations;

(7) public health considerations; and

(8) the objectives and capabilities of the applicant;

(i) a statement of the reasons why the proposed facility is best suited, among the alternative sources and measures, to promote public health and welfare, including the recreational, cultural, and other concurrent uses that the site and affected areas may serve.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 1001.9