ECONOMIC DEVELOPMENT POWER
ALLOCATION BOARD
MINUTES
February 22, 2005
Video Conference 10:00 a.m.
Louis P. Ciminelli Construction,
Empire State Development Corporation,
1. Approval of the Minutes of the Meeting of December 14, 2004
2. Power for Jobs Extended Benefits Recommendations for Contract Extensions
Citi Group
Con
Coca
Cola Bottling
Con
Con
Brooklyn
-
Kinray, Inc.
Con
Whitestone
Con
Brooklyn,
-
Con
Bronx
San-Mar Laboratories, Inc
Con
Elmsford
Con
The Jewish Museum
Con
The
Con
Mount
Con
Con
Fortunoff
LIPA
Uniondale
Gurwin
Jewish
LIPA
Commack
Kleer-Fax Inc.
LIPA
Amityville
Agri-Link Inc.
NIMO
Allied Frozen Storage, Inc.
NIMO
AMF Bowling Inc.
NIMO
Lowville
NIMO
Anoplate Corp.
NIMO
Bonded Insulation Company, Inc
NIMO
Hagaman
NIMO
Brownville Specialty Paper Products
NIMO
Brownville
Byrne Dairy, Inc.
NIMO
NIMO
New
NIMO
Di Highway Sign & Structure Corp.
NIMO
Ethox Corp.
NIMO
Faster Form Corp
NIMO
Gehring Tricot Corp.
NIMO
Dolgeville
Gernatt Asphalt Products, Inc.
NIMO
Collins
H.P. Hood, Inc.
NIMO
Hebeler Corporation
NIMO
Helmont Mills
NIMO
St. Johnsville
Indium Corporation of
NIMO
Matt Brewing Company
NIMO
Mayer Brothers Apple Products, Inc
NIMO
West Seneca
NIMO
Mount Saint Marys Hospital
NIMO
Native Textiles
NIMO
Glen Falls
Niagara Falls
Medical Center
NIMO
Niagara Falls
Niagara County
Norlite Corp.
NIMO
NIMO
Onondaga Beverage Corp.
NIMO
Liverpool
Ontario Foods, Inc.
NIMO
Orion Bus Industries
NIMO
Oriskany
Peak Resorts Inc. dba
NIMO
Precision Systems Mfg, Inc.
NIMO
Liverpool
Rensselaer Polytechnic Institute
NIMO
St. Lawrence University
NIMO
Suit-Kote Corp.
NIMO
The Beeches of Rome, Inc.
NIMO
Trans World Entertainment
NIMO
Utica Converters, Inc.
NIMO
Cameron Fabricating Corporation
NYSEG
Horseheads
Elrae Industries
NYSEG
Alden
Lancaster Steel Services Co. Inc
NYSEG
Novapak Corporation
NYSEG
Philmont
NYSARC, Inc
NYSEG
Mellenville
PCB Piezotronics, Inc.
NYSEG
Depew
RG&E
J.C. Plastics, Inc.
RG&E
3. Power for Jobs Extended Benefits Recommendations
for Electricity
Savings Reimbursements and/or Contract Extensions
Barttell Machinery Systems
NIMO
NIMO
East
Syracuse
NIMO
Chapin Manufacturing
NIMO
NIMO
Gouverneur St. Lawrence County
Fiber Glass Industries, Inc.
NIMO
Ginsberg Institutional Foods
NIMO
Homogeneous Metals
NIMO
Clayville
International Fiber Corporation
NIMO
Isadore A. Rapasadi & Sons
NIMO
Canastota
Kaz Incorporated
NIMO
Kintz Plastics
NIMO
NIMO
Lowville
Little
NIMO
Little
Falls
Mills Services, Inc.
NIMO
Cobleskill
NIMO
Gloversille
National Baseball Hall of Fame
NIMO
Cooperstown
New Venture Gear
NIMO
East
Syracuse
Pall Trinity Micro
NIMO
Pepsi Bottling Group, LLC
NIMO
Latham
Quandts Food Service Distr.
NIMO
Queensboro Farm Product
NIMO
Canastota
Revere Copper Products
NIMO
Robinson & Smith Inc.
NIMO
Snyder Industries, Inc.
NIMO
TMP Technologies, Inc.
NIMO
Ventre Packaging Co. Inc.
NIMO
Frito-Lay
NYSEG
OTHER BUSINESS
4. INFORMATIONAL ITEM
5. Next Meeting
A regular meeting of the Economic Development
Power Allocation Board was held via video conference at the following
participating locations:
1)
2)
3) Louis
P. Ciminelli Construction,
4) Empire
State Development Corporation,
The following Members of the
Board were present at the following locations:
Louis
P. Ciminelli, Chairman (
James
A. Duncan, Member (
Bernard P. McGarry, Member (
Kevin S. Corbett, Member (
Also in attendance were:
Louise M. Morman Senior
Vice President Marketing, Economic Development
& Supply Planning, NYPA
Gary Paslow Vice
President Governmental Affairs & Policy Development
Thomas Warmath Vice President and Chief Risk
Officer, NYPA
James
H. Yates Vice
President Major Account Marketing &
Economic Development, NYPA
Angela D. Graves Deputy
Secretary, NYPA
Joseph J. Carline Assistant
General Counsel Power & Transmission, NYPA
John B. Hamor Executive
Director State Governmental Relations, NYPA
James F. Pasquale Director
Business Power Allocations, Regulation and Billing, NYPA
Anthony C. Savino Manager
Business Power Allocations and Compliance, NYPA
Bonnie Fahey Executive
Administrative Assistant
Mary Jean Frank Associate Secretary, NYPA
Lorna M. Johnson Assistant Secretary, NYPA
Michael J. Santarcangelo Director, Energy Policy,
ESDC
1.
Adoption of Minutes
The minutes of the meeting of December 14, 2004, were unanimously
adopted.
2. Power for Jobs Extended Benefits Recommendations for Contract Extensions
The members of the Board considered the 62 contract extensions listed below for Power for Jobs. Mr. Pasquale explained that some 46,528 jobs would be impacted.
The following resolution was unanimously adopted by members of the Board present.
WHEREAS, the following entities have applied for Power for Jobs
contract extensions:
Citi Group
Con
Coca Cola Bottling
Con
Con
Brooklyn -
Kinray, Inc.
Con
Whitestone
Con
Brooklyn, -
Con
Bronx
San-Mar Laboratories, Inc
Con
Elmsford
Con
The Jewish Museum
Con
The
Con
Mount
Con
Con
Fortunoff
LIPA
Uniondale
Gurwin Jewish
LIPA
Commack
Kleer-Fax Inc.
LIPA
Amityville
Agri-Link Inc.
NIMO
Allied Frozen
Storage, Inc.
NIMO
AMF Bowling Inc.
NIMO
Lowville
NIMO
Anoplate Corp.
NIMO
Bonded Insulation
Company, Inc
NIMO
Hagaman
NIMO
Brownville
Specialty Paper Products
NIMO
Brownville
Byrne Dairy, Inc.
NIMO
NIMO
New
Clintons Ditch
Cooperative Company
NIMO
Di Highway Sign
& Structure Corp.
NIMO
Ethox Corp.
NIMO
Faster Form Corp
NIMO
Gehring Tricot
Corp.
NIMO
Dolgeville
Gernatt Asphalt
Products, Inc.
NIMO
Collins
H.P. Hood, Inc.
NIMO
Hebeler
Corporation
NIMO
Helmont Mills
NIMO
St. Johnsville
Indium Corporation
of
NIMO
Matt Brewing
Company
NIMO
Mayer Brothers
Apple Products, Inc
NIMO
West Seneca
NIMO
Mount Saint Marys
Hospital
NIMO
Native Textiles
NIMO
Glen Falls
Niagara Falls Medical Center
NIMO
Niagara Falls Niagara County
Norlite Corp.
NIMO
NIMO
Onondaga Beverage
Corp.
NIMO
Liverpool
Ontario Foods,
Inc.
NIMO
Orion Bus Industries
NIMO
Oriskany
Peak Resorts Inc.
dba
NIMO
Precision Systems
Mfg, Inc.
NIMO
Liverpool
Rensselaer
Polytechnic Institute
NIMO
St. Lawrence
University
NIMO
Suit-Kote Corp.
NIMO
The Beeches of
Rome, Inc.
NIMO
Trans World
Entertainment
NIMO
Utica Converters,
Inc.
NIMO
Cameron Fabricating
Corporation
NYSEG
Horseheads
Elrae Industries
NYSEG
Alden
Lancaster Steel
Services Co. Inc
NYSEG
Novapak
Corporation
NYSEG
Philmont
NYSARC, Inc
NYSEG
Mellenville
PCB Piezotronics,
Inc.
NYSEG
Depew
RG&E
J.C. Plastics,
Inc.
RG&E
NOW THEREFORE BE IT RESOLVED, That the Board hereby finds and
determines that such applications meet the requirements of the Power for Jobs
legislation contained in Chapter 316 of the Laws of 1997; Chapter 386 of the
Laws of 1998; Chapter 63 of the Laws of 2000; Chapter
226 of the Laws of 2002; and Chapter 59 of the Laws of 2004, would
advance the public policy set forth in Section 189(i) of the Economic
Development Law to provide effective incentives to promote economic
development, maintain and develop jobs, and encourage new capital investment
throughout New York State; and be it further
RESOLVED, That the Board recommends to the Power Authority of the State
of New York the 62 contract extensions discussed herein totaling 49,890 kW
until December 31, 2005, and that the
following terms be incorporated into the Power Authoritys contracts for Power
for Jobs Service:
-
applicants
to maintain a total of 46,528 jobs;
-
such
allocations shall be subject to the reduction of power and
affirmative action provisions set forth in
the Power Authoritys
standard form of contract for Power for Jobs Service.
3.
Power for
Jobs Extended Benefits Recommendations for Electricity
Savings Reimbursements and/or Contract
Extensions
The members of the Board considered the 28 applications for electricity savings reimbursements and/or contract extensions listed below for Power for Jobs. Mr. Pasquale explained that some 11,007 jobs would be impacted.
The following resolution was unanimously adopted by
members of the Board present.
WHEREAS, the following entities have applied for electricity savings
reimbursements and/or contract extensions under the Power for Jobs program:
Barttell Machinery Systems
NIMO
NIMO
East Syracuse
NIMO
Chapin Manufacturing
NIMO
NIMO
Gouverneur St. Lawrence County
Fiber Glass Industries, Inc.
NIMO
Ginsberg Institutional Foods
NIMO
Homogeneous Metals
NIMO
Clayville
International Fiber Corporation
NIMO
Isadore A. Rapasadi & Sons
NIMO
Canastota
Kaz Incorporated
NIMO
Kintz Plastics
NIMO
NIMO
Lowville
Little
NIMO
Little Falls
Mills Services, Inc.
NIMO
Cobleskill
NIMO
Gloversille
National Baseball Hall of Fame
NIMO
Cooperstown
New Venture Gear
NIMO
East Syracuse
Pall Trinity Micro
NIMO
Pepsi Bottling Group, LLC
NIMO
Latham
Quandts Food Service Distr.
NIMO
Queensboro Farm Product
NIMO
Canastota
Revere Copper Products
NIMO
Robinson & Smith Inc.
NIMO
Snyder Industries, Inc.
NIMO
TMP Technologies, Inc.
NIMO
Ventre Packaging Co. Inc.
NIMO
Frito-Lay
NYSEG
NOW THEREFORE BE IT RESOLVED, That the Board hereby finds and
determines that such applications meet the requirements of the Power for Jobs
legislation contained in Chapter 316 of the Laws of 1997; Chapter 386 of the
Laws of 1998; Chapter 63 of the Laws of 2000; Chapter
226 of the Laws of 2002; and Chapter 59 of the Laws of 2004, would
advance the public policy set forth in Section 189(i) of the Economic
Development Law to provide effective incentives to promote economic
development, maintain and develop jobs, and encourage new capital investment
throughout New York State; and be it further
RESOLVED, That the Board recommends to the Power Authority of the State
of New York the 28 applications for electricity savings reimbursements
discussed herein totaling 23,838 kW until December
31, 2005.
4. INFORMATIONAL
ITEM
Gary Paslow, James Pasquale and Joe Carline briefed Board members on the statutory requirements related to job commitments.
Review of the applications for extended Power for Jobs benefits (energy savings reimbursements and/or contract extensions) has determined that more than one-third of the applicants (120 of 322) have reported employment levels below their contractual job commitments.
Section 189 of the New York State
Economic Development Law, as amended by Chapter 59 of the laws of 2004,
provides the statutory authorization for the extended benefits that may be
provided to Power for Jobs customers with contracts that expire before December
31, 2005. The statute authorizes the
Economic Development Power Allocation Board (EDPAB) to solicit and review applications for the power for jobs electricity
savings reimbursements and contract extensions
The law also states:
An applicant shall be eligible for such reimbursements and/or
extensions only if it is in compliance with and agrees to continue to meet the
job retention and creation commitments set forth in its prior power for jobs
contract.
Consequently, EDPAB is unable, under current law, to approve extended benefits for applicants with expired contracts whose reported employment levels are below the job commitments of their previous contract.
The Board discussed the issue and asked staff to notify all applicants with reported employments levels below contractual job commitments that their applications for extended benefits cannot be approved. The Board also asked staff to similarly notify legislative leaders and the Governors office of the matter.
Gary Paslow also briefed Board
members on an issue relating to out-dated references to the New York Power
Authoritys FitzPatrick nuclear power plant, sold by the Authority in 2000, as
the source of the power supply for several power programs, including those
administered by the Economic Development Power Allocation Board.
The Public Authorities Law and the Economic
Development Law provide for the sale of FitzPatrick nuclear power to businesses
in
NYPA sold the FitzPatrick Project to Entergy in 2000 and continues to honor all contracts under the power programs existing at the time of the plant sale with power purchased in the market. However, as these contracts begin to expire in 2005, NYPA will not be able to enter into new long-term contracts under the programs unless the references in the existing laws to the FitzPatrick project as a source of power are changed.
Effort to resolve the FitzPatrick statutory language issues have been ongoing for several years. In March 2002, a Governors Program Bill (S.6425) relating to the creation of Phase Five of the Power for Jobs program included provisions to address the FitzPatrick language problem. However, the legislation was amended and the enacted without those provisions. In the 2003-2004 sessions, legislation (S.5152) was introduced in the state Senate, but no companion legislation was introduced in the Assembly. Legislation is being developed for introduction in 2005. Under the proposed bill, NYPA would have authority to purchase power in the marketplace to serve customers under the various former FitzPatrick programs, including the Economic Development Power program administered by EDPAB.
Until appropriate legislation is enacted, EDPAB cannot consider new allocations nor renew existing allocations under the EDP Program. If satisfactory legislation is enacted, continuity of service will require that EDPAB review and make recommendations to NYPA regarding new contracts and/or contract extensions.
5. Next Meeting
The next meeting of the Board is to be
determined.