ECONOMIC DEVELOPMENT POWER ALLOCATION BOARD
December 17, 2013
Via Videoconference from
Clarence D. Rappleyea Building, White Plains, New York
New York Power Authority Offices:
123 Main Street, 16th Floor, White Plains, NY
30 South Pearl Street – 10th Floor, Albany, NY
Empire State Development Corporation, 95 Perry Street, Suite 500, Buffalo, NY
1. Approval of the December 17, 2013 Proposed Meeting Agenda
2. Approval of the Minutes of the Meeting of September 24, 2013
3. Recharge New York Power Program
4. Next Meeting
A regular meeting of the Economic Development Power Allocation Board was held via videoconference at the following participating locations:
1) New York Power Authority, 123 Main Street, White Plains, NY
2) New York Power Authority, 30 South Pearl Street, Albany, NY
3) Empire State Development Corporation, 95 Perry Street, Suite 500, Buffalo, NY
The following Members of the Board were present:
Samuel Hoyt, Chairman
Eugene L. Nicandri, Member
Bernard P. McGarry, Member
Robert B. Catell, Member
Also in attendance were:
James F. Pasquale Senior Vice President – Economic Development & Energy Efficiency, NYPA
Karen Delince Corporate Secretary, NYPA
Michael Huvane Vice President Marketing, Marketing & Economic Development, NYPA
Timothy Muldoon Manager – Business Power Allocations and Compliance, NYPA
Emily Alkiewicz Business Power Allocations & Compliance, Analyst II, NYPA
Carol Sampson Community Relations Representative II, NYPA
Gary Schmid Manager, Network Services, NYPA
Glenn Martinez Senior Network Analyst, NYPA
Lorna Johnson Associate Secretary, NYPA
Sheila Baughman Assistant Secretary, NYPA
Chairman Hoyt welcomed the Economic Development Power Allocation Board members and Authority staff to the meeting. He said the meeting had been duly noticed as required by the Open Meetings Law and called the meeting to order pursuant to the EDPAB Bylaws, Article III, and Section 2.
1. Adoption of the Proposed Meeting Agenda
Chairman Hoyt asked if any member had a conflict of interest based on the list of companies which was provided by Authority staff.
Upon motion made and seconded, the Agenda for the December 17, 2013 meeting was approved.
2. Adoption of the Minutes
Upon motion made and seconded, the Minutes of the Meeting held on September 24, 2013 were approved.
3. Power Allocations Under the Recharge New York Program
The Economic Development Power Allocation Board (“EDPAB” or “Board”) is requested to:
On April 14, 2011, Governor Andrew M. Cuomo signed into law the RNY Power Program as part of Chapter 60 (Part CC) of the Laws of 2011 (“Chapter 60”). The program makes available 910 megawatts (“MW”) of “RNY Power,” 50% of which will be provided by the Authority’s hydropower resources and 50% of which will be procured by the Authority from other sources. RNY Power contracts can be for a term of up to seven years in exchange for job and capital investment commitments.
RNY Power is available to businesses and not-for-profit corporations for job retention and business expansion and attraction purposes. Specifically, Chapter 60 provides that at least 350 MW of RNY Power shall be dedicated to facilities in the service territories served by the New York State Electric and Gas, National Grid and Rochester Gas and Electric utility companies; at least 200 MW of RNY Power shall be dedicated to the purpose of attracting new businesses and encouraging expansion of existing businesses statewide; and up to 100 MW shall be dedicated for eligible not-for-profit corporations and eligible small businesses statewide.
Under the statute, “eligible applicant” is defined to mean an eligible business, eligible small business, or eligible not-for-profit corporation, however, an eligible applicant shall not include retail businesses as defined by EDPAB, including, without limitation, sports venues, gaming or entertainment-related establishments or places of overnight accommodations. At its meeting on April 24, 2012, EDPAB defined a retail business as a business that is primarily used in making retail sales of goods or services to customers who personally visit such facilities to obtain goods or services, consistent with the rules previously promulgated by EDPAB for implementation of the Authority’s Economic Development Power program.
Prior to entering into a contract with an eligible applicant for the sale of RNY Power, and prior to the provision of electric service relating to a RNY Power allocation, the Authority must offer each eligible applicant that has received an award of RNY Power the option to decline to purchase the RNY Market Power component of such award. If the applicant declines to purchase the RNY Market Power component from the Authority, the Authority has no responsibility for supplying RNY Market Power component of the award.
As part of Governor Andrew M. Cuomo’s initiative to foster business activity and streamline economic development, applications for all statewide economic development programs, including the RNY Power Program, have been incorporated into a single on-line Consolidated Funding Application (“CFA”)marking a fundamental shift in how State economic development resources are marketed and allocated. Beginning in September 2011, the CFA was available to applicants. The CFA continues to serve as an efficient and effective tool to streamline and expedite the State’s efforts to generate sustainable economic growth and employment opportunities. All applications that are considered for an RNY Power allocation are submitted through the CFA process.
Applications for RNY Power are subject to a competitive evaluation process and are evaluated based on the following criteria set forth in the statutes providing for the RNY Power Program (the “RNY Statutes”):
“(i) the significance of the cost of electricity to the applicant's overall cost of doing business, and the impact that a recharge New York power allocation will have on the applicant's operating costs;
(ii) the extent to which a recharge New York power allocation will result in new capital investment in the state by the applicant;
(iii) the extent to which a recharge New York power allocation is consistent with any regional economic development council strategies and priorities;
(iv) the type and cost of buildings, equipment and facilities to be constructed, enlarged or installed if the applicant were to receive an allocation;
(v) the applicant's payroll, salaries, benefits and number of jobs at the facility for which a recharge New York power allocation is requested;
(vi) the number of jobs that will be created or retained within the state in relation to the requested recharge New York power allocation, and the extent to which the applicant will agree to commit to creating or retaining such jobs as a condition to receiving a recharge New York power allocation;
(vii) whether the applicant, due to the cost of electricity, is at risk of closing or curtailing facilities or operations in the state, relocating facilities or operations out of the state, or losing a significant number of jobs in the state, in the absence of a recharge New York power allocation;
(viii) the significance of the applicant's facility that would receive the recharge New York power allocation to the economy of the area in which such facility is located;
(ix) the extent to which the applicant has invested in energy efficiency measures, will agree to participate in or perform energy audits of its facilities, will agree to participate in energy efficiency programs of the authority, or will commit to implement or otherwise make tangible investments in energy efficiency measures as a condition to receiving a recharge New York power allocation;
(x) whether the applicant receives a hydroelectric power allocation or benefits supported by the sale of hydroelectric power under another program administered in whole or in part by the authority;
(xi) the extent to which a recharge New York power allocation will result in an advantage for an applicant in relation to the applicant’s competitors within the state; and
(xii) in addition to the foregoing criteria, in the case of a not-for-profit corporation, whether the applicant provides critical services or substantial benefits to the local community in which the facility for which the allocation is requested is located.”
Based on the evaluation of these criteria, the applications were scored and ranked. Evaluations also considered scores provided by the relevant Regional Economic Development Council under the third and eighth criteria.
In arriving at recommendations for RNY Power for EDPAB’s consideration, staff, among other things, attempted to maximize the economic benefits of low cost NYPA hydropower, the critical state asset at the core of the RNY Power Program, while attempting to ensure that each recipient receives a meaningful RNY Power allocation.
Business applicants with relatively high scores were recommended for allocations of retention RNY Power of 50% of the requested amount or average historic demand, whichever was lower. These allocations were capped at 10 MW for any recommended allocation. Not-for-profit corporation applicants that scored relatively high were recommended for allocations of 33% of the requested amount or average historic demand, whichever was lower. These allocations were capped at 5 MW. Applicants currently receiving hydropower allocations under other Authority power programs were recommended for allocations of RNY Power of 25% of the requested amount subject to the caps as stated above.
RNY Power allocations have been awarded by EDPAB and the Trustees on six prior occasions– in April, June, September and December of 2012, and March and July of this year. There is currently 73 MW of unallocated RNY Power of the 710 MW available for business “retention” purposes. Of that 710 MW retention block, 100 MW was set aside for not-for-profit corporations and small businesses, of which 9.8 MW is available to allocate to such entities. Lastly, there is 134.6 MW of unallocated RNY Power of the 200 MW available for business “expansion” purposes. These figures include allocations that were awarded, modified, declined, and withdrawn prior to today’s recommendations.
The Board is asked to address applications submitted via the CFA process for RNY Power retention-based allocations. Consistent with the evaluation process as described above, EDPAB is requested to recommend RNY Power retention allocations to the businesses listed in Exhibit “A.” Each business has stated a willingness to create or retain jobs in New York State. Additionally, these applicants will be committing to capital investments in exchange for the recommended RNY Power allocations.
The RNY Power “retention” allocations identified in Exhibit “A” are each recommended for a term of seven years. An allocation recommended by EDPAB qualifies the subject applicant to enter into a contract with the Authority for the purchase of the RNY Power. The Authority’s standard RNY Power contract template, approved by the Trustees at their March 27, 2012 meeting, contains provisions addressing such things as effective periodic audits of the recipient of an allocation for the purpose of determining contract and program compliance, and for the partial or complete withdrawal of an allocation if the recipient fails to maintain mutually agreed upon commitments, relating to among other things, employment levels, power utilization, and capital investments. In addition, there is a requirement that a recipient of an allocation perform an energy efficiency audit at its facility not less than once during the first five years of the term of the allocation.
As noted in Exhibit “A”, some of these applicants are also being recommended for expansion-based allocations, having satisfied the criteria for both components of the RNY Power Program.
The Board is asked to address applications submitted for RNY Power expansion-based allocations via the CFA process which request allocations from the 200 MW block of RNY Power dedicated by statute for for-profit businesses that propose to expand existing businesses or create new business in the State. These applications sought a RNY Power allocation for either (i) expansion only, in the case of a new business or facility, (ii) expansion only, in the case of an applicant that already received a retention-based RNY Power allocation under a previous application, or (iii) expansion and retention, in the case of an existing business. EDPAB is requested to recommend RNY Power expansion-based allocations for the businesses listed in Exhibit “B”. Each such allocation would be for a term of seven years.
As with the evaluation process used for the retention recommendations described above, applications for the expansion-based RNY Power were scored based on the statutory criteria, albeit with a focus on information regarding each applicants’ specific project to expand or create their new facility or business (e.g., the expansion project’s cost, associated job creation, and new electric load due to the expansion).
The respective amounts of the expansion-related allocations listed in Exhibit “B” are largely intended to provide approximately 70% of the individual expansion projects’ estimated new electric load. Because these projects have estimated new electric load amounts, and to ensure that an applicant’s overestimation of the amount needed would not cause that applicant to receive a higher proportion of RNY Power to new load, the allocations in Exhibit “B” are recommended based on an “up to” amount basis. Each of these applicants would be required to, among other commitments, add the new electric load as stated in its application, and would be allowed to use up to the amount of their RNY Power allocation in the same proportion of the RNY Power allocation to requested load as stated in Exhibit “B.” The contracts for these allocations would also contain the standard provisions previously summarized in the last paragraph of Section 1 above.
In the process of reviewing the current round of applications for RNY Power, there were three applications by businesses that fit within the definition of a retail business as established by EDPAB. Staff recommends that the Board determine these applicants, listed on Exhibit “C,” to be ineligible for an RNY Power allocation for this reason.
As indicated on Exhibit “D”, staff recommends that the Board not recommend allocations to two applicants for retention-based RNY Power allocations and two applications for expansion-based RNY Power allocations, and further requests the Board to not consider the other applications for an RNY Power allocation as described in Exhibit “D.”
Three of the four applications not recommended for an RNY Power allocation are not recommended because the potential recommended amounts, which is based on the applicants’ requested amounts, did not meet the minimum 10 kW allocation requirement established by the Authority for RNY Power allocations. Additionally, the other application not recommended for an expansion-based RNY Power allocation did not meet the requirement of creating at least one new job as a result of the project.
Staff recommends that EDPAB not consider the other applications listed on Exhibit “D” for one or more of the following reasons: (i) the application was withdrawn; (ii) the application was not sufficiently complete to permit evaluation and/or applicants were unresponsive to requests from Authority staff for more information necessary to fully evaluate the applications; (iii) the application was submitted by a Transitional Electricity Discount (“TED”) beneficiary; (iv) the applicant does not have a demand meter; and/or (v) in the case of expansion-based requests for RNY Power, the applicant proposed projects that were too premature to enable the applicant to make commitments necessary for an allocation of RNY Power.
EDPAB is requested to approve and recommend a transfer of a RNY Power allocation due to a corporate restructuring and name change. The transfer is described in Exhibit “E”. The company will agree to the respective job and capital investment commitments made in the original applications. The Board has previously authorized transfers of RNY Power and other Authority power products like Economic Development Power in similar circumstances.
EDPAB has recommended and the Trustees have approved hundreds of RNY Power allocations since the inception of the program. Specifically, 801 allocations totaling 779 MW have been awarded to over 750 businesses and not-for-profit organizations throughout the State. In the course of reviewing the award and contract offered, many awardees have decided to decline the award or have not been responsive to the contract offering.
Awardees have relinquished 65 allocations totaling 48.2 MW by declining to accept all or part of the RNY Power allocations awarded to them. The reasons for such decisions include an inability to gain corporate sign-off on an award’s agreed upon employment and/or capital investment commitments, a material change in the awardee’s business status after being approved for RNY, a reluctance to accept certain contractual conditions such as audit requirements, and potential minimal savings due to the particular operating characteristics of the awardee’s facility.
In addition, 60 allocations totaling 28.5 MW have been rescinded by the Authority after a reasonable amount of time has elapsed since the time of award with no response from the awardees. After multiple outreaches and transmittal of contract documents by NYPA staff, these awardees were non-responsive and the awards have been withdrawn. The declined and rescinded awards are listed on Exhibit “F.” The result of the allocations being declined and rescinded positively affects the availability of MWs to allocate in future evaluation periods. No action by the Board is required on these applications.
For the reasons stated above, it is requested that EDPAB:(1) recommend that the Trustees approve the allocations of RNY Power for retention purposes to the businesses listed in Exhibit “A” as indicated therein; (2) recommend that the Trustees approve the allocations of RNY Power for expansion purposes to the businesses listed in Exhibit “B” as indicated therein; (3) determine that the businesses identified in Exhibit “C” are ineligible to receive a RNY Power allocation for the reasons discussed above; (4) determine that the applications by the businesses listed in Exhibit “D” are not recommended or not considered for an allocation of RNY Power; and (5) approve and recommend that the Trustees authorize the transfer of the RNY Power allocation identified in Exhibit “E;” as indicated therein.
Mr. James Pasquale provided highlights of staff’s recommendation to the Board.
He said in this round 88 applications were submitted for consideration through the Consolidating Funding Application (“CFA”) process; the Regional Economic Development Council also provided input in the process. To date, there are 73 MW of RNY power available of the 710 MW set aside for “retention” purposes; 9.8 MW available of the 100 MW set aside for not-for-profit organizations and small businesses and 134.6 MW available of the 200 MW set aside for business expansion. He said staff is requesting that EDPAB recommend that the Authority’s Trustees approve 61 allocations of RNY power; determine that six applicants are ineligible to receive an allocation; not recommend and/or consider 29 applications for allocation; and approve and recommend transfer of one existing allocation.
Responding to a question from Chairman Hoyt, Mr. Pasquale agreed that, as part of the CFA and REDC process, the input from the different regions represent 20% of the scoring of the applications before the Board for consideration. Chairman Hoyt then requested that staff provide to the Board, for informational purpose, how the 20% from the regions corresponds with the applications that are actually approved and recommended by EDBAB.
The following resolution was unanimously adopted by members of the Board present.
RESOLVED, That the Economic Development Power Allocation Board hereby approve and recommend that the Trustees authorize the transfer of the RNY Power allocations identified above.
Requests for Transfers of Recharge New York Power Allocations
Anchor Glass Container Corporation, with facilities located in Elmira, NY, received a 6,630 kW RNY Power allocation on April 24, 2012. The company has been acquired by Ardagh Group, a global leader in glass and metal packaging solutions, via a stock purchase. Ardagh Glass Inc. will continue operations at the Elmira facility and commits to maintain the same job and investment levels as in the existing agreement. Anchor Glass Container Corporation has requested that the 6,630 kW RNY Power allocation be transferred to Ardagh Glass Inc.
No other business to report.
4. Next Meeting
The next meeting of the Board will be held via videoconference on Tuesday, January 28, 2013 at 10:00 a.m.