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July (pdf) - New York Power Authority

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the Niagara and St. Lawrence-FDR Project interconnections and for the use of generating equipment of<br />

either system by the other in order to make optimum use of all available water at all times. The agreement<br />

provides for the sale by either party to the other of various classes of power and energy, and continues in force<br />

from year to year, subject to termination by either party on not less than five years’ prior notice in writing.<br />

The operation of <strong>Authority</strong> projects is subject to various federal and State licensing and permit<br />

requirements which have constrained facility operations and have caused and are expected to continue to<br />

cause the <strong>Authority</strong> to incur additional costs or to experience a reduction of revenues. Further plant<br />

improvements and modifications may be required by regulatory action or be deemed desirable by the<br />

<strong>Authority</strong> as the result of problems identified from its operating experience or that of operators of similar<br />

facilities.<br />

Fuel Supply<br />

Flynn, 500-MW Plant, SCPPs, and Astoria Energy II plant<br />

The <strong>Authority</strong> endeavors to purchase sufficient amounts of fuel for Flynn, the 500-MW Plant, the<br />

SCPPs, and the Astoria Energy II plant to meet the fuel requirements of these plants. Natural gas is<br />

secured for these plants as required while the <strong>Authority</strong> maintains adequate oil inventory at the 500-MW<br />

Plant, Flynn, and the Astoria Energy II plant to supplement natural gas consumption. Fuel purchases are<br />

effectuated in the spot market and, at times, through longer term supply contracts for natural gas.<br />

Gas Transportation and Supplies<br />

The <strong>Authority</strong> has entered into service agreements with Texas Gas Transmission, LLC, Dominion<br />

Transmission, Inc., and Transcontinental Gas Pipe Line Corporation terminating in October 2016 under which<br />

these pipelines provide firm natural gas transportation service at an estimated average annual cost to the<br />

<strong>Authority</strong> of $7.5 million per year, based on current rates applied to the <strong>Authority</strong>’s full allocation of<br />

capacity. The transportation primarily serves the Flynn plant, and also serves the SCPPs, the 500-MW<br />

Plant, and the Astoria Energy II plant. To the extent transportation costs are for gas used at the Flynn plant,<br />

the recovery of such costs from LIPA would be governed by the terms of the capacity supply agreement, as<br />

supplemented, relating to the plant (see ‘‘PART 2—POWER SALES—Flynn’’).<br />

The <strong>Authority</strong> entered into an agreement with Con Edison ending April 30, 2016 which provides gas<br />

transportation and balancing services to the <strong>Authority</strong> to serve its expected fuel needs for the 500-MW Plant,<br />

the Astoria Energy II plant, and the SCPPs located in Con Edison’s service territory, at an<br />

estimated annual cost of $2.7 million, exclusive of applicable taxes and balancing charges, if any. The<br />

<strong>Authority</strong> has also entered into gas transportation and balancing agreements with National Grid Delivery<br />

Long Island, Inc., and National Grid Delivery <strong>New</strong> <strong>York</strong>, Inc., ending February 28, 2014, which provide gas<br />

transportation and balancing needs of its SCPPs located in the service territories of such utilities, at an<br />

estimated annual cost of $1.2 million, exclusive of applicable taxes and balancing charges, if any.<br />

LEGISLATION AFFECTING THE AUTHORITY<br />

Section 1011 of the Act constitutes a pledge of the State to holders of <strong>Authority</strong> obligations not to limit<br />

or alter the rights vested in the <strong>Authority</strong> by the Act until such obligations together with the interest thereon<br />

are fully met and discharged or unless adequate provision is made by law for the protection of the holders<br />

thereof. Bills are periodically introduced into the State Legislature which propose to limit or restrict the<br />

powers, rights and exemption from regulation which the <strong>Authority</strong> currently possesses under the Act and<br />

other applicable law or otherwise would affect the <strong>Authority</strong>’s financial condition or its ability to conduct its<br />

business, activities, or operations, in the manner presently conducted or contemplated hereby. It is not possible<br />

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