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July (pdf) - New York Power Authority

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<strong>July</strong> 26, 2011<br />

commitments. Thus, current ECSB participants reported employment levels at nearly 100% of job commitments, in<br />

aggregate.<br />

“Eighty-one percent of the customers in the PFJ and ECSB programs are compliant, as detailed in Exhibits<br />

‘6-A-1’ and ‘6-A-2.’ The remaining nineteen percent, comprised of seventy-eight PFJ allocations, and eighteen<br />

EDP, MDA, or HLF allocations receiving ECSB benefits, are not job compliant, as detailed in Exhibits ‘6-B-1’ and<br />

‘6-B-2.’<br />

“At its meeting on <strong>July</strong> 25, 2011, EDPAB recommended the Trustees take no action on non-compliant PFJ<br />

and ECSB allocations at this time. EDPAB also resolved to preserve the ability to revisit job compliance action, if<br />

deemed necessary and appropriate, at a future time. Based on EDPAB’s recommendation, and in consideration of<br />

the state of the economy along with the short-term nature of these extended benefits, staff recommends that the<br />

Trustees take no action at this time on the companies that were non-compliant, as detailed in Exhibits ‘6-B-1’ and<br />

‘6-B-2,’ while preserving the ability to revisit job compliance action for these allocations at a future time.<br />

“Staff also advises the Trustees that, in the case of ECSB, only customers deemed to be in substantial<br />

compliance are eligible for consideration to receive allocations under Recharge <strong>New</strong> <strong>York</strong>.<br />

RECOMMENDATION<br />

“The Manager – Business <strong>Power</strong> Allocations and Compliance recommends that the Trustees take no action<br />

at this time on <strong>Power</strong> for Jobs and Energy Cost Savings Benefit customers that are non-compliant, as detailed in<br />

Exhibits ‘6-B-1’ and ‘6-B-2,’ while preserving the ability to revisit job compliance action for these allocations at a<br />

future time.<br />

“For the reasons stated, I recommend the approval of the above-requested action by adoption of a<br />

resolution in the form of the attached draft resolution.”<br />

Mr. James Pasquale presented highlights of staff's recommendation to the trustees. In response to a<br />

question from Trustee O'Luck, Mr. Pasquale said that the <strong>Authority</strong> intends to conduct extensive marketing for<br />

the Recharge <strong>New</strong> <strong>York</strong> (“RNY”) program so that companies that were not a part of the <strong>Power</strong> for Jobs (“PFJ”)<br />

or Energy Cost Savings Benefit (“ECSB”) programs will have an opportunity to apply for power under the new<br />

program.<br />

In response to concerns expressed by Trustee Nicandri as to possible conflict of interest with him being a<br />

member of both EDPAB and the Board of Trustees, Ms. Judith McCarthy said that, in the interest of caution, he<br />

can recuse himself from voting on this item today and she will get back to him with a response regarding his<br />

concerns.<br />

Trustees Nicandri, Curley and LeChase recused themselves from voting on this item.<br />

The following resolution, as submitted by the President and Chief Executive Officer, was adopted by a vote<br />

of 4 to 3 with Trustees Nicandri, Curley and LeChase recusing themselves.<br />

WHEREAS, the Economic Development <strong>Power</strong> Allocation<br />

Board (“EDPAB”) has recommended that the <strong>Authority</strong> Trustees take<br />

no action at this time on <strong>Power</strong> for Jobs (“PFJ”) customers and Energy<br />

Cost Savings Benefit (“ECSB”) customers that are non-compliant, as<br />

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