July (pdf) - New York Power Authority

affirmative in all three determinations. The OSC recommended that the Authority monitor staffing levels
continuously to ensure sufficient staff are hired to maintain adequate staffing levels and that the Authority
communicate with union representatives to explore opportunities to shorten the time to complete the
apprenticeship program. The Authority agreed with both recommendations and has taken steps to
implement them.
In March 2006, the OSC issued regulations that are applicable in whole or in part to many public
authorities in New York State, including the Authority. Among other things, the regulations require public
authorities, including the Authority, to adhere to prescribed budgeting and financial plan procedures, certain
financial reporting and certification requirements, and detailed investment guidelines and procedures,
including obtaining the approval of the OSC before adoption of certain changes in accounting principles.
In addition, legislation that took effect on March 1, 2010 provides the OSC with discretionary authority to
review and approve certain contracts to be entered into by public authorities, including the Authority. In
October 2010, the OSC issued regulations to implement this legislation.
State Inspector General. In February 2011, the State Inspector General (“SIG”) informed the
Authority that the SIG was initiating an inquiry into contributions, sponsorships, grants and other
payments made by the Authority from October 2008 to the present. The Authority is cooperating fully
with the SIG in the investigation.
Federal
Federal Energy Regulatory Commission. FERC exercises regulatory authority over the NYISO’s
operations and the Authority participates extensively in the NYISO’s markets (see “PART 2―NEW
YORK INDEPENDENT SYSTEM OPERATOR”). FERC is also authorized by the FPA to license
certain hydroelectric power plants and transmission lines, to issue wheeling and interconnection orders and to
prescribe rules for the sale of electrical energy to and the purchase of energy from qualifying cogeneration and
small power production facilities. See ‘‘PART 2—CERTAIN FACTORS AFFECTING THE ELECTRIC
UTILITY INDUSTRY—The Electric Utility Industry Generally—Energy Policy Act of 2005’’ for a
discussion of FERC’s increased regulatory authority over certain entitites, including the Authority.
Environmental Protection Agency. With the exception of the nuclear facilities matters regulated by the
United States Nuclear Regulatory Commission, the EPA is the principal agency of the Federal
government regulating air and water quality and the use, storage and disposal of hazardous substances. While
most of its air, water and waste programs have been delegated to the State, the EPA retains approval
authority over the individual state programs, in many instances disapproval authority over individual
permit issuance and enforcement authority over all the delegated programs. It is also empowered to
initiate administrative and legal action to compel responsible parties to clean up hazardous waste sites. The
Authority is subject to EPA rules requiring the securing of routine discharge permits for emissions and
effluents from all Authority facilities.
Department of Energy. The Economic Regulatory Administration of DOE is authorized to issue
Presidential permits for international transmission interconnections.
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