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Text of DEC Emergency Rulemaking on Distributive Generation

[Note: These are amendments to 6 NYCRR Parts 200, 201, 225 and 227. The complete text of these rules are available on the DEC web site at:

http://www.dec.state.ny.us/website/regs/index.html

200.1 (l) Centrally dispatched emergency power generating unit. A stationary source characterized as an on-site power generating unit that may be operated as a secondary source of power following receipt by the unit's owner or operator of a start-up signal from the New York Independent System Operator (the NYISO) indicating that the usual source of power may be imminently unavailable. Upon operation of this unit, the facility to which the unit is attached will cease or reduce drawing from the usual source of power until receipt of a shut-down signal from the NYISO indicating that the facility may safely rely on the usual source of power. The NYISO's transmission of the signal must not precede the NYISO's determination that, for the affected region of the state, the NYISO has experienced a shortage in the operating reserve for electricity generation capacity.

200.1 (ac) Facility specific emergency power generating unit. A stationary source characterized as either an on-site power generating unit that may be operated when the usual source of power is unavailable or a unit that is used to generate power for the operation of firefighting equipment.

200.1 (bh) Peak shaving generation. The practice of utilizing on-site generating capacity for use at a facility (excluding emergency generation when the usual sources of heat, power, and lighting are temporarily unavailable) at the request of the primary electricity supplier.

The operation of an on-site electricity generating unit at a facility pursuant to a request by the supplier of the usual source of electric power. Peak shaving generation does not include the operation of any centrally dispatched emergency power generating unit or facility specific emergency power generating unit.

201-3.2 (a) Proof of eligibility. The owner and/or operator of an emission source or unit that is eligible to be exempt may be required to certify that it operates within ... control requirements, regulations, or law.

The owner and/or operator of any centrally dispatched emergency power generating unit exempt under paragraph (c)(7) of this section must particularly record the identity of the unit which received start-up and shut-down signals from the New York Independent System Operator, the times that the signals were received, and the type of fuel that the generating unit has received since May 1, 2001.

201-3.2 (c)(6) Emergency power generating units installed for use when the usual sources of heat, power, water and lighting are temporarily unobtainable, or which are installed to provide power to fire-fighting equipment, where each individual unit operates less than 500 hours per year, and excluding those units under contract with a utility to provide peak shaving generation to the grid.

Facility specific emergency power generating units where each individual unit operates for no more than 500 hours per year.

201-3.2 (c)(7) Centrally dispatched emergency power generating units where each individual unit operates for no more than 200 hours per year. Should a centrally dispatched emergency power generating unit be also operated as a facility specific emergency power generating unit, the annual 200 hour centrally dispatched operating time limit remains applicable, and the total combined hours for operating as either type of emergency power generating unit shall be for no more than 500 hours.

225-1.2 Prohibitions. (a) Except as provided in subdivision subdivisions (b) and (g),

(g) Beginning May 1, 2001, no person may refuel a stationary internal combustion engine that may be used as a centrally dispatched emergency power generating unit with distillate oil which exceeds 30 parts per million sulfur.

227-2.2(b)(4) Emergency power generating unit. Any power generating unit which operates as a mechanical or electrical power source when the primary power for a facility has been rendered inoperable by an emergency situation.

227-2.4(f)(3) Exemptions. Emergency power generating units and units that operate during emergency situations which operate less that 500 hours per year, are exempt from this subdivision. Centrally dispatched emergency power generating units and facility specific emergency power generating units are exempt from the terms of this subdivision.