PRIORITY ISSUE: Replacement Power

The legislature has approved a comprehensive power bill (S.5866/Wright-A.8960/Tonko), that, among other things, permanently extend the "replacement power" program in state statue. This program allocates 445 MW of Niagara hydropower to industrial customers within 30 miles of NYPA's Niagara plant. The bill also broadens the criteria on which extension of replacement power contracts can be based to include investments by the business, and extends broad "expansion power" program criteria -- which includes capital investments and the effect a power allocation will have on a business' productivity -- to new allocations of replacement power The Business Council supported this language. S.5866/A.8960 Bill text
TBC's Legislative memo in support
For more information, contact Ken Pokalsky via e-mail at ken.pokalsky@bcnys.org or phone at 518/465-7511.

The Business Council strongly supports the statutory extension of replacement power from the Niagara hydropower facility, as proposed in S.1136(Maziarz) / A.2715(Tokasz).

Replacement Power is vital to the economy of Western New York. If this power is not maintained for the businesses located in the region and they are forced to cut back on their New York operations or at worst, relocate out of state, the impact on the local economy would be devastating.

Manufacturing companies that receive low-cost hydropower directly provide approximately 40,000 jobs in the Buffalo Niagara region. According to The Business Council report The Key to the Upstate Economy? Manufacturing - Still (September 2002), upstate manufacturing jobs were one of every six private-sector jobs as of June 2002. The Governor's Office of Economic Affairs estimates that each manufacturing job creates 2.67 other jobs in supplier firms, in companies that sell goods or services to workers and their families, and in government.

The Niagara Redevelopment Act (1957) encompasses the Congressional authorization and direction to FERC to issue a license to NYPA to construct and operate hydro facilities that were subsequently developed at Niagara. The Act specifically set aside 445 MW of power for industries or their successors previously served by the Schoellkopf Plant (the Niagara Mohawk plant that was washed into the Niagara Gorge in a rockslide in 1956). This federal direction was "for a period ending not later than the final maturity date of the bonds initially issued to finance the project" so as to restore low power costs to such industries and for the same general purposes for which power from the Schoellkopf Plant was utilized. The Act was approved in 1957 and the plant began operation in 1961.

There is no further federal direction regarding the use of this "replacement power" following final amortization of the original construction bonds on January 1, 2006. Once these bonds are paid off, the replacement power allocation would be subject to state statutory provisions which, unamended, would appear to make continued service to industrial customers a secondary purpose, with priority given to domestic and rural customers. In the 1930's when the Public Authorities law was enacted, hydropower was envisioned as a means to encourage residential and farm use of electricity. Obviously, much has changed since then.