The NYS Public Service Commission (PSC) established a category of Main Tier resources known as "Maintenance Resources." The purpose of the maintenance resource category is to avoid the replacement of valuable baseline renewable resources, not eligible for the RPS Program due to facility vintage, because of the financial inability of such facility to continue operations without RPS Program support. Existing in-state run-of-river hydroelectric facilities of 5MW or less, wind turbines, or biomass direct combustion facilities that were in commercial operation at any time prior to January 1, 2003, that can demonstrate the need to receive RPS financial support to operate, may be eligible, and will be evaluated on a case-by-case basis.
Any entity seeking RPS Program maintenance resource eligibility for a facility must submit the Maintenance Resources Application to the PSC OEEE Director at the address below:
Director, Office of Energy Efficiency and the Environment
NYS Department of Public Service
Empire State Plaza
Agency Building 3
Albany, NY 12223-1350
The application should include the most recent three years' income statements, balance sheets, cash flow statements and income tax returns related to the facility. The request may be submitted at any time through the duration of the RPS Program. The OEEE Director will review the information submitted and may request further information or clarification.
The OEEE Director will make a determination on the facility's eligibility for RPS Program maintenance resource status, taking into consideration each facility's circumstances, and will notify the requesting entity of the findings. If a facility is determined to be RPS Program-eligible for all or a portion of its output, then the OEEE Director will certify such facility to NYSERDA as a maintenance resource. Decisions regarding eligibility may be appealed to the Commission.
Should it determine a facility to be eligible as a maintenance resource, the OEEE Director may recommend to the Public Service Commission, for its approval, a set payment award amount at the minimum level to promote project solvency, and/or other measures that might be taken. Such awards of maintenance resource contracts may occur outside the Main Tier solicitation process.