March 15,2002

Mr. Paul DeCotis
New York State Energy Planning Board
C/o New York State Energy Research and Development Authority
Corporate Plaza West
286 Washington Avenue Extension
Albany, New York 12203-6399

Re: Draft New York State Energy Plan

Dear Mr. DeCotis:

Federated Conservationists of Westchester County, Inc. is a 36-year-old organization founded by many organizations and individuals to create a unified voice on environmental matters of regional concern. For the last 36 years, FCWC has worked on the issues of greatest importance in the county. This has included work on transportation solutions, urban environments, protecting wetlands, habitat and parks, ensuring adherence to environmental regulations, and protecting and enhancing Westchester's natural resources: the Hudson River, Long Island Sound and the New York City watershed. This past year with the controversy surrounding the Millennium Pipeline and Indian Point much of our time has been devoted to issues concerning energy in Westchester County. Because of our concern about the impact of decisions relating to energy on Westchester County, we are submitting these comments with regard to the draft New York State Energy Plan and Draft Environmental Impact Statement ( the "Plan").

We recognize the enormous effort that was required to develop the Plan and commend the staff on all of the good work that has been done to date. FCWC fully supports many of the policy objectives set forth in the plan, particularly promoting a cleaner and healthier environment and encouraging energy efficiency and diversity. We are also glad to see that the issues of global warming and global climate change are acknowledged in the Plan. There are, however, issues relating to Westchester and to the need to develop concrete goals and policies for state investment in energy that we must address.
1. REGIONAL ANALYSIS AND PLANNING REQUIRED

Westchester, an immediate neighbor if New York City, is a settled community. Siting additional energy infrastructure in this populated area is fraught with difficulties and carries with it severe environmental costs. Westchester should not be continually called upon, as it has been, to respond to one energy infrastructure question after another without a context within which to make a sensible assessment. An energy analysis must be prepared for this region of New York State.
For example, Westchester has been asked to accommodate the Millennium Pipeline, a pipeline which would go through the middle of the lake in Teatown Lake Reservation, our most important private nature preserve, through the densely populated streets of Mount Vernon, through people's back yards, through rights of way said to be riddled with hazardous chemicals which would be disturbed by the construction. This has created an outpouring of opposition by citizens from the north to the south of the county which reflects the severity of the disruptions that would be occasioned by the proposed siting of the Pipeline. This outcry resounds strongly in the face of virtually no showing or demonstration of need for the pipeline. Indeed as one politician summed it up, it seems to be a pipeline from "nowhere to nowhere" as Canadian partners dropped out and Con Edison stated that it had no lines in place to pick up the natural gas at its terminus and expressed no interest in making the infrastructure investment required to utilize this new source of supply.
With the events of September 11, we, in Westchester have also been forced to address the wisdom of Indian Point's continued operation in an area populated by 20 million people. We are faced now with the risk not only of an accident caused by human error or equipment failure in a plant with the worst safety record in the country, but also with the new and extraordinarily threatening potential of a terrorist act. An analysis of an Indian Point shut down mandated by these concerns, necessarily requires an examination of the energy related consequences here in Westchester.
Accordingly, to make intelligent decisions about these and other energy related matters sure to arise, Westchester must be able to review them within the context of a regional energy analysis. With the constraints inherent in the energy distribution system, intelligent approaches to the questions we face also require a regional energy plan. Westchester looks to the state to provide that analysis and plan with its resources and expertise as part of the energy planning process.

2. USE A VARIETY OF CONSERVATION ASSUMPTIONS IN ANALYZING AN INDIAN POINT SHUT DOWN

There is enormous political and popular pressure in Westchester and throughout the region to shut down Indian Point. In the words of Congresswoman Nita Lowey, Indian Point presents "an unacceptable risk" to the twenty million people who live within 50 miles of the plants. An energy analysis in the event of an Indian Point shut down should be performed and should be modeled using not only a demand reduction assumption based on a pro rata portion of NYSERDA's existing programs but should be based on a series of demand reduction assumptions. California reduced its energy demand by over 12% in less than a year. There is enormous and dedicated strength to the movement to shut Indian Point which a properly developed model cannot ignore. Accordingly a set of assumptions as to demand reduction beyond NYSERDA programming is a prerequisite to a valid analysis of the energy impact of a shut down.

3. STATE WIDE ENERGY PLANNING

The State of New York's 1998 Energy Plan was based on the premise, that "In a properly functioning market, participants should be able to determine when and where generation or demand reduction measures are needed to meet customer needs." That premise underlies the new Plan as well as it continues with its hands off deregulated posture and is intended to be a "blueprint to inform decision making." This basic premise must be reexamined.
As the energy market has been developing, it is apparent that it is not enough to rely on market forces alone to maximize the public good. Energy does not appear to be the perfectly functioning market laid out in economics 101; even if it were, the social and environmental cost of such an energy market is proving to be unacceptable. New York's experience in the years since deregulation has demonstrated the need for a comprehensive energy plan and energy policies with concrete direction and a blueprint for state investment. Only a comprehensive energy plan can achieve the essential twin goals of economical reliable energy and environmental protection.
The Plan needs to set up concrete goals so that it will serve to refocus the emphasis from the siting of new power plants where most of the attention has been devoted these last few years and ensure that a balance is achieved that includes not only power plants but also reducing demand by increasing efficiency, conservation, load management, using renewable energy sources, fostering the generation of clean power on site, and reviewing transmission systems. The Plan should not just be a series of analyses of existing programs and markets. It should develop measurable outcomes and objectives, with timelines, and should state the actions that will be taken to meet these goals. New York State's energy bill in 1999 was $30.9 billion dollars. That much money should not be spent without a concrete and specific planning framework and solid investment by the state to lead to a sustainable future.

4.ENERGY REDUCTION GOAL

The State should set a specific goal to reduce statewide energy demand by 2010 through significantly expanding its programs for energy efficiency and indicate how this goal will be met. We suggest a goal of a 10% reduction in state wide demand.

5. RENEWABLES GOAL

The State should set a specific goal that electricity sold in New York be from new, clean and renewable sources, such as wind, solar, or sustainable biomass. We suggest that 10% renewable be targeted by 2012. Twelve U.S. states have such requirements in place.

6. CLEAN-UP OLD POLLUTING POWER PLANTS

The power plants grandfathered under the Clean Air Act do not have to meet the same standards as newer plants. As a consequence, these outdated plants are the largest stationary sources of the pollutants that cause acid rain, smog, haze, mercury contamination of lakes, and contribute to global warming. The Plan should include a recommendation to phase-in clean-up of these plants.

7. THE NEED FOR A CONSERVATION CONTINGENCY PLAN

In times of tight reserve margins and high electricity demand, the fastest, cheapest, and cleanest method of ensuring adequate supplies are conservation and efficiency measures. As mentioned above, in California, concerns about short supplies stimulated short-term conservation measures that significantly reduced demand in a short period. New York needs a conservation contingency plan that can be implemented in times of emergency (unforeseen unavailability of power generation) or periods of peak demand.

8. IMPROVE TRANPORTATION OPTIONS AND REDUCE IMPACTS ON THE ENVIRONMENT

The plan should set specific numerical targets for the transportation sector and illustrate how these goals will be met by setting out a program of investment in public transit and rail freight infrastructure, continued promotion of clean vehicles, provision of pedestrian and bicycling alternatives, and pricing policies.

We appreciate this opportunity to comment and would be happy to answer any questions you may have.

Sincerely yours,

Edna Sussman,
Executive Director