On March 6th, an agreement was reached between energy aggregators, industrial companies and the New York State Department of Environmental Conservation (NYSDEC) in the Supreme Court of New York to temporarily stay the implementation and enforcement of 6 NYCRR Part 222. This was the result of the petitioners' Article 78 challenge of the legality of Part 222 and associated revisions of that rule. NYSDEC has posted a brief explanation of the stay on its Part 222 website. In terms of impact on the regulated community, the stay effectively halts ongoing implementation of the rule at least until a preliminary injunction hearing scheduled for May 5th.
The Stipulation and Order (No. 01448-17) issued by Supreme Court of the State of New York and signed by both the Petitioners and NYSDEC contains few details regarding the basis for the injunction. In a presentation delivered by NYSDEC personnel since the March 1 Order, NYSDEC representatives implied that part of the challenge related to the implementation timeframe in the regulation compared to the ordinary operation cycle of typical Demand Response engines regulated by Part 222. Other bases for the challenge have not yet been made public.
Legal filings are due in the coming weeks, and the court date is scheduled in May. Trinity will continue to provide updates as they become available. As a result of this legal challenge, Trinity is postponing the webinar originally scheduled for April 25, 2017, An Update on New York Stationary Engine Regulations.
The NEW Trinity Consultants office in Albany, New York has been closely involved in evaluating Part 222 requirements since the rule was adopted in November, and this most recent turn of events. Contact Trinity today at (518) 205-9000 or email Albany's Office Manager, Brian Noel.