New York State’s Microgrid Development Incentives


Report - Microgrids for Critical Facility Resiliency in New York State: In addition to aggressively pursuing greenhouse gas emissions reductions, New York’s Reforming the Energy Vision (REV) Initiativeseeks to enhance the resiliency of the state’s energy system.  In December 2014, the NYS Energy Research and Development Authority (NYSERDA), NYS Department of Public Service (DPS) and NYS Division of Homeland Security and Emergency Services issued a report entitled Microgrids for Critical Facility Resiliency in New York State. As a backdrop, the report included 4 figures depicting widespread electricity customer impacts resulting from several notable weather events, including Hurricane Irene (August 2011), the October 2011 Snowstorm, and Superstorm Sandy (October 2012).  

The report assesses “how microgrids can be used in New York State to sustain mission critical operations during and after severe weather storm events.” A “microgrid” is “a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that acts as a single controllable entity which can connect and disconnect from the surrounding utility grid and operate in both grid-connected or island mode.” The following issues were analyzed:

A key issue is whether microgrids will be regulated as utilities, or “providers of last resort,” under New York State law. These regulatory implications could present insurmountable barriers to a microgrid’s development. However, there is precedent that a microgrid can avoid utility-level regulation even if it serves multiple unaffiliated users as long as the users are located at or near the project site and the project uses certain technologies, such as CHP, allowing it to be considered a “qualifying facility.”

Another issue noted in the report is the potential need for reform of the structure of utility tariffs to accommodate microgrids. Under many existing tariffs, microgrids and/or microgrid users may face onerous tariff rates for utility service. The PSC and DPS’s work on this and related REV issues will be explored in future postings.   

NYSERDA’s NY Prize Program:

NYSERDA is currently administering a program to support community grid planning and development with awards of funding, called the “NY Prize Competition.” The NY Prize program offers support for feasibility studies (Stage 1), audit-grade engineering design and business planning (Stage 2), and project build-out and post-operational monitoring (Stage 3). An RFP is issued for each stage, and NYSERDA announces winners who receive funding based on the proposals.


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National Law Review, Volume V, Number 347