ny-PSC-43-25-00005-P: Maintenance Tier Funding

I.D. No. PSC-43-25-00005-P. Final rule as compared with last published rule: No changes. Text of rule may be obtained from: Beth Faranda, Public Service Com- mission, 3 Empire State Plaza,Albany, New York 12223-1350, (518) 474- 5306, email: Beth.Faranda@dps.ny.gov An IRS employer ID no. or social security no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests. NYS Register/October 7, 2026 Assessment of Public Comment An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the StateAdministrative ProcedureAct. (15-E-0302SA71) NOTICE OFADOPTION Maintenance Tier Funding I.D. No. PSC-05-26-00006-A Filing Date: 2026-09-21 Effective Date: 2026-09-21 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following action: Action taken: On 9/17/26, the PSC adopted an order authorizing the New York State Energy & Research Development Authority (NYSERDA) to enter into a ten-year Maintenance Tier contract with Patriot Hydro Fund- ing, LLC (Patriot) for the Hailesboro 3 facility. Statutory authority: Public Service Law, sections 4(1), 5(1), (2), 66(2); and New York Energy Law, section 6-104(5)(b) Subject: Maintenance Tier Funding. Purpose: To authorize NYSERDA to provide ten-year maintenance tier support to Patriot. Substance of final rule: The Commission, on September 17, 2026, adopted an order authorizing the New York State Energy and Research DevelopmentAuthority (NYSERDA) to enter into a ten-year Maintenance Tier contract with Patriot Hydro Funding, LLC (Patriot) for the Hailesboro 3 facility. Patriot is offered a ten-year maintenance resource contract under the Renewable Energy Standard, with a maintenance award of $23.27 per megawatt hour, for up to 3,925 megawatt hours of energy generated annu- ally at the Hailesboro 3 hydroelectric generating facility. The ten-year term shall commence no earlier than October 1, 2026. Patriot shall provide written notice to the Secretary to the Commission of its decision whether or not it unconditionally accepts the terms and conditions, as discussed in the body of the order and contained in these ordering clauses, within 30 days of the effective date of the order. Failure to timely file the notice shall be deemed a decision by Patriot to decline this offer. Patriot shall provide NYSERDA and Department of Public Service Staff with the necessary documentation, including but not limited to, invoices and engineer reports associated with the completion of the capital expenditures described in its petition. NYSERDA is authorized to use up to $913,348 of NYSERDA uncommitted funds for this use and Department of Public Service Staff is directed to net this value out of the amount that will be used to offset col- lections for NYSERDA’s Energy Efficiency and Buildings Electrification (EE/BE) and Innovation & Rese