§ 184. Criteria for eligibility for economic development power. Each
application for an allocation of economic development power shall be
evaluated under criteria adopted by the board. Such criteria shall
address, but need not be limited to:

(a) the number of new jobs created as a result of an economic
development power allocation;

(b) the applicant's long-term commitment to New York state, as
evidenced by the applicant's current and/or planned capital investment
in business facilities in New York state;

(c) the ratio of the number of jobs to be created to the amount of
economic development power requested by the applicant;

(d) the types of jobs created, as measured by wage and benefit levels,
security and stability of employment;

(e) the type and cost of buildings, equipment and facilities to be
constructed, enlarged or installed;

(f) the extent to which economic development power will affect the
overall productivity or competitiveness of the applicant's business and
its existing employment within the state;

(g) the extent to which an allocation of economic development power
may result in a competitive disadvantage for other businesses in the
state;

(h) the general economic conditions and economic distress in the area
in which the applicant's business facility would be located and the
extent to which economic development power could contribute to the
alleviation of such distress;

(i) the growth potential of the business facility and the contribution
of economic strength to the area in which the business facility is or
would be located;

(j) the extent of the applicant's willingness to make jobs available
to persons defined as eligible for services under the federal job
training partnership act of nineteen hundred eighty-two and the extent
of the applicant's willingness to satisfy affirmative action goals;

(k) the extent to which an allocation of economic development power is
consistent with state, regional and local economic development
strategies and priorities and supported by local units of government in
the area in which the business is located; and

(l) the impact of the allocation on the operation of any other
facilities of the applicant, on other businesses within the state, and
upon other electric ratepayers.