§ 1021-d. Powers and duties of the authority. The powers conferred by
this title shall be exercised by the directors, subject to the terms of
this title. In the exercise of those powers, either directly or through
its officers and employees, the directors may do the following things,
among others, and the following list of powers shall not be deemed
complete or exclusive, or to deny the existence of other powers, whether
similar or different, so long as they are reasonably necessary for
accomplishing the purposes declared and indicated in this title:

1. To make and alter by-laws for the regulation of its affairs and
conduct of its activities, to schedule annual, regular and special
meetings of the directors, as the conduct of the business of the
authority may warrant, and to adopt and amend an official seal;

2. To develop, acquire, construct, reconstruct, rehabilitate and
improve facilities for the distribution of electric power or any
connected service;

3. To determine the location, type, size, construction, lease,
purchase, ownership, acquisition, use and operation of any facilities or
other structure or property, within or without the service area;

4. To investigate, implement and integrate, to the fullest extent
practicable and economically feasible, such resource conservation and
energy efficiency measures and equipment intended to reduce power demand
and usage, utilize green technologies, alternative and renewable fuels,
net metering and demand response programs, all as integral elements in
its investments in new equipment for distribution of power, and in its
marketing and sale of electricity to consumers;

5. To acquire on behalf of and in the name of the authority, whether
by agreement with and purchase from the owner or owners, or by
arbitration, or within the service area by eminent domain, pursuant to
the procedures set forth in the eminent domain procedure law, or by
lease, the whole or any part of any existing facilities or of any other
property to be used in connection with power distribution by the
authority as set out in this title; provided, however, that the
authority shall not acquire real property of a municipality or a
political subdivision of the state unless such municipality or political
subdivision shall consent thereto; and provided further that the
authority shall not acquire by the exercise of eminent domain any
transmission or generation facilities; and provided further that the
authority shall not acquire by the exercise of eminent domain any
facilities for distribution operating at a voltage in excess of
twenty-two thousand volts from any person, corporation or association,
public or private, engaged in the business of distribution and sale of
electricity to ultimate customers unless the authority is unable to
acquire by contract with the owners or operators thereof, the right to
use such facilities on just, reasonable and non-discriminatory terms. In
the exercise of the power of eminent domain, as provided in this
subdivision, the property being acquired shall be deemed, when so
determined by the authority, to be for a public use;

6. To distribute electric power and any connected services within the
service area, to fix rates and charges for the furnishing or rendition
of electric power or of any connected service, and to collect revenues.
Provided however, that prior to the first sale of electric power or any
connected service, the authority shall promulgate regulations granting
to customers the protections afforded by article two of the public
service law and section one hundred thirty-one-s of the social services
law;

7. To maintain, operate and manage, and contract for the maintenance,
operation and management of properties of the authority;

8. To apply to the appropriate agencies and officials of the federal,
state and local governments for such licenses, permits or approvals for
its plans and projects as it may deem necessary or advisable, and upon
such terms and conditions as it may deem appropriate to accept, in its
discretion, such licenses, permits or approvals as may be tendered to it
by such agencies and officials;

9. To enter upon such lands, waters or premises as in the judgment of
the authority shall be necessary for the purpose of making surveys,
soundings, borings and examinations to accomplish any purpose authorized
by this title, the authority being liable only for actual damages done;

10. To enter into cooperative agreements with other authorities,
municipalities, utility companies, individuals, firms or corporations,
and the dominion of Canada and its political subdivisions, for the
interconnection of facilities and the exchange or interchange of
electric power or connected services, upon such terms and conditions as
shall be determined to be reasonable;

11. To execute contracts, borrow money, issue bonds, notes and other
obligations as provided in section one thousand twenty-one-i of this
title, and sell the same in such amounts and at such prices, interest
rates and other financial terms as may be determined by the directors;

12. To enter into agreements to purchase power from the power
authority of the state of New York, the state, any state agency, any
municipality, any private entity or any other available source at such
price or prices as may be negotiated, including the power to enter into
any agreement or any negotiation for the purchase of power from the
dominion of Canada, or any political subdivision, public authority or
private corporation therein;

13. To make any plans, studies or investigations which it may deem
necessary, convenient or desirable to enable it effectually to carry out
the provisions of this title;

14. To do whatever may be necessary to give effect to the purposes of
this title, and in general to have and exercise all other powers
necessary or incidental to the purposes of this title.