Tesla Finds New York’s Incentive Program Discriminates Against Its Charging Technology

Tesla Inc. on Feb. 28 requested rehearing of the New York Public Service Commission’s order approving an incentive program for electric vehicle charging stations, finding that the agency’s definition of “publicly accessible” stations disqualifies Tesla’s charging technology without any rational basis. The commission, in its Feb. 7 order adopting an annual declining per-plug incentive program, said that Tesla’s direct current fast charging stations will qualify for the incentive if their proprietary technology is coupled with plug types that enables use by vehicles with Asian and European charging systems.

Tesla said there was no indication of any other definition that might be considered except that contained in the consensus proposal filed with the agency to implement the incentive program to address the short-term economic challenges of installing publicly available and affordable stations.  While the proposal defines publicly accessible stations as “those allowing access without site-specific physical access restrictions,” such as supermarkets and retail outlets, the commission order defines them as stations that are “technologically accessible,” Tesla noted. The company said that the move would impede the state’s ability to attain 800,000 zero emission vehicles on New York roads by 2025, and would fail to leverage and accelerate private investment while ensuring prudent spending of ratepayer funds.

The commission issued the order in its proceeding initiated last April to engage utilities in developing infrastructure and rate design to support increasing electric vehicle charging requirements to ensure that they are capable of meeting future development.