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New York Codes Rules Regulations (Last Updated: March 27,2024) |
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TITLE 16. Department of Public Service |
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Chapter I. Rules of Procedure |
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Subchapter C. Applications for Authority |
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Article 2. Issuance of Certificates and Permits |
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Part 21. Gas, Electric, Steam, Waterworks, Telegraph and Telephone Corporations and Municipalities |
Sec. 21.3. Evidence to be presented at hearing
Latest version.
- At the hearing, the applicant shall be prepared to show by competent evidence:(a) Description and population of the territory within which it proposes to exercise authority granted by the franchise or consent and to begin construction, including the names of all cities, towns and villages; also the dates when construction will begin and service will be provided.(b) Description of the plant and system to be constructed and the estimated cost thereof.(c) The manner in which the cost is to be financed. If the municipality is to be bonded, there shall be submitted a certified copy of the proposition submitted to the voters and the vote thereon.(d) The rates to be charged for the classes of service rendered.(e) Estimated revenues to be derived from operations covered by the petition, and the estimated expenses of such operations, each to be complete and in detail for each of the first three years of service; also estimate made from an actual survey of the territory of the number of prospective customers at the end of the first, second and third years of service showing for each date the number of prospective customers in the residential, commercial and industrial classes of service.(f) The facts upon which it relies to entitle it to exercise the rights and privileges petitioned for, including evidence of the economic feasibility of the enterprise, proof of the applicant's ability to finance the project and to render adequate service and that the proposal is in the public interest.(g) Where similar services are being rendered in all or part of the area proposed to be served, the public need for the proposed service including, but not limited to:(1) the adequacy of the existing service to meet the reasonable needs of the public in the territory involved;(2) the ability and willingness of the present operator(s) to provide such reasonably adequate service; and(3) the degree of competition desirable or required by the public interest.(h) This section shall not apply to telephone corporations that provide service primarily over their own or leased facilities and that do not provide local exchange service. This section shall not apply to non-incumbent telephone corporations that provide local exchange service primarily over their own or leased facilities.