1/19/11 N.Y. St. Reg. PSC-03-11-00014-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
The Public Service Commission is considering a complaint of The Willows Home Owners Association against Aqua New York, Inc. concerning rates in the company's tariff for the Dykeer system.
Statutory authority:
Public Service Law, sections 4(1), 5(1)(f), 89-c(1), (10) and 89-i
Purpose:
To investigate a consumer complaint concerning the rates of Aqua New York, Inc. for its Dykeer water system.
Substance of proposed rule:
On October 9, 2010 a complaint and petition was filed on behalf of The Willows Home Owners Association, Inc. (HOA), concerning the rates established in Case 08-W-0107 for Aqua New York, Inc. for its Dykeer system. These rates which became effective January 1, 2009 were filed in compliance with the Commission Order in Case 08-W-0107 (Order Approving Modified Rate Increase, Issued and Effective December 23, 2008). The October 9, 2010 complaint and petition was denied by letter from Jaclyn Brilling, Secretary dated November 2, 2010. On November 16, 2010, a petition for rehearing of the denial of the complaint and petition to reduce rates was filed on behalf of The Willows Home Owners Association, Inc. As a result, Department of Public Service Staff initiated an investigation of the customer’s complaints regarding the company's rates. The Dykeer Water system provides metered water service to about 120 residential customers in the development known as The Willows in the Town of Somers, Westchester County. The Commission my grant deny or modify, in whole or in part, the relief requested by the petitioners, and may also consider related matters.
Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.state.ny.us/f96dir.htm. For questions, contact:
Leann Ayer, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email:
leann_ayer@dps.state.ny.usData, views or arguments may be submitted to:
Jaclyn A. Brilling, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email:
Secretary@dps.state.ny.usPublic comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
