1/2/13 N.Y. St. Reg. PSC-01-13-00008-EP
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
The PSC adopted an Order approving on an emergency basis waivers of certain tariff charges by Con Edison Company of New York, Inc. The waivers enable the company to provide one-time credits on the bills of certain customers that were affected by Super-storm Sandy.
Statutory authority:
Public Service Law, sections 5, 65 and 66
Finding of necessity for emergency rule:
Preservation of public health, public safety and general welfare.
Specific reasons underlying the finding of necessity:
This action is taken on an emergency basis pursuant to State Administrative Procedure Act (SAPA) § 202(6). Failure to approve the waivers of certain tariff charges requested by Con Edison Company of New York, Inc. would result in a delay in providing one-time credits on the bills of certain customers that were affected by Super-storm Sandy. Delay could adversely impact customers affected by Super-storm Sandy because as a storm related bill credit, it is important for customers to receive its benefit closely in time after the storm. As a result, compliance with the advance notice and comment requirements of SAPA § 202(1) would be contrary to the public interest, and the immediate authorization to approve the waivers is necessary for the preservation of the public health, safety and general welfare.
Subject:
Waiver of certain tariff charges.
Purpose:
To consider petition for waiver of certain tariff charges.
Substance of emergency/proposed rule (Full text is posted at the following State website: www.dps.ny.gov):
The Public Service Commission adopted an Order approving on an emergency basis waivers of certain tariff charges by Con Edison Company of New York, Inc. The waivers enable the company to provide one-time credits on the bills of certain customers that were affected by Super-storm Sandy. Failure to promptly approve the waivers could adversely impact customers affected by Super-storm Sandy because as a storm related bill credit, it is important for customers to receive its benefit closely in time after the storm.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire March 13, 2013.
Text of rule may be obtained from:
Deborah Swatling, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2659, email:
deborah.swatling@dps.ny.govData, views or arguments may be submitted to:
Jeffrey C. Cohen, Acting Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 408-1978, email:
secretary@dps.ny.govPublic 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 amended rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
