1/23/08 N.Y. St. Reg. PSC-04-08-00013-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 whether to delegate to the secretary authority to approve the conversion of water company paper tariffs to electronic tariffs with certain rate changes, such as the inclusion of a late payment charge, returned check charge, a fixed level for restoration of service charges; and, certain waivers.
Statutory authority:
Public Service Law, sections 4(1), 5(1)(f), 8, 89-c(1) and (10)
Subject:
Delegation of authority to the secretary for approval of routine water company tariff schedules.
Purpose:
To consider delegation of authority.
Substance of proposed rule:
The Commission is considering delegating to the Secretary authority to approve the conversion of water company paper tariffs to electronic tariffs with certain rate changes and, requests for waivers of newspaper publication and the statutory 30 days filing requirement, if applicable. The rate changes for which approval would be delegated would be limited to: (1) the inclusion of a late payment charge of 1-½% per month on the unpaid balance of any bill as permitted by statue and Commission regulations; (2) a returned check charge equal to the actual bank charge plus a handling fee of $5 (total not to exceed the $20 maximum allowed by Section 5-328 of General Obligations Law); and, (3) restoration of service charges as follows: $50 during normal business hours (8:00 am to 4:00 pm, Monday through Friday); $75 outside of normal business hours (Monday through Friday); and, $100 on weekends or holidays. A water utility seeking to convert its paper tariff to an electronic one would be required to verify that the only changes in the electronic tariff were the correction of typographical errors and the addition, if applicable, of the late payment, returned check and restoration of service charges described above. The Commission may approve or reject, in whole or in part, or modify the proposal.
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:
Central Operations, Public Service Commission, Bldg. 3, Empire State Plaza, Albany, NY 12223-1350, (518) 474-2500
Data, views or arguments may be submitted to:
Jaclyn A. Brilling, Secretary, Public Service Commission, Bldg. 3, Empire State Plaza, Albany, NY 12223-1350, (518) 474-6530
Public 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.
