PSC-04-13-00010-P Additional Financing of $4.0 Million Related to a Transfer of Interests in Emkey to NEE

1/23/13 N.Y. St. Reg. PSC-04-13-00010-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 04

January 23, 2013

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-04-13-00010-P

Additional Financing of $4.0 Million Related to a Transfer of Interests in Emkey to NEE

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

The Commission is considering a petition filed by Emkey Energy LLC (Emkey) and certain affilliates and owners and NE Energy, Inc. (NEE) requesting the approval of additional financing of $4.0 million related to a transfer of interests in Emkey to NEE.

Statutory authority:

Public Service Law, sections 69 and 70

Subject:

Additional financing of $4.0 million related to a transfer of interests in Emkey to NEE.

Purpose:

Approval of additional financing of $4.0 million related to a transfer of interests in Emkey to NEE.

Substance of proposed rule:

The Public Service Commission is considering a petition filed on December 14, 2012 by Emkey Energy LLC, Emkey Gathering LLC and Emkey Transportation, Inc. (together, Emkey) and certain of their owners and NE Energy, Inc. (NEE) requesting the approval, under lightened regulation, of additional financing in the amount of $4.0 million supported by a lien on the 320-mile natural gas gathering system located in Chautauqua and Cattaraugus Counties in New York and in Erie, Crawford and Warren Counties in Pennsylvania that Emkey owns. The financing is related to the transfer of upstream ownership interests in Emkey to NEE. The Commission may adopt, reject or modify, in whole or in part, the relief proposed and may resolve 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.ny.gov/f96dir.htm. For questions, contact:

Deborah Swatling, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Jeffrey C. Cohen, Acting Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

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.

(12-G-0565SP1)